S2226-118

1. Short title; table of contents This Act may be cited as the National Defense Authorization Act for Fiscal Year 2024. The table of contents for this Act is as follows:

2. Organization of Act into divisions; table of contents This Act is organized into four 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. The table of contents for this Act is as follows:

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.

4. Budgetary effects of this Act The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.

111. Report on Army requirements and acquisition strategy for night vision devices Not later than February 29, 2024, the Secretary of the Army shall submit to the congressional defense committees a report on night vision devices. The report required by subsection (a) shall include the following elements: An identification of the specific capabilities the Army is seeking to achieve in night vision. An identification of the capabilities in night vision required by unit, including the number and type of units for each capability. An identification of the total requirement for night vision devices in the Army, disaggregated by number and type of unit. A description of the acquisition strategy of the Army for achieving the capabilities described in paragraph (1), including a description of each of the following: The acquisition objective for each type of night vision device. The programmed purchase quantities for night vision devices required each year. The contract type of each procurement of night vision devices. The expected date for achieving the capabilities. The industrial base constraints on each type of night vision device. The modernization plan for each type of night vision device.

112. Army plan for ensuring sources of cannon tubes The Secretary of the Army shall update the assessment of the Secretary on the sufficiency of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapons tubes. Not later than February 29, 2024, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an update to the report submitted to Congress in March 2022 entitled Army Plan for Ensuring Sources of Cannon Tubes.

113. Strategy for Army tactical wheeled vehicle program 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 2025 and every five years thereafter, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. Each strategy required by subsection (a) shall— align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043); and define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including— light, medium, and heavy tactical wheeled vehicles; and associated trailer and support equipment. Each strategy required by subsection (a) shall include the following: A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the next five fiscal years. A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2). The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based. The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3). In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base. Technological advances that will increase efficiency of and reduce demand for tactical wheeled vehicles. Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others. The capabilities of autonomous equivalents to tactical wheeled vehicles. Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide a briefing to the congressional defense committees that addresses the investment needed for each platform of tactical wheeled vehicle across the future-years defense program.

114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants Section 2834(d) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2201) is amended— in the matter preceding paragraph (1), by striking March 31, 2026 and inserting March 31, 2030; and by adding at the end the following new paragraph: A description of any changes made to the master plan based upon current global events, including pandemics and armed conflicts. (5)A description of any changes made to the master plan based upon current global events, including pandemics and armed conflicts..

115. Report on acquisition strategies of the logistics augmentation program of the Army Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army, in conjunction with the Office of the Secretary of Defense and in coordination with the geographic combatant commanders, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report reviewing the proposed recompete of the operational task orders of the geographic combatant commands under the contract for the logistics augmentation program of the Army that will expire in 2028 (commonly referred to as LOGCAP V). The report required by subsection (a) shall include the following: A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a). Input from stakeholders, including Army Sustainment Command, the geographic combatant commanders, and Army service component commanders, on the desirability and operational impacts of the proposed recompete described in subsection (a). Detailed cost estimates and timelines, including projected transition costs and timelines for the task orders described in subsection (a). An assessment of the potential impacts related to quality and timing of transitioning to the new logistics augmentation program (commonly referred to as LOGCAP VI). An analysis of recompeting the task orders described in subsection (a) compared to transitioning to LOGCAP VI. An overview of potential innovations and efficiencies derived from a competition for LOGCAP VI. An explanation of the benefit of recompeting the task orders described in subsection (a) compared to an open competition for LOGCAP VI. A breakdown of additional authorities needed to move directly to LOGCAP VI.

121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained Section 8062(e) of title 10, United States Code, is amended— in paragraph (1), by striking until the earlier of and all that follows and inserting until the date on which additional operationally deployable aircraft carriers can fully support a 10th carrier air wing;; and in paragraph (2), by striking the earlier of and all that follows through and (B) of and inserting the date referred to in.

122. Extension of prohibition on availability of funds for Navy port waterborne security barriers Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 123(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking through 2023 and inserting through 2024.

123. Multiyear procurement authority for Virginia class submarine program Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of 10 Virginia class submarines. The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of— long lead time material; or material or equipment in economic order quantities when cost savings are achievable. A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. A contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.

131. Limitations and minimum inventory requirement relating to RQ–4 aircraft Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection: During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not— retire an RQ–4 aircraft; reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ status); or decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. (l)(1)During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not—(A)retire an RQ–4 aircraft;(B)reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft;(C)keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ status); or(D)decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft.(2)The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft..

132. Limitation on divestiture of T–1A training aircraft No divestiture of any T–1A training aircraft may occur until the Chief of Staff of the Air Force submits to the congressional defense committees a certification of— the fleet-wide implementation of the Undergraduate Pilot Training 2.5 curriculum and the effect of such implementation on the undergraduate pilot training pipeline; and how the divestiture would affect existing programs of the Air Force that accelerate pilot training.

133. 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), as amended by section 141(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft. Section 142(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755), as amended by section 141(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft.

134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft Section 9062(i)(1) of title 10, United States Code, is amended by striking 1,145 fighter aircraft and inserting 1,112 fighter aircraft.

135. Modification of limitation on divestment of F–15 aircraft Section 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2456) is amended— in subsection (b)(1)— in subparagraph (C)(ii), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: for each covered F–15 aircraft that the Secretary plans to divest, a description of— the upgrades and modifications done to the aircraft, including the date of each modification and the value amount of each modification in current year dollars; and the estimated remaining service life of— the aircraft; and the onboard systems of the aircraft. by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following new subsection (c): Not later than October 1 of each year through October 1, 2028, the Secretary of the Air Force shall— update the report required under subsection (b); and submit such update to the congressional defense committees. (E)for each covered F–15 aircraft that the Secretary plans to divest, a description of—(i)the upgrades and modifications done to the aircraft, including the date of each modification and the value amount of each modification in current year dollars; and(ii)the estimated remaining service life of—(I)the aircraft; and (II)the onboard systems of the aircraft.; and (c)UpdatesNot later than October 1 of each year through October 1, 2028, the Secretary of the Air Force shall—(1)update the report required under subsection (b); and (2)submit such update to the congressional defense committees..

136. Report on Air Force executive aircraft Not later than January 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: An overview of the total missions flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission types and Government agencies supported. An identification of each mission flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission type, overall cost, average flight hour cost, and Government agency supported, disaggregated by wing and by type of aircraft. The projected mission capacity for executive aircraft of the Air Force for the five fiscal years following the fiscal year in which the report is submitted, disaggregated by fiscal year, factoring in any planned changes to aircraft inventory. A description of any anomalous conditions that may have impacted the availability, with respect to executive aircraft of the Air Force, of a specific aircraft type or wing during the five fiscal years preceding the fiscal year in which the report is submitted, such as unavailability of a specific aircraft type due to block upgrades or fleetwide maintenance issues. A description of the impact of the capacity of executive aircraft of the Air Force on the overall capacity of the Department of Defense to meet demand for executive aircraft. The total outlays of the Department of the Air Force for missions flown by executive aircraft of the Air Force, after factoring in reimbursements received from Government agencies supported, during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year and by account. The projected budgets for the executive aircraft of the Air Force through the future years defense program. A narrative description of how the Air Force plans and budgets for missions flown by executive aircraft. Any other information the Secretary considers to be important. The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex for the purposes of describing classified missions supported by the executive aircraft of the Air Force.

141. Pilot program to accelerate the procurement and fielding of innovative technologies Section 834(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4061 note) is amended by adding at the end the following new paragraph: The Secretary of Defense may waive the priority established pursuant to paragraph (1) for up to two solicitations for proposals per fiscal year. (3)The Secretary of Defense may waive the priority established pursuant to paragraph (1) for up to two solicitations for proposals per fiscal year..

142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense The Secretary of Defense shall develop and implement policies to establish the unified datalink strategy of the Department of Defense (in this section referred to as the strategy). The policies required by paragraph (1) shall include the following: The designation of an organization that will act as the lead coordinator of datalink activities across the entire Department of Defense. Prioritization and coordination across services of the strategy within the requirements generation process of the Department. The use of a common standardized datalink network or transport protocol that ensures interoperability between independently developed datalinks, regardless of physical medium used, and ensures mesh routing. The Secretary of Defense shall consider the use of a subset of Internet Protocol. A programmatic decoupling of the physical method used to transmit data, the network or transport protocols used in the transmission and reception of data, and the applications used to process and use data. The coordination of weapon systems executing the same mission types across services of the strategy, including through the use of a common set of datalink waveforms. The Secretary shall evaluate the use of redundant datalinks for line-of-sight and beyond-line-of-sight information exchange for each weapon systems platform. Coordination between the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to leverage any efficiencies and overlap with existing datalink waveforms of the intelligence community. Methods to support the rapid integration of common datalinks across the force. Support for modularity of specific datalink waveforms to enable rapid integration of future datalinks, including the use of software defined radios compliant with modular open system architecture and sensor open system architecture. Not later than June 1, 2024, the Secretary of Defense shall provide to the congressional defense committees the following: A briefing on the proposed policies required by subsection (a)(1), with timelines for implementation. An estimated timeline of implementations of datalinks. A list of any additional resources and authorities required to execute the strategy. A determination of whether a common set of datalinks can and should be implemented across all major weapon systems within the Department of Defense.

143. Report on contract for cybersecurity capabilities and briefing Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a report on the decision to exercise options on an existing contract to use cybersecurity capabilities to protect assets and networks across the Department of Defense. The report required by paragraph (1) shall include the following: A description of the potential effects on innovation and competition among cybersecurity vendors of the decision to exercise the cybersecurity options on the contract described in paragraph (1). A description of the risks and benefits associated with an integrated enterprise-wide cybersecurity solution from a single vendor. A description of future plans of the Department of Defense to recompete the acquisition of integrated and interoperable cybersecurity tools and applications that would allow multiple vendors to compete separately and as teams. A copy of the analysis conducted by the Director of Cost Assessment and Program Evaluation of the Department of the costs and effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1). A copy of the analysis conducted by the Director of Operational Test and Evaluation of the Department of the effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1) compared to other commercially available products and vendors. Not later than 60 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the plans of the Department to ensure competition and interoperability in the security and identity and access management product market segments.

201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

211. Updated guidance on planning for exportability features for future programs The Under Secretary of Defense for Acquisition and Sustainment shall ensure that program guidance is updated to integrate planning for exportability features called for by section 4067 of title 10, United States Code, for the following activities: Major defense acquisition programs (MDAPs) (as defined in section 4201 of title 10, United States Code), which shall include in the initial cost estimates for the programs a requirement to capture potential exportability needs. Middle tier acquisition (MTA) programs described in section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.), which shall include an assessment of potential exportability needs prior to transition from rapid fielding or prototyping. The Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans.

213. Modification to personnel management authority to attract experts in science and engineering Section 4092(b) of title 10, United States code is amended— in paragraph (1)(B), by striking of which not more than 5 such positions may be positions of administration or management of the Agency; and in paragraph (4), by inserting , including, upon separation, pay the travel, transportation, and relocation expenses to return to the location of origin, at the time of the initial appointment, within the United States before the period at the end.

214. Administration of the Advanced Sensors Application Program Section 218 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in subsection (a)— in paragraph (1), by striking The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve and inserting The Under Secretary of Defense for Intelligence and Security, acting through the Director of the Air Force Office of Concepts, Development, and Management Office, shall serve; and in paragraph (2), by striking The resource sponsors of the Program shall be responsible and inserting The resource sponsor, in consultation with the Commander of Naval Air Systems Command, shall be responsible; in subsection (b), by striking Only the Secretary of the Navy, the Under Secretary of the Navy, and the Commander of Naval Air Systems Command may and inserting Only the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office, in consultation with the Commander of Naval Air Systems Command, may; and in subsection (d)(3), by striking exercised by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy and inserting exercised by the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office.

215. Delegation of responsibility for certain research programs Section 980(b) of title 10, United Stated Code, is amended— by inserting (1) before The Secretary; and by adding to the end the following new paragraph: The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering. (2)The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering..

216. Program of standards and requirements for microelectronics The Secretary of Defense shall establish, not later than 180 days after the date of the enactment of this Act, a program within the National Security Agency to develop and continuously update, as the Secretary determines necessary, standards, commercial best practices, and requirements for the design, manufacture, packaging, test, and distribution of microelectronics acquired by the Department of Defense to provide acceptable levels of confidentiality, integrity, and availability for Department commercial-off-the-shelf (COTS) microelectronics, field programmable gate arrays (FPGAs), and custom integrated circuits (CICs). The Secretary shall ensure that the program established pursuant to subsection (a) is advised and assessed by the Government-Industry-Academia Working Group on Microelectronics established under section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263). The program established by subsection (a) shall develop— evidence-based assurance processes and techniques that sustain, build on, automate, and scale up the results and accomplishments of the Rapid Assured Microelectronics Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging (SHIP) programs to enhance the confidentiality, integrity, and availability of microelectronics while minimizing costs and impacts to commercial manufacturing practices; validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Secretary determines necessary; threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation, based on the principle of reducing risk to as low a level as reasonably practicable, including— comparative risk assessments; and balanced and practical investments in assurance based on risks and returns; levels of assurance and associated requirements for the production and acquisition of commercial-off-the-shelf integrated circuits, integrated circuits subject to International Traffic in Arms Regulations (ITAR) under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified integrated circuits using commercial foundry manufacturing process flows; guides for Federal Government program evaluators, program offices, and industry to meet microelectronics assurance requirements; and guidance for the creation of a government organizational structure and plan to support the acquisition of fit-for-purpose microelectronics, including the role of the Defense Microelectronics Activity, the Crane Division of the Naval Surface Warfare Center, and the Joint Federated Assurance Center. The program established pursuant to subsection (a) shall establish a Department microelectronics assurance standard that includes an overarching assurance framework as well as the guides developed under subsection (c)(5), for commercial-off-the-shelf integrated circuits, integrated circuits subject to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified microelectronics developed under subsection (c)(4). The Secretary shall designate one individual from a military department as the Microelectronics Assurance Executive Agent to assist Federal Government program offices in acquiring fit-for-purpose microelectronics. Effective on the date of the establishment of the program required by subsection (a), such program shall assume management of the Rapid Assured Microelectronics Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging programs that were in effect on the day before the date of the enactment of this Act and executed by the Under Secretary of Defense for Research and Engineering. The Under Secretary of Defense for Research and Engineering shall provide oversight of the planning and execution of the program required by subsection (a). The Secretary shall ensure that, for contracts for application-specific integrated circuits designed by defense industrial base contractors— the use of evidence-based assurance processes and techniques are included in the contract data requirements list; commercial best industry practices for confidentiality, integrity, and availability are used; a library of certified third-party intellectual property is established for reuse, including reuse of transistor layouts, cells, and macrocells; legal mechanisms are in place for data collection and sharing; and automation technology is adopted to achieve efficiency.

217. Clarifying role of partnership intermediaries to promote defense research and education Section 4124(f)(2) of title 10, United States Code, is amended— by striking that assists and inserting the following: “that— assists in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting a semicolon; and by adding at the end the following new subparagraphs: facilitates technology transfer from industry or academic institutions to the Center; or assists and facilitates workforce development in critical technology areas and technology transition to fulfill unmet needs of a Center. (A)assists; (B)facilitates technology transfer from industry or academic institutions to the Center; or(C)assists and facilitates workforce development in critical technology areas and technology transition to fulfill unmet needs of a Center..

218. Competition for technology that detects and watermarks the use of generative artificial intelligence The Secretary of Defense shall establish and carry out a prize competition under section 4025 of title 10, United States Code, to evaluate technology, including applications, tools, and models, for the detection and watermarking of generative artificial intelligence (AI)— to facilitate the research, development, testing, evaluation, and competition of secure generative artificial intelligence detection and watermark technologies that can support each Secretary of a military department and the commanders of combatant commands to support warfighting requirements; and to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production. The participants in the competition carried out pursuant to paragraph (1) may include Federally-funded research and development centers (FFRDCs), the private sector, the defense industrial base, academia, government agencies, and such other participants as the Secretary considers appropriate. The competition will begin within 270 days of passage of this Act. The competition established and carried out pursuant to paragraph (1) shall be known as the Generative AI Detection and Watermark Competition. The Under Secretary of Defense for Research and Engineering shall administer the competition required by subsection (a). Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the framework the Secretary will use to carry out the competition required by subsection (a). Not later than October 1 of each year until the termination of the competition established and carried out under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the competition. In this section: The term detection means a technology that can positively identify the presence of generative artificial intelligence in digital content. The term watermarking means embedding a piece of data onto detected artificial intelligence generated digital content, conveying attribution to the source generation. The competition established and carried out pursuant to subsection (a) shall terminate on December 31, 2025.

221. Department of Defense prize competitions for business systems modernization Not later than September 30, 2028, the Secretary of Defense and the Secretaries of the military departments shall complete one or more prize competitions under section 4025 of title 10, United States Code, in order to support the business systems modernization goals of the Department of Defense. Each prize competition carried out under subsection (a) shall be structured to complement, and to the degree practicable, accelerate delivery or expand functionality of business systems capabilities being pursued by the affected Secretary, either currently in operation, in development, or for broad classes of systems covered by the business enterprise architecture required by section 2222(e) of title 10, United States Code. In carrying out subsection (a), the Secretary of Defense and the Secretaries of the military departments shall each consider the following: Integration of artificial intelligence or machine learning capabilities. Data analytics or business intelligence, or related visualization capability. Automated updating of business architectures, business systems integration, or documentation related to existing systems or manuals. Improvements to interfaces or processes for interacting with other non-Department of Defense business systems. Updates or replacements for legacy business systems to improve operational effectiveness and efficiency, such as the Mechanization of Contract Administration Services (MOCAS). Contract writing systems or expanded capability that could be integrated into existing systems. Pay and personnel systems, or expanded capability, that could be integrated into existing systems. Other finance and accounting systems, or expanded capability, that could be integrated into existing systems. Systems supporting industrial base and supply chain visibility, analytics, and management.

222. Update to plans and strategies for artificial intelligence The Secretary of Defense shall, in consultation with the Deputy Secretary of Defense— establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of the strategy and whether any revision is necessary; issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to— the adoption of artificial intelligence; adoption and enforcement of policies on the ethical use of artificial intelligence systems; and the identification and mitigation of bias in artificial intelligence algorithms; issue Department-wide guidance regarding— methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics; means to enforce and update ethics policy and guidelines across all adopted artificial intelligence systems; and means to identify, monitor, and mitigate bias in artificial intelligence algorithms; develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy for use of, and defense against adversarial use of, generative artificial intelligence; assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs; assess the availability and adequacy of the basic artificial intelligence training and education curricula available to the broader Department civilian workforce and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development; develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common terminology for artificial intelligence-related activities; develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments; develop and implement a plan— to identify commercially available and relevant large language models; and to make those available, as appropriate, on classified networks; develop a plan to defend the people, organizations, and systems of the Department against adversarial artificial intelligence, including identification of organizations within the Department that could provide red teams capabilities for operational and developmental needs; develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide their artificial intelligence algorithms to a Department repository established pursuant to section 232 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note), including policy for how to address data rights in situations in which government and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment; issue guidance and directives for how the Chief Digital and Artificial Intelligence Officer of the Department will exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or utilized by Department components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4001 note); and clarify guidance on the instances for and role of human intervention and oversight in the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations. The Secretary shall develop the procedures, guidance, plans, assessment, and timelines required under subsection (a) not later than 120 days after the date of enactment of this Act. Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the procedures, guidance, plans, assessment, and timelines established, issued, carried out, or developed under subsection (a).

223. Western regional range complex demonstration The Secretary shall carry out a demonstration of a joint multi-domain nonkinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain nonkinetic 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 in the information environment. Joint All Domain Command and Control (JADC2). Information warfare, including the following: Intelligence, surveillance, and reconnaissance. Offensive and defense 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.

224. Report on feasibility and advisability of establishing a quantum computing innovation center Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Chief Digital and Artificial Intelligence Officer, submit to the congressional defense committees a report on the feasibility and advisability of establishing a quantum computing innovation center within the Department of Defense— to identify and pursue the development of quantum computing applications to enhance military operations; to harness the talent and skills of physicists and scientists within the Department to develop quantum computing applications; and to coordinate and synchronize quantum computing research across the Department. The report required under subsection (a) shall include the following: An assessment of the ongoing activities of the Department that are part of the National Quantum Initiative. An evaluation of the plans of the Department to develop quantum computing, sensing, and networking applications. The level of funding and resources invested by the Department to enable quantum military applications. Any established metrics or performance indicators to track the progress of quantum technology developments. The extent to which the Department is partnering with commercial entities engaging in quantum research and development. An evaluation of any plans establishing how commercial advances in quantum technology can be leveraged for military operations. An assessment of the maturity of United States competitor efforts to develop quantum applications for adversarial use. An assessment of any processes to harmonize or coordinate activities across the Department to develop quantum computing applications. An evaluation of any Department-issued policy guidance regarding quantum computing applications. An evaluation of any Department plans to defend against adversarial use of quantum computing applications.

225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall, in consultation with the Office of General Counsel of the Department of Defense and the Director of the Defense Advanced Research Projects Agency, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the impediments to the transition of the Semantic Forensics program to operational use. The briefing provided pursuant to subsection (a) shall include the following: Identification of policy and legal challenges associated with the transition described in subsection (a) and implementation of the Semantic Forensics program, including with respect to the use and operational testing of publicly available information. Identification of other Federal agencies with legal authorities that may be able to resolve the challenges identified pursuant to paragraph (1). Recommendations for legislative or administrative action to mitigate the challenges identified pursuant to paragraph (1).

226. Annual report on Department of Defense hypersonic capability funding and investment Not later than March 1 of fiscal year 2024 and March 1 of each of fiscal year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on funding and investments of the Department of Defense relating to hypersonic capabilities, including with respect to procurement, research, development, operations, and maintenance of offensive and defensive hypersonic weapons. Each report submitted pursuant to subsection (a) shall— include cost data on the vehicles, testing, hypersonic sensors, command and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary considers appropriate; disaggregate information reported by offensive and defensive hypersonic capabilities; for research relating to hypersonic capabilities, include the program element and the name of the entity that is conducting the research, a description of the purpose of the research, and any Uniform Resource Locators to weapon programs associated with the research; and to the degree applicable, include all associated hypersonic program elements and line items. Each report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.

227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System Of the funds authorized to be appropriated by this Act for fiscal year 2024 for travel for the office of the Under Secretary of Defense for Personnel and Readiness, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives supporting justification material underpinning the decision to cease current modernization efforts for the Defense Travel System (DTS), and a plan going forward for modernizing or replacing such system The justification material and plan described in subsection (a) shall include the following: The documentation from the Milestone Decision Authority (MDA) justifying cancellation of the current modernization contract, including— specific metrics used to make that determination; a timeline for decisions leading to the final cancellation; notification from the military departments when they were unable to make the desired usage rates using the current modernization prototype; identification of system requirements for audit readiness, as well as interface needs for other enterprise resource planning systems, in the current modernization contract; and alternatives considered prior to cancellation. An assessment by the Cost Assessment of Program Evaluation office comparing— costs of continuing with the current modernization prototype across the future years defense plan (FYDP); and costs of sustainment of the Defense Travel System across the future years defense plan, factoring potential costs of restarting modernization efforts. A description from the Milestone Decision Authority on what the current plan is for modernizing the Defense Travel System, including timelines and potential costs.

228. Annual report on unfunded priorities for research, development, test, and evaluation activities Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). The additional amount of funds recommended in connection with the objectives under subparagraph (A). Account information with respect to such priority, including the following (as applicable): Line Item Number (LIN) for applicable procurement accounts. Program Element (PE) number for applicable research, development, test, and evaluation accounts. The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— section 222a or 222b; or section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note). Each report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. In this section, the term unfunded priority, in the case of a fiscal year, means a program, activity, or mission requirement, that— is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and would have been recommended for funding through that budget if— additional resources had been available for the budget to fund the program, activity, or mission requirement; or the program, activity, or mission requirement has emerged since the budget was formulated. The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e.Unfunded priorities for research, development, test, and evaluation activities(a)Annual reportNot later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities.(b)Contents(1)In generalExcept as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following:(A)A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).(B)The additional amount of funds recommended in connection with the objectives under subparagraph (A).(C)Account information with respect to such priority, including the following (as applicable):(i)Line Item Number (LIN) for applicable procurement accounts.(ii)Program Element (PE) number for applicable research, development, test, and evaluation accounts.(2)Prioritization of prioritiesThe report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.(c)Exclusion of priorities covered in other reportsThe report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under—(1)section 222a or 222b; or(2)section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note).(d)FormEach report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate.(e)Unfunded priority definedIn this section, the term unfunded priority, in the case of a fiscal year, means a program, activity, or mission requirement, that—(1)is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and(2)would have been recommended for funding through that budget if—(A)additional resources had been available for the budget to fund the program, activity, or mission requirement; or(B)the program, activity, or mission requirement has emerged since the budget was formulated.. 222e. Annual report on unfunded priorities for research, development, test, and evaluation activities..

222e. Unfunded priorities for research, development, test, and evaluation activities Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). The additional amount of funds recommended in connection with the objectives under subparagraph (A). Account information with respect to such priority, including the following (as applicable): Line Item Number (LIN) for applicable procurement accounts. Program Element (PE) number for applicable research, development, test, and evaluation accounts. The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— section 222a or 222b; or section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note). Each report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. In this section, the term unfunded priority, in the case of a fiscal year, means a program, activity, or mission requirement, that— is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and would have been recommended for funding through that budget if— additional resources had been available for the budget to fund the program, activity, or mission requirement; or the program, activity, or mission requirement has emerged since the budget was formulated.

301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter Section 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2911 note) is amended— by striking The Secretary of Defense and inserting the following: The Secretary of Defense by adding at the end the following new paragraph: The fuel efficiency key performance parameter implemented under paragraph (1) may be waived for a system only if such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment. The waiver authority under subparagraph (A) may not be delegated. (1)In generalThe Secretary of Defense; and (2)Waiver of fuel efficiency key performance parameter(A)In generalThe fuel efficiency key performance parameter implemented under paragraph (1) may be waived for a system only if such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment.(B)NondelegationThe waiver authority under subparagraph (A) may not be delegated..

312. Improvement and codification of Sentinel Landscapes Partnership program authority Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note) is amended— by transferring such section to appear after section 2692 of title 10, United States Code; by redesignating such section as section 2693; and by amending the section heading to read as follows: Section 2693 of title 10, United States Code, as transferred and redesignated by subsection (a), is further amended— in subsection (a), by striking and the Secretary of the Interior and inserting , the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners; in subsection (b), by striking and the Secretary of the Interior, may, as the Secretaries and inserting the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners may, as they; by amending subsection (c) to read as follows: The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace. in subsection (d)— by striking the first sentence and inserting The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary or head.; and in the second sentence, by striking eligible landowner or agricultural producer and inserting eligible owner or manager of land; and by redesignating subsection (f) as subsection (g); by inserting after subsection (e) the following new subsection (f): Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section. in subsection (g), as redesigned by paragraph (5)— in paragraph (1), by striking section 670(1) of title 16, United States Code and inserting section 100(1) of the Sikes Act (16 U.S.C. 670(1)); in paragraph (2), by striking section 670(3) of title 16, United States Code and inserting section 100(3) of the Sikes Act (16 U.S.C. 670(3)); and in paragraph (3), by amending subparagraph (B) to read as follows: the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation. The table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2692 the following new item: 2693.Sentinel Landscapes Partnership. (c)Coordination of activitiesThe Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace.; (f)Rule of constructionNothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.; (B)the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation.. 2693. Sentinel Landscapes Partnership..

2693. Sentinel Landscapes Partnership

313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel Section 324(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— by striking paragraph (2); by redesignating paragraph (1) as paragraph (2); by inserting before paragraph (2), as redesignated by paragraph (2) of this section, the following new paragraph: The term applicable material means— monoglycerides, diglycerides, and triglycerides; free fatty acids; or fatty acid esters. by adding at the end the following new paragraphs: The term biomass has the meaning given that term in section 45K(c)(3) of the Internal Revenue Code of 1986. The term lifecycle greenhouse gas emissions reduction percentage means, with respect to any sustainable aviation fuel, the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based aviation fuel, as determined in accordance with— the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, by the International Civil Aviation Organization with the agreement of the United States; or the most recent determinations, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model developed by Argonne National Laboratory. The term sustainable aviation fuel means liquid fuel, the portion of which is not kerosene, that— meets the requirements of— ASTM International Standard D7566; or the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1; is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock that is not biomass; is not derived from palm fatty acid distillates or petroleum; and has been certified pursuant to a scheme or model under paragraph (4) as having a lifecycle greenhouse gas emissions reduction percentage of not less than 50 percent. (1)The term applicable material means—(A)monoglycerides, diglycerides, and triglycerides;(B)free fatty acids; or(C)fatty acid esters.; and (3)The term biomass has the meaning given that term in section 45K(c)(3) of the Internal Revenue Code of 1986. (4)The term lifecycle greenhouse gas emissions reduction percentage means, with respect to any sustainable aviation fuel, the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based aviation fuel, as determined in accordance with—(A)the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, by the International Civil Aviation Organization with the agreement of the United States; or(B)the most recent determinations, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model developed by Argonne National Laboratory. (5)The term sustainable aviation fuel means liquid fuel, the portion of which is not kerosene, that—(A)meets the requirements of—(i)ASTM International Standard D7566; or(ii)the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1;(B)is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock that is not biomass;(C)is not derived from palm fatty acid distillates or petroleum; and(D)has been certified pursuant to a scheme or model under paragraph (4) as having a lifecycle greenhouse gas emissions reduction percentage of not less than 50 percent..

315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall furnish technical assistance services described in paragraph (3) through the Technical Assistance for Public Participation (TAPP) Program of the Department of Defense to communities, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department. The Secretary, acting through the Director of the Office of Local Defense Community Cooperation, may furnish technical assistance services pursuant to paragraph (1) through a Federal interagency agreement, a private service provider, or a cooperative agreement entered into with a nonprofit organization. The technical assistance services described in this paragraph are services to improve public participation in, or assist in the navigation of, environmental response efforts, including— the provision of advice and guidance to a community or individual specified in paragraph (1) regarding additional technical assistance with respect to which such community or individual may be eligible (including pursuant to subsection (b)); the interpretation of site-related documents; the interpretation of health-related information; assistance with the preparation of public comments; and the development of outreach materials to improve public participation. Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall administer a grant program under which the Director may award a grant to a community, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department of Defense. Funds provided under a grant awarded pursuant to paragraph (1) in connection with a release of a pollutant at a facility may be used by the grant recipient only to obtain technical assistance and services for public participation in various stages of the processes of response, remediation, and removal actions at the facility, including— interpreting the nature of the release, including monitoring and testing plans and reports associated with site assessment and characterization at the facility; interpreting documents, plans, proposed actions, and final decisions related to— an interim remedial action; a remedial investigation or feasibility study; a record of decision; a remedial design; the selection and construction of remedial action; operation and maintenance; and a five-year review at the facility. a removal action at such facility; and services specified under subsection (a)(3). None of the amounts made available under this section may be used for the purpose of conducting— lobbying activities; or legal challenges of final decisions of the Department of Defense.

321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances The Secretary of Defense may treat covered materials, including soils that have been contaminated with PFAS, until the date on which the Secretary adopts the final rule required under section 343(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2701 note) if the treatment of such materials occurs through the use of remediation or disposal technology approved by the relevant Federal regulatory agency. In this section, the terms covered material and PFAS have the meanings given those terms in section 343(e) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2701 note).

323. Modification of authority for environmental restoration projects at National Guard facilities Paragraph (4) of section 2700 of title 10, United States Code, is amended— by striking State-owned; by striking owned and operated by a State when such land is; and by striking even though such land is not under the jurisdiction of the Department of Defense. and inserting without regard to— the owner or operator of the facility; or whether the facility is under the jurisdiction of the Department of Defense or a military department. Section 2701(a)(1) of such title is amended by striking State-owned. Section 2701(c)(1)(D) of such title is amended by striking State-owned. Section 2701(d)(1) of such title is amended, in the second sentence, by inserting or at a National Guard facility before the period at the end. Section 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense. Section 2707 of such title is amended by striking subsection (e). Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard facility, as such term is defined in section 2700 of title 10, United States Code. (A)the owner or operator of the facility; or(B)whether the facility is under the jurisdiction of the Department of Defense or a military department..

324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances Of the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note), which shall include the following: A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States. A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code. Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs. If the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing.

325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances and polyfluoroalkyl substances, including funding for and descriptions of— research and development efforts; testing; remediation; contaminant disposal; and community outreach.

326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information Not later than 270 days after the date of the enactment of this Act, and once every two years thereafter through December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— a proposed schedule for the completion of testing and remediation activities, including remediation of perfluoroalkyl substances and polyfluoroalkyl substances, at military installations, facilities of the National Guard, and formerly used defense sites in the United States where the Secretary obligated funding for environmental restoration activities in fiscal year 2022; detailed cost estimates to complete such activities, if such estimates are available; and if such estimates are not available, estimated costs to complete such activities based on historical costs of remediation for— sites remediated under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; other Federally-funded sites; or privately-funded sites. The schedule and cost estimates required under paragraph (1) shall include a schedule and estimated costs for the completion of remedial investigations and feasibility studies at all sites covered under such paragraph for which such investigations and studies are anticipated or planned. In this subsection, the term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obligated amounts for environmental restoration activities.

327. Modification of timing of report on activities of PFAS Task Force Section 2714(f) of title 10, United States Code, is amended by striking and quarterly thereafter, and inserting and annually thereafter through 2029,.

328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances Not later than one year after the date of the enactment of this Act, and not later than five years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the state of ongoing testing and remediation by the Department of Defense of current or former military installations contaminated with perfluoroalkyl substances or polyfluoroalkyl substances, including— assessments of the thoroughness, pace, and cost-effectiveness of efforts of the Department to conduct testing and remediation relating to those substances; recommendations to improve those efforts; and such other matters as the Comptroller General determines appropriate.

331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall select not fewer than four geographically diverse military installations at which to carry out the pilot program under subsection (a). In selecting military installations under paragraph (1), the Secretary of Defense shall give priority to any military installation that is a key component of not fewer than two Contingency Plans (CONPLANs) or Operational Plans (OPLANs), with priority given to such plans in the area of responsibility of the United States Indo-Pacific Command or the United States European Command. If two or more military installations are given equal priority under subparagraph (A), priority for selection under paragraph (1) shall be given to the military installations that are— connected to national-level infrastructure; located near a commercial port; or located near a national financial hub. In carrying out the pilot program under subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall— without duplicating or disrupting existing cyber exercise activities under the National Cyber Exercise Program under section 2220B of the Homeland Security Act of 2002 (6 U.S.C. 665h), conduct cyber resiliency and reconstitution stress test scenarios through tabletop exercises and, if possible, live exercises— to assess how to prioritize restoration of power, water, and telecommunications for a military installation in the event of a significant cyberattack on regional critical infrastructure that has similar impacts on State and local infrastructure; and to determine the recovery process needed to ensure the military installation can function and support an overseas contingency operation or a homeland defense mission, as appropriate; map dependencies of power, water, and telecommunications at the military installation and the connections to distribution and generation outside the military installation; recommend priorities for the order of recovery for the military installation in the event of a significant cyberattack, considering both the requirements needed for operations of the military installation and the potential participation of personnel at the military installation in an overseas contingency operation or a homeland defense mission; and create a lessons-learned database from the exercises conducted under paragraph (1) across all installations participating in the pilot program to share with the appropriate committees of Congress. The Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall ensure that activities under subsection (c) are coordinated with— private entities that operate power, water, and telecommunications for a military installation participating in the pilot program under subsection (a); relevant military and civilian personnel; and any other entity that the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs determines is relevant to the execution of activities under subsection (c). Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Assistant to the President for Homeland Security, the National Cyber Director, the head of any other relevant Sector Risk Management Agency, the Committees on Armed Services of the Senate and the House of Representatives, and, if appropriate, relevant private sector owners and operators of critical infrastructure a report on the activities carried out under pilot program under subsection (a), including a description of any operational challenges identified. In this section: The term critical infrastructure has the meaning given that term in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c). The term Sector Risk Management Agency has the meaning given that term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).

332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization The Secretary of Navy, in coordination with the Shipyard Infrastructure Optimization Program, shall develop and implement a strategy to leverage commercial best practices used in shipyards to make operations more efficient and demonstrate a digital maintenance artificial intelligence platform that analyzes data on the maintenance and health of shipboard assets of the Navy at shipyards, which shall improve readiness of the Armed Forces, predict and diagnose issues before they occur, and lower maintenance costs. The Secretary of Navy shall assess the costs of maintenance delays on shipboard assets of the Navy and assess the potential cost savings of adopting artificial intelligence predictive maintenance technology techniques that help determine the condition of in-service equipment to estimate when maintenance should be performed rather than waiting until failure or end of life, including— an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues; an evaluation of opportunities to demonstrate commercial best practices at shipyards, including artificial intelligence technologies to ensure timely predictions for maintainers and planners at shipyards by connecting datasets, executing models, and providing outputs in near real-time; an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance and an estimate of resources needed within the Navy to accelerate the demonstration of predictive artificial intelligence capabilities with respect to those assets; and an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimization Program. Not later than 180 days after the date of the enactment of this Act, the Secretary of Navy shall provide to the congressional defense committees a briefing on— the strategy developed by the Secretary under subsection (a); the results of the assessment under subsection (b); and a plan to execute any measures pursuant to such assessment.

341. Critical infrastructure conditions at military installations Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that— have not been privatized pursuant to a conveyance under section 2688 of title 10, United States Code; and are located on a military installation. Beginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government at military installations. Each report required by paragraph (1) shall include the following: Installation-level critical infrastructure system data for each critical infrastructure system owned by the Federal Government located at a military installation that includes the following for each such system: All instances of noncompliance with any applicable Federal or State law (including regulations) with which the system has been required to comply during the preceding five-year period, including information on any prior or current consent order or equivalent compliance agreement with any regulatory agency. The year of original installation of major critical infrastructure system components, including treatment facilities, pump stations, and storage tanks. The average age of distribution system piping and wiring. The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets. The percentage of key system operational components inspected, and determined through actual testing to be fully operational, during the preceding one-year period, including fire hydrants, valves, and backflow preventors. The absolute number, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. The absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. The absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks during the preceding one-year period. A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following: The ability to maintain compliance with all current and known future regulatory agency regulations and standards and all applicable regulations and policies of the Department of Defense and the military departments related to critical infrastructure, and the ability to operate systems in accordance with accepted industry standards. The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks. The ability to withstand severe weather events, including drought, flooding, and temperature fluctuations. The ability for utility industrial controls systems to maintain compliance with current and future cybersecurity standards and regulations.

342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines Not later than March 1, 2024, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of a study to address the feasibility and advisability of establishing sufficient stabling, pasture, and training area for the equines in the Caisson Platoon of the 3rd United States Infantry (commonly known as the Old Guard). The report required under subsection (a) shall include— any recommendations determined necessary and appropriate by the Secretary— to implement the plan required under section 391(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2549); and to ensure proper animal facility sanitation for the equines in the Caisson Platoon of the 3rd United States Infantry; and plans for the housing and care of such equines. The report required under subsection (a) shall include a review of all physical locations under consideration as stabling, pasture, or training area described in such subsection for any withdrawals or projects that would require individual military construction authorization. In considering locations for stabling, pasture, or training area under subsection (a), the Secretary of the Army shall consider all viable options within a reasonable distance to Arlington National Cemetery. The report required under subsection (a) shall include, for each location under consideration as stabling, pasture, or training area described in such subsection— a brief environmental assessment of the location; estimated costs for preparing the location for construction; a narrative of how the location will be beneficial and conducive the health of the equines in the Caisson Platoon of the 3rd United States Infantry; a narrative of how, if necessary, the location can be expanded; and a narrative of how the location will affect community access to outdoor recreation.

343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy Not later than October 1, 2023, and quarterly thereafter until September 30, 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the operational status of the amphibious warship fleet of the Department of the Navy. Each briefing under subsection (a) shall include, with respect to each amphibious warship, the following: Average quarterly Operational Availability (AO). Number of days underway as follows: Training for the purpose of supporting Mission Essential Tasks (in this section referred to as MET) of the Marine Corps, including unit level well-deck or flight-deck operations training and Amphibious Ready Group and Marine Expeditionary Unit integrated training. Deployed, which shall not include scheduled or unscheduled in port maintenance. Expected completion date for in-work and scheduled and unscheduled maintenance. An update on any delays in completion of scheduled and unscheduled maintenance and casualty reports impacting the following: Scheduled unit level well-deck and flight-deck operations training of the Marine Corps. MET certifications of the Marine Corps, including mobility, communications, amphibious well-deck operations, aviation operations, and warfare training. Composition and deployment dates of scheduled and deployed Amphibious Ready Groups and Marine Expeditionary Units. In this section: The term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction. The terms Amphibious Ready Group and Marine Expeditionary Unit means a group or unit, as the case may be, that consists of a minimum of— three amphibious assault ships (general purpose) (LHA) or amphibious assault ships (multi-purpose) (LHD); and one amphibious transport dock (LPD) Flight I.

344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall brief the congressional defense committees on a plan for maintaining the proficiency of the Navy and the Air Force, respectively, in executing the emergency movement of munitions stored in weapons storage areas in Joint Region Marianas, Guam, onto aircraft and naval vessels, including plans to regularly exercise such capabilities.

351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School The Secretary of the Navy shall continue, through fiscal year 2024— to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and in coordination with the Commander of the United States Special Operations Command, to provide such support, as necessary, for the continued operation of such school.

352. Restriction on retirement of U–28 Aircraft None of the funds authorized to be appropriated by this Act may be used to retire U–28 aircraft until the Secretary of Defense certifies to the congressional defense committees that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, with respect to the United States Special Operations Command provides for intelligence, surveillance, and reconnaissance capacity and capability that is equal to or greater than such capacity and capability provided by the current fleet of U–28 aircraft for such Command.

353. Tribal liaisons The Secretary of Defense shall ensure that each installation of the Department of Defense that has an Indian Tribe, Native Hawaiian organization, or Tribal interests in the area surrounding the installation, including if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly impacted by the installation, has a dedicated Tribal liaison located at the installation. In this section: The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). The term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).

354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center None of the amounts authorized by this Act for operation and maintenance, Defense-wide to expand leased facilities for the Joint Military Information Support Operations Web Operations Center may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees a validated manpower study for such center that includes the following: Validated estimates of the number of personnel from the United States Special Operations Command and the other combatant commands that will be housed in leased facilities of such center. An explanation of how such estimates are aligned with and support the priorities established by the national defense strategy under 113(g) of title 10, United States Code.

355. Modifications to the Contested Logistics Working Group of the Department of Defense Paragraph (3) of section 2926(d) of title 10, United States Code, is amended by adding at the end the following new subparagraph: A representative appointed by the Secretary of Defense from each of the following: The Defense Logistics Agency. The Strategic Capabilities Office. The Defense Advanced Research Projects Agency. The Office of the Under Secretary of Defense for Research and Engineering. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under paragraph (3)(D) of such section, as added by paragraph (1) of this subsection. Such section is further amended by adding at the end the following new paragraph: The working group under paragraph (1) shall meet not less frequently than quarterly. Such section is further amended by adding at the end the following new paragraph: Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense. (D)A representative appointed by the Secretary of Defense from each of the following:(i)The Defense Logistics Agency.(ii)The Strategic Capabilities Office.(iii)The Defense Advanced Research Projects Agency.(iv)The Office of the Under Secretary of Defense for Research and Engineering.. (6)The working group under paragraph (1) shall meet not less frequently than quarterly.. (7)Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense..

356. Establishment of Caisson Platoon to support military and State funeral services There is established in the Department of the Army an equine unit, to be known as the Caisson Platoon, assigned to the 3rd Infantry Regiment of the Army, for the purposes of conducting military and State funerals and for other purposes. The Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a). Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids. The briefing required by paragraph (1) shall include the following: An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for the Caisson Platoon. An update on the plan of the task force of the Army on military working equids to promote, support, and sustain animal health and welfare. An update on the plan of such task force to ensure that support by the Caisson Platoon of Arlington National Cemetery and State funerals is never suspended again.

357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30-year shipbuilding plan that meets the statutory requirement in section 8062(b) of title 10, United States Code, to maintain 31 amphibious warships. In this section, the term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction.

358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities Section 2012(i) of title 10, United States Code, is amended— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking Nothing in this section and inserting (1) Nothing in this section; in subparagraph (A), as so redesignated, by inserting , except as provided in paragraph (2), before for response; and by adding at the end the following new paragraph: Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and construction to restore an area after a natural disaster. (2)Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and construction to restore an area after a natural disaster..

401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2024, as follows: The Army, 452,000. The Navy, 342,000. The Marine Corps, 172,300. The Air Force, 320,000. The Space Force, 9,400.

402. End strength level matters Section 115 of title 10, United States Code, is amended— in subsection (f)(2), by striking not more than 2 percent and inserting not more than 3 percent; and in subsection (g)(1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength. (A)vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength;(B)vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and(C)vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength..

403. Extension of additional authority to vary Space Force end strength Section 403(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking December 31, 2023 and inserting October 1, 2025.

411. End strengths for Selected Reserve The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2024, as follows: The Army National Guard of the United States, 325,000. The Army Reserve, 174,800. The Navy Reserve, 57,200. The Marine Corps Reserve, 33,600. The Air National Guard of the United States, 105,000. The Air Force Reserve, 69,600. The Coast Guard Reserve, 7,000. 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 for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412 . End strengths for Reserves on active duty in support of the Reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2024, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: The Army National Guard of the United States, 30,845. The Army Reserve, 16,511. The Navy Reserve, 10,327. The Marine Corps Reserve, 2,355. The Air National Guard of the United States, 25,333. The Air Force Reserve, 6,003.

413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2024 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: For the Army National Guard of the United States, 22,294. For the Army Reserve, 7,990. For the Air National Guard of the United States, 10,994. For the Air Force Reserve, 7,111. The number of temporary military technicians (dual status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.

414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2024, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: 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.

421. Military personnel Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2024.

501. Authorized strength: general and flag officers on active duty Chapter 32 of title 10, United States Code, is amended— by repealing section 526; by redesignating section 526a as section 526; in the table of sections for such chapter, by striking the item relating to section 526a; and in the section heading for section 526, as redesignated by paragraph (2), by striking after December 31, 2022. Section 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended— in subsection (a)— by striking after December 31, 2022,; in paragraph (1), by striking 218 and inserting 219; in paragraph (2), by striking 149 and inserting 150; in paragraph (3), by striking 170 and inserting 171; and in paragraph (4), by striking 62 and inserting 64; and by redesignating the second subsection designated as subsection (i) as subsection (j). Section 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed.

502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards Section 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows: shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. Section 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows: shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. (B)shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.. (B)shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable..

503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths Section 523(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: Officers who are licensed behavioral health providers, including clinical psychologists, social workers, and mental health nurse practitioners. (10)Officers who are licensed behavioral health providers, including clinical psychologists, social workers, and mental health nurse practitioners..

504. Updating authority to authorize promotion transfers between components of the same service or a different service Section 578 of title 10, United States Code, is amended by adding at the end the following new subsection: Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title. Section 624 of such title is amended by adding at the end the following new subsections: Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. Section 14308(c) of such title is amended— by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph: The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title. (g)Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title.. (e)Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.(f)Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.. (3)The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title..

505. Effect of failure of selection for promotion Section 632 of title 10, United States Code, is amended— in the section heading, by striking and Marine Corps and inserting Marine Corps, and Space Force; in subsection (a)(1), by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public. The table of sections at the beginning of chapter 36 of title 10, United States Code, is amended by striking the item relating to section 632 and inserting the following new item: Section 8372(a)(2)(A) of title 10, United States Code, is amended by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public. 632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy..

506. Permanent authority to order retired members to active duty in high-demand, low-density appointments Section 688a of title 10, United States Code, is amended— in the section heading, by striking Retired aviators: temporary authority and inserting Authority; by striking subsection (f); by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and in subsection (f), as redesignated by paragraph (3), by striking limitations in subsections (c) and (f) and inserting limitation in subsection (c). The table of sections at the beginning of chapter 39 of title 10, United States Code, is amended by striking the item relating to section 688a and inserting the following new item: 688a. Authority to order to active duty in high-demand, low-density assignments..

507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers Section 651(c) of title 10, United States Code, is amended— in paragraph (1), by inserting or in the case of an unrestricted officer designated within a cyberspace occupational specialty before the period at the end; and in paragraph (2)— in subparagraph (A), by striking ; or and inserting a semicolon; in subparagraph (B), by striking the period and inserting ; or; and by adding at the end the following new subparagraph: in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement. Chapter 37 of title 10, United States Code, is amended by inserting after section 653 the new following section: The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. In this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training. The table of sections at the beginning of such chapter 37 is amended by inserting after the item relating to section 653 the following new item: (C)in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement.. 654.Minimum service requirement for certain cyberspace occupational specialties(a)Cyberspace operations officerThe minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years.(b)Service obligation definedIn this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.. 654. Minimum service requirement for certain cyberspace occupational specialties..

654. Minimum service requirement for certain cyberspace occupational specialties The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. In this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.

508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee Section 10305 of title 10, United States Code, is amended― in subsection (b), by striking not on active duty both places it appears; and in subsection (c)— by inserting of the reserve components after among the members; and by striking not on active duty.

509. Extension of authority to vary number of Space Force officers considered for promotion to major general Subsection (b) of section 503 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1680) is amended by striking shall terminate on December 31, 2022 and inserting shall terminate on December 31, 2024.

510. Realignment of Navy spot-promotion quotas Section 605(g)(4)(B) of title 10, United States Code, is amended by striking 325 and inserting 425.

511. Modification of limitation on promotion selection board rates Section 616 of title 10, United States Code, is amended— in subsection (d)— by striking The number and inserting (1) Except as provided in paragraph (2), the number; and by adding at the end the following new paragraph: If a promotion zone established under section 623 of this title includes less than 50 officers and is established with respect to promotions to a grade below the grade of colonel or Navy captain, the Secretary concerned may authorize selection boards convened under section 611(a) of this title to recommend for promotion a number equal to not more than 100 percent of the number of officers included in such promotion zone. in subsection (e), by striking unless he and inserting unless the officer. (2)If a promotion zone established under section 623 of this title includes less than 50 officers and is established with respect to promotions to a grade below the grade of colonel or Navy captain, the Secretary concerned may authorize selection boards convened under section 611(a) of this title to recommend for promotion a number equal to not more than 100 percent of the number of officers included in such promotion zone.; and

512. Time in grade requirements Section 1305 of title 10, United States Code, is amended— in subsection (a)(3), by inserting or a Marine Corps Marine Gunner warrant officer in such grade, after chief warrant officer, W–5,; in subsection (b), by striking when he and inserting when the warrant officer; and in subsection (c)— by striking as he and inserting as the Secretary concerned; and by striking after he and inserting after the warrant officer.

513. Flexibility in determining terms of appointment for certain senior officer positions Chapter 35 of title 10, United States Code, is amended by inserting after section 601 the following new section: The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership. The table of sections at the beginning of chapter 35 of title 10, United States Code, is amended by inserting after the item relating to section 601 the following new item: 602.Flexibility in determining terms of appointment for certain senior officer positionsThe Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.. 602. Flexibility in determining terms of appointment for certain senior officer positions..

602. Flexibility in determining terms of appointment for certain senior officer positions The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.

521. Alternative promotion authority for reserve officers in designated competitive categories Part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter: Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: A detailed description of officer requirements for officers within the competitive category. An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. An estimate of the size of the promotion zone for each grade within the competitive category. A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter. Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). The following provisions of this title shall not apply to the promotion of officers described in subsection (a): The reference in section 14301(b) to an officer above the promotion zone. Section 14301(d). The following officers are not eligible for promotion under this chapter: An officer described in section 14301(c) of this title. An officer not included within the promotion zone. An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction. Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter. Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). In the administration of this chapter pursuant to subsection (a)— an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104. Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a). Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter. The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: Section 14518, relating to continuation of officers to complete disciplinary action. Section 14519, relating to deferment of retirement or separation for medical reasons. Section 14704, relating to the selective early removal from the reserve active-status list. Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps. The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter. The table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item: 1413Alternative promotion authority for officers in designated competitive categoriesSec. 15101. Officers in designated competitive categories. 15102. Selection for promotion. 15103. Eligibility for consideration for promotion. 15104. Opportunities for consideration for promotion. 15105. Promotions. 15106. Failure of selection for promotion. 15107. Retirement: retirement for years of service; selective early retirement. 15108. Continuation on the Reserve Active-Status List. 15109. Other administrative authorities. 15110. Regulations. 15101.Officers in designated competitive categories(a)Authority to designate competitive categories of officersEach Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter.(b)Limitation on exercise of authorityThe Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:(1)A detailed description of officer requirements for officers within the competitive category.(2)An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.(3)An estimate of the size of the promotion zone for each grade within the competitive category.(4)A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.15102.Selection for promotion(a)In generalExcept as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title.(b)No recommendation for promotion of officers below promotion zoneSection 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a).(c)Recommendation for officers to be excluded from future consideration for promotionIn making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.15103.Eligibility for consideration for promotion(a)In generalExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.(b)Inapplicability of certain time-in-grade requirementsSections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).(c)Inapplicability to officers above and below promotion zoneThe following provisions of this title shall not apply to the promotion of officers described in subsection (a):(1)The reference in section 14301(b) to an officer above the promotion zone.(2)Section 14301(d).(d)Ineligibility of certain officersThe following officers are not eligible for promotion under this chapter:(1)An officer described in section 14301(c) of this title.(2)An officer not included within the promotion zone.(3)An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title.(4)An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.15104.Opportunities for consideration for promotion(a)Specification of number of opportunities for consideration for promotionIn designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.(b)Limited authority of secretary of military department to modify number of opportunitiesThe Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.(c)Discretionary authority of Secretary of defense to modify number of opportunitiesThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.(d)Limitation on number of opportunities specifiedThe number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.(e)Effect of certain reduction in number of opportunities specifiedIf, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.15105.PromotionsSections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.15106.Failure of selection for promotion(a)In generalExcept as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.(b)Inapplicability of failure of selection for promotion to officers above promotion zoneThe reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).(c)Special selection board mattersThe reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).(d)Effect of failure of selectionIn the administration of this chapter pursuant to subsection (a)—(1)an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and(2)any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.15107.Retirement: retirement for years of service; selective early retirement(a)Retirement for years of serviceSections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.(b)Selective early retirementSection 14101(b) of this title shall apply to the retirement of officers described in subsection (a).15108.Continuation on the Reserve Active-Status ListSections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.15109.Other administrative authorities(a)In generalThe following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter:(1)Section 14518, relating to continuation of officers to complete disciplinary action.(2)Section 14519, relating to deferment of retirement or separation for medical reasons.(3)Section 14704, relating to the selective early removal from the reserve active-status list.(4)Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.15110.RegulationsThe Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.. 1413. Alternative promotion authority for officers in designated competitive categories15101.

15101. Officers in designated competitive categories Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: A detailed description of officer requirements for officers within the competitive category. An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. An estimate of the size of the promotion zone for each grade within the competitive category. A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.

15102. Selection for promotion Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.

15103. Eligibility for consideration for promotion Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). The following provisions of this title shall not apply to the promotion of officers described in subsection (a): The reference in section 14301(b) to an officer above the promotion zone. Section 14301(d). The following officers are not eligible for promotion under this chapter: An officer described in section 14301(c) of this title. An officer not included within the promotion zone. An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.

15104. Opportunities for consideration for promotion In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

15105. Promotions Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.

15106. Failure of selection for promotion Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). In the administration of this chapter pursuant to subsection (a)— an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.

15107. Retirement: retirement for years of service; selective early retirement Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a).

15108. Continuation on the Reserve Active-Status List Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.

15109. Other administrative authorities The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: Section 14518, relating to continuation of officers to complete disciplinary action. Section 14519, relating to deferment of retirement or separation for medical reasons. Section 14704, relating to the selective early removal from the reserve active-status list. Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.

15110. Regulations The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.

522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident Section 12304 of title 10, United States Code, is amended— in subsection (a), by striking for any named operational mission; by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; by inserting after subsection (b) the following new subsection: The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating determines it is necessary to augment the active forces for the respective responses from the Department of Defense or the Department of Homeland Security to a covered incident. in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) after subsection (b); in subsection (h) (as so redesignated)— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; by striking Whenever any and inserting (1) Whenever any; and by adding at the end the following new paragraph: Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by— order of the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating; or law. in subsection (k) (as so redesignated)— by redesignating paragraph (2) as paragraph (3); and by inserting after paragraph (1) the following new paragraph: The term covered incident means— a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States; a cyber incident involving a Department of Homeland Security information system or a breach of a Department of Homeland Security system that involves personally identifiable information that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b). (c)Significant cyber incidentsThe Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating determines it is necessary to augment the active forces for the respective responses from the Department of Defense or the Department of Homeland Security to a covered incident.; (2)Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by—(A)order of the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating; or(B)law.; and (2)The term covered incident means—(A)a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;(B)a cyber incident involving a Department of Homeland Security information system or a breach of a Department of Homeland Security system that involves personally identifiable information that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; (C)a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or(D)a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b)..

523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands Section 12304b(b)(1) of title 10, United States Code, is amended— by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; by striking Units and inserting (A) Except as provided under subparagraph (B), units; and by adding at the end the following new subparagraph: In the event the President's budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice. (B)In the event the President's budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice..

524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands Section 164(e)(4) of title 10, United States Code, is amended— by inserting (A) before At least one deputy commander; and by adding at the end the following new subparagraphs: In carrying out the requirement in subparagraph (A) pertaining to the selection of an officer of the reserve component, the Secretary of Defense shall alternate between selecting an officer of the National Guard and an officer of the Reserves no less frequently than every two terms. The Secretary of Defense may waive the requirement under subparagraph (B) regarding the alternating selection of reserve component officers if the Secretary of Defense determines that such action is in the national interest. (B)In carrying out the requirement in subparagraph (A) pertaining to the selection of an officer of the reserve component, the Secretary of Defense shall alternate between selecting an officer of the National Guard and an officer of the Reserves no less frequently than every two terms.(C)The Secretary of Defense may waive the requirement under subparagraph (B) regarding the alternating selection of reserve component officers if the Secretary of Defense determines that such action is in the national interest..

525. Grade of Vice Chief of the National Guard Bureau Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection: The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. The Secretary of Defense shall designate, pursuant to subsection (b) of section 526a of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. (c)Grade and Exclusion From General and Flag Officer Authorized Strength(1)The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.(2)The Secretary of Defense shall designate, pursuant to subsection (b) of section 526a of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section..

531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level Section 520(a) of title 10, United States Code, is amended— by striking The number of persons and inserting (1) The number of persons; by striking may not exceed 20 percent and inserting may not exceed 4 percent; and by adding at the end the following new paragraph: Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority. (2)Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority..

532. Non-medical counseling services for military families Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection: In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional. A non-medical mental health professional described in this subsection is a person who is— a currently licensed mental health care provider who holds a license that is— issued by a State, the District of Columbia, or a territory or possession of the United States; and recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services; a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). The authority under this subsection shall terminate three years after the date of the enactment of this subsection. In this subsection, the term non-medical counseling services means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning. (d)Non-medical counseling services(1)In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. (2)A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional. (3)A non-medical mental health professional described in this subsection is a person who is—(A)a currently licensed mental health care provider who holds a license that is—(i)issued by a State, the District of Columbia, or a territory or possession of the United States; and(ii)recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services; (B)a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and(C)performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).(4)The authority under this subsection shall terminate three years after the date of the enactment of this subsection.(5)In this subsection, the term non-medical counseling services means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning..

533. Primacy of needs of the service in determining individual duty assignments Chapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section: The Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. A servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. Nothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item: 675.Primacy of needs of the service in determining individual duty assignments(a)In generalThe Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services.(b)Assignments based on service needsA servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments.(c)Rule of constructionNothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.. 675. Primacy of needs of the service in determining individual duty assignments..

675. Primacy of needs of the service in determining individual duty assignments The Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. A servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. Nothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.

534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions The Secretary of Defense shall ensure that all promotions, assignments, and other personnel actions of the Armed Forces are based primarily on qualifications, performance, and merit.

535. Requirement to base treatment in the military on merit and performance Congress makes the following findings: The United States Armed Forces is the greatest civil rights program in the history of the world. Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society. Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country. Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans. The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years. For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity is defined as the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified. The Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. No organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in paragraph (1). No organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin. Nothing in this paragraph shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense. All Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.

536. Tiger team for outreach to former members Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a tiger team and referred to in this section as the Tiger Team) responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1552 note) for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section. One of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the Tiger Team Leader) and who shall be accountable for the activities of the Tiger Team under this section. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader. The Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards. In conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include representatives of veterans service organizations and such other stakeholders as the Tiger Team Leader considers appropriate. Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following: A plan setting forth the following: A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization. A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through— obtaining contact information on such individuals; and contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations. A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders. A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A). A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities. The Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph. Not less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph. Not later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following: The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell. The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act. The number of individuals contacted through outreach conducted pursuant to this section. The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge. The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge. On the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team. The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions. In this section, the term Don’t Ask, Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111–321).

537. Diversity, equity, and inclusion personnel grade cap The Secretary concerned may not appoint to, or otherwise employ in, any position with sole duties as described in subsection (b) a military or civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS–10, not adjusted for locality. The duties referred to in subsection (a) are as follows: Developing, refining, and implementing diversity, equity, and inclusion policy. Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes. Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel. Any military or civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.

541. Establishment of staggered terms for members of the Military Justice Review Panel Subsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: Notwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows: Three members designated by the Secretary of Defense shall serve a term of two years. Three members designated by the Secretary of Defense shall serve a term of four years. Three members designated by the Secretary of Defense shall serve a term of six years. Four members designated by the Secretary of Defense shall serve a term of eight years. Subsection (e) of such section is amended to read as follows: Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor. Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— the appointment of the member is to fill a vacancy described in subsection (b)(4); or the member was initially appointed to— a term of four years or less in accordance with subsection (b)(4); or fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less. (4)Establishment of staggered termsNotwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows:(A)Three members designated by the Secretary of Defense shall serve a term of two years.(B)Three members designated by the Secretary of Defense shall serve a term of four years.(C)Three members designated by the Secretary of Defense shall serve a term of six years.(D)Four members designated by the Secretary of Defense shall serve a term of eight years.. (e)Term; vacancies(1)TermSubject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term.(2)VacancyAny vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor.(3)Availability of reappointment for certain membersNotwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if—(A)the appointment of the member is to fill a vacancy described in subsection (b)(4); or(B)the member was initially appointed to—(i)a term of four years or less in accordance with subsection (b)(4); or(ii)fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less..

542. Technical and conforming amendments to the Uniform Code of Military Justice Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— by striking he both places it appears and inserting such person; and in the matter following paragraph (4), by striking the period and inserting , unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a).. Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking by the convening authority. Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— in subsection (d)— in paragraph (1), by striking may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members and inserting shall be sentenced by the military judge; and by amending paragraph (2) to read as follows: In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). in subsection (e)— in paragraph (1), by striking him and inserting the member being tried; and in paragraph (2)— in the first sentence, by striking his opinion and inserting the opinion of the convening authority; and in the second sentence, by striking he and inserting the member; and in subsection (f)— by striking his authority and inserting the authority of the convening authority; and by striking his staff judge advocate or legal officer and inserting the staff judge advocate or legal officer of the convening authority. Section 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is amended by adding at the end the following new subsection: A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81). A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82). An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80). If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur. Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 801 note; Public Law 117–81) is amended by striking and shall and inserting and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall. Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— in the matter preceding paragraph (1), by striking Any person and inserting (a) In general.—Any person; in subsection (a), as designated by paragraph (1) of this section, by inserting a dating partner, after an intimate partner, each place it appears; and by adding at the end the following new subsection: In this section (article), the terms dating partner, immediate family, and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice). Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— in subsection (a), by striking or to his or her intimate partner each place it appears and inserting to his or her intimate partner, or to his or her dating partner; and in subsection (b)— by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and by inserting after paragraph (2) the following new paragraph: The term dating partner, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— the length of the relationship; the type of relationship; the frequency of interaction between the persons involved in the relationship; and the extent of physical intimacy or sexual contact between the persons involved in the relationship. The amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note). (2)In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).; (d)Special trial counsel authority over certain other offenses(1)Offenses occurring before effective dateA special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:(A)An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.(B)An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.(C)An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.(D)A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).(E)A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).(F)An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).(2)Effect of exercise of authority(A)Treatment as covered offenseIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter.(B)Known or related offensesIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.. (b)DefinitionsIn this section (article), the terms dating partner, immediate family, and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice).. (3)The term dating partner, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of—(A)the length of the relationship;(B)the type of relationship;(C)the frequency of interaction between the persons involved in the relationship; and(D)the extent of physical intimacy or sexual contact between the persons involved in the relationship..

551. Future servicemember preparatory course If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits. Each course established under this section shall comply with the following requirements: All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is at or above the twentieth percentile and below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score that exceeds the thirty-first percentile of the Armed Forces Qualification Test. Any enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned.

552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships Section 2603(b) of title 10, United States Code, is amended by striking at least three times the length of the period of the education or training. and inserting determined by the Secretary concerned. Notwithstanding sections 2004(c), 2004a(f), and 2004b(e) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned..

553. Military service academy professional sports pathway report and legislative proposal required Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements: A legislative proposal that would— update and clarify the legislative framework related to the ability of military service academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and retain the existing requirement that all military service academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete. A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1). Not later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information: The name, military service, and sport of each military service graduate released or deferred from active service in order to participate in professional sports. A description of the sports career progress of each participant, such as drafted, signed, released, or returned to military service. A summary by participant of marketing strategy and recruiting related activities conducted. A description by participant of the assessments conducted by the military services to determine the recruiting value associated with approved releases from active duty. The current status of each participant, including, as appropriate, affiliated franchise.

554. Community college Enlisted Training Corps demonstration program Not later than August 1, 2025, the Secretary concerned shall establish within each military department an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and preparing selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. Demonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code. To be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located. The Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code. The Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment. The Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following: An introduction to the benefits of military service. Military history. Military customs and courtesies. Physical fitness requirements. Instruction on ethical behavior and decisionmaking. Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section. The requirements of this provision shall sunset on September 30, 2030.

555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense Section 529 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2001 note prec.) is amended— in subsection (a), by striking may carry out a program and inserting shall carry out a program; by redesignating subsection (e) as subsection (f); by inserting after subsection (d) the following new subsection: The Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a). in subsection (f), as redesignated by paragraph (2)— by striking one year after the date of the establishment of the program authorized by subsection (a) and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024; by striking report on the program and inserting report on the Language Training Center program; by redesignating paragraph (4) as paragraph (5); by inserting after paragraph (3) the following new paragraph: An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027. in paragraph (5), as redesignated by subparagraph (C), by striking A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program and inserting Recommendations as to any modifications to the Language Training Center program. (e)Contract authorityThe Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a).; and (4)An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027.; and

556. Limitation on availability of funds for relocation of Army CID special agent training course None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Army to relocate an Army CID special agent training course may be obligated or expended until— the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a separate report on any plans of the Secretary to relocate an Army CID special agent training course, including an explanation of the business case for any transfer of training personnel proposed as part of such plan; and the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1). In this section: The term relocate, when used with respect to an Army CID special agent training course, means the transfer of such course to a location different than the location used for such course as of the date of the enactment of this Act. The term Army CID special agent training course means a training course provided to members of the Army to prepare such members for service as special agents in the Army Criminal Investigation Division.

557. Army Physical Fitness Test The physical fitness test of record for the United States Army in compliance with Department of Defense Instruction 1308.03, or any successor regulation, is the Army Physical Fitness Test according to the grading and evaluation scale as it existed on January 1, 2020. This test shall be the baseline test of physical fitness for members of the Army and administered at least annually, except when operational requirements or contingency operations would make such test administration impracticable. Notwithstanding subsection (a), the Army may update, replace, or modify the events and scoring standards in the Army Physical Fitness Test as the needs of the Army require after a robust pilot and testing period of at least 24 months. Such modifications shall not take effect until the date that is one year after the Secretary of the Army has provided a briefing on the planned changes to the Committees on Armed Services of the Senate and the House of Representatives. Nothing in this section prohibits the Army from using the Army Combat Fitness Test, or any other physical assessment the Army may develop, as a supplemental tool to assess physical fitness for all or parts of the force. Army Commanders may also require higher standards than the Army-wide grading scale for promotions, awards, schools and similar actions. Such supplemental assessment shall not constitute the baseline physical fitness assessment of record for the Army unless it is incorporated into the Army Physical Fitness Test using the procedure described in subsection (b).

558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities 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 (c)— by striking out the form to indicate an email address and inserting the following: “out the form to indicate— an email address; and by adding at the end the following new paragraph: if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a). by amending subsection (d) to read as follows: Information on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal. (1)an email address; and; and (2)if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a).; and (d)Opt-out of information sharingInformation on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal..

559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps Not later than January 1, 2025, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the Program). The Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. The objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders. Under the Program, the Secretary of Defense shall— identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program; coordinate with partner countries to evaluate interest in and promote awareness of the Program; establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that— have specialized academic programs in areas of study of interest to participating countries; or have high participation from or significant diaspora populations from participating countries. Not later than September 30, 2024, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy for the implementation of the Program. The strategy required by paragraph (1) shall include the following elements: A governance structure for the Program, including— the officials tasked to oversee the Program; the format of the governing body of the Program; the functions and duties of such governing body with respect to establishing and maintaining the Program; and mechanisms for coordinating with partner countries whose students are selected to participate in the Program. A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners. A description of opportunities and potential timelines for future Program expansion, as appropriate. A description of the mechanism for tracking the alumni network of participants of the Program. Any other information the Secretary of Defense considers appropriate. Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the Program. Each report required by paragraph (1) shall include the following elements: A narrative summary of activities conducted as part of the Program during the preceding fiscal year. An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program. A description of opportunities and potential timelines for future Program expansion, as appropriate. Any other information the Secretary of Defense considers appropriate. The Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program. The Program shall terminate on December 31, 2029.

560. Consideration of standardized test scores in military service academy application process The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the their application processes.

561. Pilot program on recruitment and retention of employees for child development programs The Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees. If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage in keeping with market conditions. If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than five military installations for purposes of carrying out the pilot program. In selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs— with a shortage of qualified employees; or subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity. The Secretary may prescribe such regulations as are necessary to carry out this section. If the Secretary implements the pilot program authorized by subsection (a), the pilot program shall— commence on the date on which the Secretary prescribes regulations under subsection (d); and terminate on the date that is 3 years after the date described in paragraph (1). If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on— the military installations selected under subsection (c) for purposes of carrying out the pilot program; and the data that informed those selections. If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including— data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and any recommendations with respect to increases in compensation for employees of child development programs across the Department of Defense as a result of the pilot program. In this section, the term child development program means a program to provide child care services for children, between birth through 12 years of age, of members of the Armed Forces and civilian employees of the Department of Defense.

563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations Section 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (20 U.S.C. 7703d) is amended— in subsection (a)— by striking year, the local educational agency and all that follows through (as determined and inserting year, the local educational agency had (as determined; by striking paragraph (2); by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and in paragraph (2), as redesignated by subparagraph (C), by striking ; or and inserting a period; in subsection (f)— by striking The Secretary of Defense and inserting the following: The Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, by adding at the end the following: The Director shall make disbursements under paragraph (1) using existing authorities of the Office. by striking subsection (h); and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. Not later than March 1, 2024, the Director of the Office of Local Defense Community Cooperation shall brief the Committees of the Armed Services of the Senate and the House of Representatives on— any additional authorities that would be helpful to the Office in its efforts to better support local educational agencies; and any actions taken to implement the recommendations outlined in the March 2008 report entitled Update to the Report on Assistance to Local Educational Agencies for Defense Dependents Education and required by section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2227) (as in effect on the date of the enactment of that Act). (1)In generalThe Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation,; and (2)Method of disbursementThe Director shall make disbursements under paragraph (1) using existing authorities of the Office.;

564. Assistance for military spouses to obtain doula certifications Section 1784a of title 10, United States Code, is amended by adding at the end the following new subsection: In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) in obtaining a doula certification provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note). (f)Doula certificationsIn carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) in obtaining a doula certification provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note)..

571. Expansion of Junior Reserve Officers’ Training Corps Section 2031 of title 10, United States Code, is amended— in subsection (a)(1)— by striking The President shall promulgate and inserting The Secretary of Defense shall promulgate; and by striking maintained, and shall provide and all that follows through the period at the end and inserting maintained.; and by adding at the end the following new subsection: The Secretary of Defense shall establish and support not less than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps. The requirement under paragraph (1) shall not apply— if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere. (g)(1)The Secretary of Defense shall establish and support not less than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps.(2)The requirement under paragraph (1) shall not apply—(A)if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and(B)during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere..

572. JROTC program certification Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: The Secretary of Defense may suspend or place on probation a Junior Reserve Officers’ Training Corps unit that fails to comply with provisions of the standardized memorandum of understanding required pursuant to subsection (b). Not later than one year after the date of the enactment of this subsection, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report including information on units suspended or placed on probation pursuant to this subsection and a justification for the reinstatement of any such unit. A unit may be placed on probation for a period of up to three years for failing to comply with the provisions of the standardized memorandum of understanding or any other requirement in this section. A unit may be suspended if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section, and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants. (i)(1)The Secretary of Defense may suspend or place on probation a Junior Reserve Officers’ Training Corps unit that fails to comply with provisions of the standardized memorandum of understanding required pursuant to subsection (b).(2)Not later than one year after the date of the enactment of this subsection, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report including information on units suspended or placed on probation pursuant to this subsection and a justification for the reinstatement of any such unit.(3)A unit may be placed on probation for a period of up to three years for failing to comply with the provisions of the standardized memorandum of understanding or any other requirement in this section. A unit may be suspended if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section, and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants..

573. Memorandum of understanding required Section 2031(b) of title 10, United States Code, is amended— by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); by inserting (1) after (b); in subparagraph (A), as redesignated by paragraph (1)— by striking (A) and inserting (i); and by striking (B) and inserting (ii); by amending subparagraph (E), as so redesignated, to read as follows: the unit meets such other requirements as the Secretary of the military department concerned proscribes in the memorandum of understanding required under this subsection.; and by adding at the end the following new paragraph: The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters: A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations; Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned. Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years. Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. A requirement that each institution certifies it— has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the institution; has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually; has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and agrees to provide the data necessary to compile the report required under subsection (j). (2)The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters:(A)A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations;(B)Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned.(C)Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years.(D)Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate.(E)A requirement that each institution certifies it—(i)has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the institution;(ii)has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution;(iii)has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment;(iv)agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually;(v)has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and(vi)agrees to provide the data necessary to compile the report required under subsection (j)..

574. Junior Reserve Officers’ Training Corps instructor compensation Section 2031 of title 10, United States Code, is amended— by amending subsection (d) to read as follows: Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program— retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment; officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment. Employment under this subsection shall be subject to the following conditions: The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale (JSIPS) amount paid to the member by the institution for any period. The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)— the institution is in an educationally and economically deprived area; and the Secretary determines that such action is in the national interest. Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR). by striking subsections (e) and (f); and by redesignating subsections (g) and (h) as subsections (e) and (f), respectively. (d)(1)Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program—(A)retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment;(B)officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or(C)officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment.(2)Employment under this subsection shall be subject to the following conditions:(A)The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale (JSIPS) amount paid to the member by the institution for any period.(B)The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)—(i)the institution is in an educationally and economically deprived area; and(ii)the Secretary determines that such action is in the national interest.(C)Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.(D)The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR).;

575. Annual report on allegations of sexual misconduct in JROTC programs Section 2031 of title 10, United States Code, as amended by section 572 of this Act, is further amended by adding at the end the following new subsection: Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year. Each report required under paragraph (1) shall set forth the following: The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated JROTC programs, including— the number of such reported allegations that were investigated; the outcome of those investigations; and the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. The number of reports that the Department of Defense or military services have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in the JROTC program, including— the offense involved; the military service involved; the number of instructors and number of allegations they each received; the number of reports of sexual misconduct and harassment that have been investigated; the number of reports or investigations that have led to the removal of instructors from JROTC programs; and the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in JROTC programs during the preceding year. Each report required under paragraph (1) shall be submitted in unclassified form and may not be marked as controlled unclassified information. The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance. The Secretary may seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. (j)(1)Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year.(2)Each report required under paragraph (1) shall set forth the following:(A)The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated JROTC programs, including—(i)the number of such reported allegations that were investigated;(ii)the outcome of those investigations; and(iii)the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.(B)The number of reports that the Department of Defense or military services have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in the JROTC program, including—(i)the offense involved;(ii)the military service involved;(iii)the number of instructors and number of allegations they each received;(iv)the number of reports of sexual misconduct and harassment that have been investigated;(v)the number of reports or investigations that have led to the removal of instructors from JROTC programs; and(vi)the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.(C)Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in JROTC programs during the preceding year.(3)Each report required under paragraph (1) shall be submitted in unclassified form and may not be marked as controlled unclassified information.(4)The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance.(5)The Secretary may seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.(6)No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection..

576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program 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 appropriate congressional committees a report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. The report required under subsection (a) shall include a description of the following: The implementation of section 2031 of title 10, United States Code, as amended by sections 572, 573, and 575 of this Act. The adequacy of the Department of Defense’s vetting process for Junior Reserve Officers’ Training Corps instructors. The Department of Defense and the Department of Education’s oversight of compliance of units with respect to title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). Any changes in the numbers of sexual harassment, assault, or stalking incidents reported to institutions or law enforcement agencies. The sufficiency of military department unit inspections. In this section, the term appropriate congressional committeesmeans the Committee on Armed Services of the Senate and the House of Representatives.

581. Extension of deadline for review of World War I valor medals Section 584(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 7271 note) is amended by striking six years after the date of the enactment of this Act and inserting December 31, 2028.

582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: Except as provided by subsection (b), a covered individual may not occupy a covered post-service position. The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and the Secretary determines that the waiver is necessary to advance the national security interests of the United States. A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. A notification required by subparagraph (A) shall include the following: With respect to a waiver issued to a covered individual— the details of the application, including the position held by the individual in the armed forces; the nature of the post-service position of the individual; a description of the national security interests that will be advanced by reason of issuing such a waiver; and the specific reasons why the Secretary determines that issuing the waiver will advance such interests. With respect to a revocation of a waiver issued to a covered individual— the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and the specific reasons why the Secretary determined that the revocation is warranted. In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— informed in writing of the prohibition, and the penalties for violations of the prohibition; and is required to certify that the member understands the prohibition and those penalties. In the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and revoke any security clearance of the individual. Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. Each report required by paragraph (1) shall include the following: The number of former covered individuals who occupy a covered post-service position, broken down by— the name of the employer; the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and the nature of the services provided as part of the covered post-service employment. An assessment by the Secretary of whether— the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; all covered individuals who occupy a covered post-service position are in compliance with this section; the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. A notification required by paragraph (1) shall include the following: The name of the covered individual. The name of the employer. The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. As applicable, a description of the risk to national security and the activities that may violate Federal law. Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. In this section: The term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. The term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— the government of— a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). The term covered post-service position means a position of employment described in paragraph (2). The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item: Section 908 of title 37, United States Code, is amended by adding at the end the following new subsection: For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10. 989.Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments(a)In generalExcept as provided by subsection (b), a covered individual may not occupy a covered post-service position.(b)Temporary waiver(1)In generalThe Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if—(A)the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and(B)the Secretary determines that the waiver is necessary to advance the national security interests of the United States.(2)Period of waiverA waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver.(3)RevocationThe Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security.(4)Notification(A)In generalNot later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B)ElementsA notification required by subparagraph (A) shall include the following:(i)With respect to a waiver issued to a covered individual—(I)the details of the application, including the position held by the individual in the armed forces;(II)the nature of the post-service position of the individual;(III)a description of the national security interests that will be advanced by reason of issuing such a waiver; and(IV)the specific reasons why the Secretary determines that issuing the waiver will advance such interests.(ii)With respect to a revocation of a waiver issued to a covered individual—(I)the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and(II)the specific reasons why the Secretary determined that the revocation is warranted.(c)Certification of prohibitionIn implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces—(1)informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2)is required to certify that the member understands the prohibition and those penalties.(d)PenaltiesIn the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable—(1)withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and(2)revoke any security clearance of the individual.(e)Annual reports(1)RequirementNot later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report.(2)ElementsEach report required by paragraph (1) shall include the following:(A)The number of former covered individuals who occupy a covered post-service position, broken down by—(i)the name of the employer;(ii)the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and(iii)the nature of the services provided as part of the covered post-service employment.(B)An assessment by the Secretary of whether—(i)the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments;(ii)all covered individuals who occupy a covered post-service position are in compliance with this section;(iii)the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and(iv)there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law.(3)Form of reportEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.(f)Notifications of determinations of certain threats(1)RequirementIn addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2)ElementsA notification required by paragraph (1) shall include the following:(A)The name of the covered individual.(B)The name of the employer.(C)The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.(D)As applicable, a description of the risk to national security and the activities that may violate Federal law.(g)Rule of constructionNothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18.(h)DefinitionsIn this section:(1)Covered individualThe term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces.(2)Covered post-service employmentThe term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to—(A)the government of—(i)a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or (ii)a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or(B)any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A).(3)Covered post-service positionThe term covered post-service position means a position of employment described in paragraph (2).. 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments.. (f)Prohibition on former members of armed forces accepting employment with certain foreign governmentsFor a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10..

989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments Except as provided by subsection (b), a covered individual may not occupy a covered post-service position. The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and the Secretary determines that the waiver is necessary to advance the national security interests of the United States. A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. A notification required by subparagraph (A) shall include the following: With respect to a waiver issued to a covered individual— the details of the application, including the position held by the individual in the armed forces; the nature of the post-service position of the individual; a description of the national security interests that will be advanced by reason of issuing such a waiver; and the specific reasons why the Secretary determines that issuing the waiver will advance such interests. With respect to a revocation of a waiver issued to a covered individual— the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and the specific reasons why the Secretary determined that the revocation is warranted. In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— informed in writing of the prohibition, and the penalties for violations of the prohibition; and is required to certify that the member understands the prohibition and those penalties. In the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and revoke any security clearance of the individual. Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. Each report required by paragraph (1) shall include the following: The number of former covered individuals who occupy a covered post-service position, broken down by— the name of the employer; the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and the nature of the services provided as part of the covered post-service employment. An assessment by the Secretary of whether— the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; all covered individuals who occupy a covered post-service position are in compliance with this section; the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. A notification required by paragraph (1) shall include the following: The name of the covered individual. The name of the employer. The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. As applicable, a description of the risk to national security and the activities that may violate Federal law. Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. In this section: The term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. The term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— the government of— a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). The term covered post-service position means a position of employment described in paragraph (2).

583. Prohibition on requiring listing of gender or pronouns in official correspondence The Department of Defense is prohibited from requiring members of the Armed Forces or civilian employees of the Department of Defense to list their gender or pronouns in official correspondence, whether such correspondence is written or electronic.

591. Short title This subtitle may be cited as the Military Service Promotion Act of 2023.

592. Increased access to potential recruits at secondary schools Section 503(c) of title 10, United States Code, is amended— in paragraph (1)— in subparagraph (A)— in clause (i), by striking ; and and inserting a semicolon; by redesignating clause (ii) as clause (iii); by inserting after clause (i) the following new clause: shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and in clause (iii), as redesignated by subparagraph (B), by inserting , not later than 60 days after receiving such request, after provide; and in subparagraph (B), by striking subparagraph (A)(ii) and inserting subparagraph (A)(iii); by redesignating paragraph (6) as paragraph (7); and by inserting after paragraph (5) the following new paragraph: The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3). (ii)shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and; and (6)The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3)..

593. Increased access to potential recruits at institutions of higher education Section 983(b) of title 10, United States Code, is amended— in paragraph (1), by striking ; or and inserting a semicolon; in paragraph (2)— by striking to the following information pertaining and inserting , with respect; by striking institution): and inserting institution)—; in subparagraph (A)— by striking Names and inserting names; and by striking telephone listings. and inserting telephone listings, which information shall be made available not later than the 60th day following the date of a request; and; and in subparagraph (B), by striking Date and inserting date.

601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation Chapter 3 of title 37, United States Code, is amended by inserting after section 206 the following new section: Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation. The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item: 206a.Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designationUnder regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.. 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation..

206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.

602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services Section 403(b)(5) of title 37, United States Code, is amended, in the second sentence, by striking and shall be based on the following: and all that follows through determined in subparagraph (A).

603. Basic allowance for housing for members assigned to vessels undergoing maintenance Section 403(f)(2) of title 37, United States Code, is amended— in subparagraph (A), by striking subparagraphs (B) and (C) and inserting subparagraphs (B), (C), and (D); and by adding at the end the following new subparagraph: Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period. In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members. (D)(i)Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period. (ii)In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members..

604. Dual basic allowance for housing for training for certain members of reserve components Section 403(g)(3) of title 37, United States Code, is amended— by striking Paragraphs and inserting (A) Except as provided by subparagraph (B), paragraphs; and by adding at the end the following new subparagraph: Paragraphs (1) and (2) shall apply with respect to a member of a reserve component without dependents who is called or ordered to active duty to attend training for a period of 140 days or more but fewer than 365 days and for whom transportation of household goods is authorized under section 453(c) of this title as part of the call or order to active duty. (B)Paragraphs (1) and (2) shall apply with respect to a member of a reserve component without dependents who is called or ordered to active duty to attend training for a period of 140 days or more but fewer than 365 days and for whom transportation of household goods is authorized under section 453(c) of this title as part of the call or order to active duty..

605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need Section 402b(k)(1)(B) of title 37, United States Code, is amended by inserting or that otherwise has a demonstrated need after high cost of living. The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a).

606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses Section 453(g)(1) of title 37, United States Code, is amended— in subparagraph (A)— by striking member is reassigned and inserting the following: “member is— reassigned by striking ; and and inserting ; or; and by adding at the end the following new clause: transferred from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; and in subparagraph (B), by inserting or transfer after reassignment. (i)reassigned; (ii)transferred from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; and; and

607. Cost-of-living allowance in the continental United States: high cost areas Section 403b(c) of title 37, United States Code, is amended— in the second sentence, by striking 8 percent and inserting 5 percent; and in the third sentence, by striking shall prescribe and inserting may prescribe.

608. OCONUS cost-of-living allowance: adjustments Section 617 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in the section heading, by striking ; notice to certain congressional committees; and by striking subsections (a), (b), and (c) and inserting the following: Subject to subsections (b) and (c), the Secretary of Defense may announce reductions in the cost-of-living allowance for a member of the uniformed services assigned to a duty station located outside the continental United States— not more than two times per year; or in connection with a permanent change of station for such member. The Secretary may not make a reduction under subsection (a) in the allowance described in that subsection by an amount that exceeds 10 percent of the amount of the allowance before the reduction. The limitations under subsections (a) and (b) shall not apply to reductions in the allowance described in subsection (a) relating to changes in foreign currency exchange rates. The Secretary may phase in the reductions described in subsection (a). The Secretary may increase the allowance described in subsection (a) for a member of the uniformed services at any time. (a)In generalSubject to subsections (b) and (c), the Secretary of Defense may announce reductions in the cost-of-living allowance for a member of the uniformed services assigned to a duty station located outside the continental United States—(1)not more than two times per year; or(2)in connection with a permanent change of station for such member.(b)Limitation on size of reductionsThe Secretary may not make a reduction under subsection (a) in the allowance described in that subsection by an amount that exceeds 10 percent of the amount of the allowance before the reduction. (c)Treatment of reductions relating to foreign currency exchange ratesThe limitations under subsections (a) and (b) shall not apply to reductions in the allowance described in subsection (a) relating to changes in foreign currency exchange rates.(d)Implementation of reductionsThe Secretary may phase in the reductions described in subsection (a).(e)IncreasesThe Secretary may increase the allowance described in subsection (a) for a member of the uniformed services at any time..

609. Extension of one-time uniform allowance for officers who transfer to the Space Force Section 606(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 37 U.S.C. 416 note) is amended by striking September 30, 2023 and inserting September 30, 2025.

610. Review of rates of military basic pay The Secretary of Defense shall conduct a review of the rates of monthly basic pay authorized for members of the uniformed services to determine if the current basic pay table adequately compensates junior enlisted personnel in pay grades E–1 through E–4. In conducting the review required by subsection (a), the Secretary shall conduct the following: An assessment of the adequacy of the rates of monthly basic pay for members of the uniformed services in light of current and predicted recruiting difficulties. An analysis of how such basic pay, when combined with other elements of regular compensation for members of the uniformed services, compares with private sector wages for potential recruits to the uniformed services. An assessment of how sustained periods of cost inflation affect pay for the uniformed services and comparable private sector wages. An historical analysis of how percentage differences between junior enlisted basic pay, senior enlisted basic pay, junior officer basic pay, and senior officer basic pay, have changed since the rates of basic pay for members of the uniformed services were authorized by section 601 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note). Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— a report on the results of the review required by subsection (a); and a comprehensive legislative proposal for the rates of basic pay for members of the uniformed services.

611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations The Comptroller General of the United States shall conduct a study on the process for determining cost-of-living allowances for members of the uniformed services stationed in the continental United States, Hawaii, Alaska, and at overseas locations. In conducting the study required by subsection (a), the Comptroller General shall assess— the fairness and equity of the process for determining cost-of-living allowances described in subsection (a) and methods for improving that process; the advantages and disadvantages of averaging the results of continental United States Living Pattern Surveys and Retail Price Schedules without regard to the geographic concentration of members of the uniformed services within the continental United States when determining the baseline cost of living for the continental United States; if additional out-of-pocket expenses, including the costs for a member of the uniformed services to travel to and from the home of record of the member from the assigned duty station of the member, should be included in the calculations of the Department of Defense for determining overseas cost-of-living allowances to better equalize the true costs of living for members stationed outside the continental United States with such costs for members stationed inside the continental United States; and the process by which the Department of Defense conducts Living Pattern Surveys and develops Retail Price Schedules. Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— setting forth the results of the study required by subsection (a); and making any recommendations the Comptroller General considers appropriate based on those results, including any recommendations for changes to section 403b or 405 of title 37, United States Code.

621. Modification of special and incentive pay authorities for members of reserve components Section 357 of title 37, United States Code, is amended— by striking incentive pay and inserting special or incentive pay; and by striking the period at the end and inserting the following: “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed. The section heading for section 357 of title 37, United States Code, is amended by striking Incentive and inserting Special and incentive. The table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item: Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is amended— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the right; by striking The Secretary may and inserting the following: The Secretary shall in subparagraph (A), as redesignated by paragraph (1), by striking subsection (b) and inserting subsection (c); and by adding at the end the following new paragraph: In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay. (1)maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or (2)compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.. 357. Special and incentive pay authorities for members of the reserve components of the armed forces.. (1)In generalThe Secretary shall; (2)Evaluation of types of special and incentive payIn making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay..

622. Expansion of continuation pay eligibility Section 356 of title 37, United States Code, is amended— in the section heading, by striking 8 and inserting 7; and in subsections (a)(1) and (d), by striking 8 and inserting 7. The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item: 356. Continuation pay: full TSP members with 7 to 12 years of service..

623. 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, 2023 and inserting December 31, 2024. The following sections of title 10, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024: 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, 2023 and inserting December 31, 2024. The following sections of title 37, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024: 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 temporary increases in rates of basic allowance for areas covered by a major disaster declaration or containing an installation experiencing a sudden influx of military personnel, by striking December 31, 2023 and inserting December 31, 2024; and in paragraph (8)(C), relating to temporary adjustments in rates of basic allowance for housing for localities where actual housing costs differ from current rates of basic allowance for housing by more than 20 percent, by striking September 30, 2023 and inserting December 31, 2024.

624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force The Secretary of the Air Force shall— evaluate the Remote and Austere Condition Assignment Incentive Pay program of the Army; and not later than October 1, 2025, establish a similar program for the Air Force, unless the Secretary can certify to Congress that there are no critically manned units at any Air Force installation in Alaska.

631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services Section 908 of title 37, United States Code, is amended— in subsection (b)— by striking A person and inserting (1) A person; by inserting after determining that such approval is not contrary to the national interests of the United States after approve the employment; and by adding at the end the following new paragraph: The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position. in subsection (d)— in paragraph (2)— in the matter preceding subparagraph (A), by striking an officer and inserting a person; and by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award. The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served. Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served. by adding at the end the following new paragraph: Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website. (2)The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.; and (B)A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award.(C)The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served.(D)Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.; and (3)Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website..

632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities Section 908(a) of title 37, United States Code, is amended— by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; by striking Subject to and inserting the following: Subject to in subparagraph (C), as redesignated, by striking Commissioned Reserve Corps and inserting Ready Reserve Corps; and by adding at the end the following new paragraph: The acceptance by a person described in subparagraph (B) of employment (and compensation related to that employment) or payments or awards for work performed for a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment (and compensation related to that employment) and payments and awards described in paragraph (1). A person described in this subparagraph is— a retired member of the Army, Navy, Air Force, Marine Corps, or Space Force; or a member of a reserve component of an armed force specified in clause (i), except a member serving on active duty under a call or order to active duty for a period in excess of 30 days. (1)In generalSubject to; (2)Application to private entities(A)In generalThe acceptance by a person described in subparagraph (B) of employment (and compensation related to that employment) or payments or awards for work performed for a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment (and compensation related to that employment) and payments and awards described in paragraph (1).(B)Persons describedA person described in this subparagraph is—(i)a retired member of the Army, Navy, Air Force, Marine Corps, or Space Force; or (ii)a member of a reserve component of an armed force specified in clause (i), except a member serving on active duty under a call or order to active duty for a period in excess of 30 days..

701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve Section 1076d(c) of title 10, United States Code, is amended by striking six months and inserting three years. The amendment made by subsection (a) shall take effect on October 1, 2025.

702. Authority to provide dental care for dependents located at certain remote or isolated locations Section 1077(c) of title 10, United States Code, is amended— in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and by adding at the end the following new paragraph: Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that— civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and adequate resources exist to provide space available dental care to the dependents at the facility. Care under subparagraph (A) shall be provided on a reimbursable basis. (3)(A)Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that—(i)civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and(ii)adequate resources exist to provide space available dental care to the dependents at the facility.(B)Care under subparagraph (A) shall be provided on a reimbursable basis..

703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents Section 1074d of title 10, United States Code, is amended— in subsection (a)(2)— by striking entitled to preventive and inserting “entitled to— preventive in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4). by adding at the end the following new subsection: Services relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following: Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 (42 U.S.C. 263a–7(1)), excluding in vitro fertilization). The provision of artificial insemination, including intrauterine insemination, without regard to coital conception. Section 1077(a) of such title is amended by adding at the end the following new paragraph: Services relating to infertility, including the services specified in section 1074d(c) of this title, except that the services specified in such section may be provided only to a dependent of a member of the uniformed services (excluding any dependent of a former member of the uniformed services). Section 1086 of such title is amended— in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (j); and by adding at the end the following new subsection: A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) of this title for former members of the uniformed services or dependents of former members of the uniformed services. The amendments made by this section shall apply to services provided on or after January 1, 2025. Nothing in this section or the amendments made by this section shall be construed provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services. (A)preventive; (B)for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4).; and (c)Infertility services included for members of the uniformed servicesServices relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following:(1)Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 (42 U.S.C. 263a–7(1)), excluding in vitro fertilization).(2)The provision of artificial insemination, including intrauterine insemination, without regard to coital conception.. (19)Services relating to infertility, including the services specified in section 1074d(c) of this title, except that the services specified in such section may be provided only to a dependent of a member of the uniformed services (excluding any dependent of a former member of the uniformed services).. (j)A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) of this title for former members of the uniformed services or dependents of former members of the uniformed services..

704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: The Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. The Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— provide health care to members of the armed forces; provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; provide health care, support, and other benefits to family members of members of the armed forces; and provide health care under the TRICARE program. Each organization, university, or institution that participates in a partnership under the program under subsection (a) shall— carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; use evidence-based and evidence-informed treatment strategies in carrying out such programs; share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1). The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 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 program under section 1074p of title 10, United States Code, as added by subsection (a), which shall include a description of the program and such other matters on the program as the Secretary considers appropriate. Not later than two years after commencement of implementation of the program under section 1074p of title 10, United States Code, as added by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program, which shall include the following: A description of the program, including the partnerships under the program as described in subsection (b) of such section, as so added. An assessment of the effectiveness of the program and the activities under the program. Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the program. Section 702 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1092 note) is repealed. The table of contents at the beginning of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking the item relating to section 702. 1074p.Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma(a)In generalThe Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.(b)Discharge through partnershipsThe Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that—(1)provide health care to members of the armed forces;(2)provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;(3)provide health care, support, and other benefits to family members of members of the armed forces; and(4)provide health care under the TRICARE program.(c)Program activitiesEach organization, university, or institution that participates in a partnership under the program under subsection (a) shall—(1)carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;(2)use evidence-based and evidence-informed treatment strategies in carrying out such programs;(3)share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and(4)annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).. 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma..

1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma The Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. The Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— provide health care to members of the armed forces; provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; provide health care, support, and other benefits to family members of members of the armed forces; and provide health care under the TRICARE program. Each organization, university, or institution that participates in a partnership under the program under subsection (a) shall— carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; use evidence-based and evidence-informed treatment strategies in carrying out such programs; share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).

705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program Section 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries: Beneficiaries in the active-duty family member category. Beneficiaries covered by section 1110b of this title. This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. Section 1075a(a) of such title is amended by adding at the end the following new paragraph: Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title). This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. (4)(A)Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries:(i)Beneficiaries in the active-duty family member category.(ii)Beneficiaries covered by section 1110b of this title.(B)This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.. (4)(A)Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title).(B)This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024..

706. Expansion of doula care furnished by Department of Defense Section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note) is amended— by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and by inserting after subsection (d) the following new subsection (e): Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary shall ensure that the demonstration project includes coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— by members of the Armed Forces on active duty; by beneficiaries outside the continental United States; and at military medical treatment facilities. The hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility. (e)Coverage of doula careNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary shall ensure that the demonstration project includes coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access—(1)by members of the Armed Forces on active duty;(2)by beneficiaries outside the continental United States; and (3)at military medical treatment facilities..

712. Financial relief for civilians treated in military medical treatment facilities The Secretary of Defense shall issue an interim final rule to implement as soon as possible after the date of the enactment of this Act section 1079b of title 10, United States Code. Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the interim final rule required under subsection (a) is in effect. Paragraph (1) does not apply to— claims to third-party payers; or administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.

713. Department of Defense Overdose Data Act of 2023 This section may be cited as the Department of Defense Overdose Data Act of 2023. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of annual overdoses among servicemembers. The report required by paragraph (1) shall include the following: The total number of servicemembers who suffered a fatal or nonfatal overdose during the previous calendar year, including— demographic information, including gender, race, age, military department, military rank, pay grade, and station; the location of the fatal overdose, including whether the overdose was on a military base; and a list of the substances involved in the fatal overdose. Of the servicemembers identified in subparagraph (A)— the number of servicemembers who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider; the number of servicemembers with comorbid mental health diagnoses; the number of servicemembers who had been prescribed opioids, benzodiazepines, or stimulants; the number of servicemembers who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose; the number of servicemembers who had a positive drug test prior to the fatal overdose, including any substance identified in such test; the number of servicemembers referred to, including by self-referral, or engaged in medical treatment, including medication treatment for opioid use disorder; with respect to each servicemember identified in clause (vi), whether the servicemember was referred after a positive drug test and the source of such referral; and the number of fatal overdoses and intentional overdoses. An analysis of discernable patterns in fatal and nonfatal overdoses of servicemembers. A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States. An assessment of the availability of substance use disorder treatment for servicemembers. The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs. A description of punitive measures taken by the Secretary of Defense in response to substance misuse, substance use disorder, or overdose by servicemembers. Nothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of servicemembers or military family members, including anonymized personal information that could be used to re-identify servicemembers or military family members. In carrying out this subsection, the Secretary of Defense shall take steps to protect the privacy of servicemembers and military family members pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191). Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall establish standards for the distribution of, and training for the use of, naloxone or other medication for overdose reversal, opioid disposal materials, fentanyl test strips, and other materials to prevent or reverse overdoses, substance use disorder, or impacts related to substance misuse. This section shall terminate on the date that is 5 years after the date of the enactment of this Act. In this section: The term appropriate congressional committees means— the Committee on Armed Services of the Senate; and the Committee on Armed Services of the House of Representatives. The term military family member means a family member of a servicemember, including the spouse, parent, dependent, or child of a servicemember, or anyone who has legal responsibility for the child of a servicemember. The term servicemember means— a member of the Armed Forces; or a member of the National Guard.

714. Modification of administration of medical malpractice claims by members of the uniformed services Section 2733a of title 10, United States Code, is amended— in subsection (a), by striking subsection (f) and inserting subsection (j); in subsection (b)(6), by striking subsection (f) and inserting subsection (j); in subsection (d)(1), by striking subsection (f) and inserting subsection (j); by redesignating subsections (f) through (i) as subsections (j) through (m), respectively; and by inserting after subsection (e) the following new subsections: The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician. No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who— is not a member of the uniformed services or a civilian employee of the Department of Defense; and does not have a business, medical, or personal relationship with the claimant. If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based. If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— copies of any written reports prepared by any expert upon which the denial is based; and all records and documents relied upon in preparing such written reports. Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense. The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense. Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs. The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section. The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia. If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used. The cap established under paragraph (1) shall be recalculated not less frequently than once every three years. Not later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). Not later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— the membership of the board; the qualifying background of each member of the board; and a statement indicating the independence of each member of the board from the Department of Defense. (f)Expert medical opinions(1)The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician.(2)No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who—(A)is not a member of the uniformed services or a civilian employee of the Department of Defense; and(B)does not have a business, medical, or personal relationship with the claimant.(3)If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based.(g)Justification of denialIf a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including—(1)copies of any written reports prepared by any expert upon which the denial is based; and(2)all records and documents relied upon in preparing such written reports.(h)Appeals(1)Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense.(2)The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. (3)A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph.(4)In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5)The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense.(6)The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense.(i)Treatment of non-economic damages(1)Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs.(2)(A)The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section.(B)(i)The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia.(ii)If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used.(C)The cap established under paragraph (1) shall be recalculated not less frequently than once every three years..

721. Modification of partnership program between United States and Ukraine for military trauma care and research Section 736 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and by inserting after paragraph (6) the following new paragraph (7): The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including— the exchange of subject matter expertise; training and support relating to advanced clinical skills development; and training and support relating to clinical case management support. (7)The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including—(A)the exchange of subject matter expertise;(B)training and support relating to advanced clinical skills development; and(C)training and support relating to clinical case management support..

722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services Section 2733a of title 10, United States Code, as amended by section 714, is further amended— by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and by inserting after subsection (k) the following new subsection (l): The Secretary of Defense shall disclose to a claimant under this section a copy of all written reports, other than medical quality assurance records (as defined in section 1102(j) of this title), prepared by a medical expert of the Department of Defense or any medical expert consulted by the Department with respect to the claim. Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall include the following: The records and documents considered by the expert. A description of the bases and reasons for the opinion of the expert. The opinion or opinions of the expert regarding standard of care. The opinion or opinions of the expert regarding causation. A description of any disagreement by the expert with any opinion or opinions of the expert of the claimant. Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall not include an identification of the expert. If an expert described in paragraph (1) does not prepare a written report, the Secretary shall disclose the information required under this section to the claimant in writing. (l)Disclosure by Department of Defense(1)The Secretary of Defense shall disclose to a claimant under this section a copy of all written reports, other than medical quality assurance records (as defined in section 1102(j) of this title), prepared by a medical expert of the Department of Defense or any medical expert consulted by the Department with respect to the claim.(2)Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall include the following:(A)The records and documents considered by the expert.(B)A description of the bases and reasons for the opinion of the expert.(C)The opinion or opinions of the expert regarding standard of care.(D)The opinion or opinions of the expert regarding causation.(E)A description of any disagreement by the expert with any opinion or opinions of the expert of the claimant.(3)Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall not include an identification of the expert.(4)If an expert described in paragraph (1) does not prepare a written report, the Secretary shall disclose the information required under this section to the claimant in writing..

723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention The Comptroller General of the United States shall conduct a study on perinatal mental health conditions among members of the Armed Forces and dependents of such members during the five-year period preceding the date of the enactment of this Act. The study required under paragraph (1) shall include the following: An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, who attempted suicide or died by suicide or substance use overdose during the perinatal period. An assessment of members of the Armed Forces discharged from active duty due to a mental health condition within two years after the perinatal period. An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, diagnosed with a perinatal mental health condition who were relocated during the perinatal period. An assessment of the effects of retention and promotion policies of the Department of Defense relating to perinatal mental health conditions on members of the Armed Forces seeking and accessing screening, referral, and treatment. The number of members of the Armed Forces who were separated from the Armed Forces or did not receive a promotion due to a diagnosed perinatal mental health condition. An assessment of whether policies of the Department can be modified to provide clear standards for retention and pathways for promotion of members of the Armed Forces diagnosed with a perinatal mental health condition. An assessment of resources needed to integrate behavioral health specialists into all obstetric care practices, pediatric practices, and women’s clinics. A disaggregated demographic assessment of the population included in the study with respect to race, ethnicity, sex, age, family status (including dual service and single parent families), military occupation, military service, and rank, as applicable. Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a), including— recommendations for actions to be taken by the Secretary of Defense to improve mental health among members of the Armed Forces and dependents of such members during the perinatal period; recommendations for legislative or administrative action to mitigate the effects of retention and promotion policies of the Department of Defense on members of the Armed Forces seeking and accessing mental health care during the perinatal period; and such other recommendations as the Comptroller General determines appropriate. In this section: The terms dependent and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code. The term perinatal mental health condition means a mental health disorder that onsets during the perinatal period. The term perinatal period means the period during pregnancy and the one-year period following childbirth, still birth, or miscarriage.

724. Report on mental and behavioral health services provided by Department of Defense Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that contains the following: The current wait times for members of the Armed Forces, including members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who are enrolled in TRICARE Reserve Select under section 1076d of title 10, United States Code, to receive mental and behavioral health services, disaggregated by State. An assessment of the number of additional mental and behavioral health care providers needed for the Department of Defense to meet established metrics associated with access to mental and behavioral health services. An explanation of the credentialing standards for mental and behavioral health care providers of the Department, including a comparison of those standards to the standards for other Federal and private sector health care providers.

725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents 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 on the activities of the Department of Defense to address the mental health of pregnant and postpartum members of the Armed Forces and dependents of such members. The report required by subsection (a) shall include the following An identification of the military medical treatment facilities at which the Secretary offers members of the Armed Forces and their dependents evidence-based programs during the perinatal period that are proven to prevent perinatal mental health conditions. An assessment of such programs offered at such facilities, including an assessment of— the types of programs; the number and location of programs; the number of members of the Armed Forces and their dependents who have participated in such programs, disaggregated by Armed Force, military occupation, sex, age, race, and ethnicity, when applicable; and whether such programs are delivered in-person or virtually and the frequency of the availability of such programs; The number of behavioral health specialists for pregnant and postpartum members of the Armed Forces and dependents integrated into obstetric care practices, pediatrics, and women’s clinics at military medical treatment facilities. An assessment of the implementation of, or plans to implement, a pilot program to provide a reproductive behavioral health consultation service by the Secretary as outlined in the White House Blueprint for Addressing the Maternal Health Crisis, dated June 2022, including— the number of providers the pilot program has served or plans to serve, disaggregated by provider type, specialty, and location; the number and type of trainings providers received or will receive through the consultation line on evidence-based practices to prevent, screen, refer, and treat perinatal mental health conditions; the locations that have had or will have access to the pilot program; the types of expertise services that the consultation line provides or will provide; and methods currently used or that will be used to promote the availability of the consultation line to providers. Any recommendations for legislative or administrative action to improve prevention, intervention, and treatment of perinatal mental health conditions for members of the Armed Forces and their dependents. In this section: The term dependent has the meaning given that term in section 1072(2) of title 10, United States Code. The term perinatal mental health condition means a mental health disorder that occurs during pregnancy or within one year following childbirth, stillbirth, or miscarriage.

726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces The Secretary of Defense shall conduct a study on— the number of members of the Armed Forces who elect to leave the Armed Forces for family planning reasons, disaggregated by gender, age, and military occupational specialty; whether the option of cryopreservation of gametes would lead to greater retention of members of the Armed Forces; methods for the Department of Defense to offer cryopreservation of gametes for the purposes of retention of members of the Armed Forces; the cost to the Department of offering cryopreservation of gametes to active duty members of the Armed Forces; and such other matters relating to family planning and cryopreservation of gametes for members of the Armed Forces as the Secretary considers relevant. Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study conducted under subsection (a).

802. Modernizing the Department of Defense requirements process Not later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in cooperation with the Secretaries of the military departments and the commanders of the combatant commands, and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined Department of Defense requirements process, to include modernizing the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to delivery of needed capabilities to Department users. The modernization activities conducted under subsection (a) shall include the following elements: Streamlining requirements documents, reviews, and approval processes, especially for programs below the major defense acquisition program threshold described in section 4201 of title 10, United Stated Code. Revisiting requirements management practices from a first principles perspective based on mission outcomes and assessed threats, enabling a more iterative and collaborative approach with the services to shape requirements and technology driven opportunities. Developing a capability needs and requirements framework and pathways that are aligned to the Department’s Adaptive Acquisition Framework pathways, and better aligned and integrated with the Department’s science and technology processes. Enabling the military departments to develop an enduring set of requirements according to a set of capability portfolios to provide a structure across acquisition programs and research, which shall be articulated in a concise model and document with a set of mission impact measures that capability deliveries will seek to continuously improve. Establishing a process to rapidly validate the military utility of commercial solutions to meet capability needs or opportunities in lieu of the traditional program-centric requirements definition. Retiring and replacing the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards. Ensuring that requirements processes for software, artificial intelligence, data, and related capability areas enable a rapid, dynamic, and iterative approach than traditional hardware systems. The implementation of streamlined requirements shall include the following elements: Collaboration with industry, traditional and non-traditional defense companies, and the science and technology community to capture their inputs and feedback on shaping the Department’s requirements processes to ensure it effectively harnesses the innovation ecosystem. Development of a formal career path, training, and structure for requirements management professionals and chief architects. Publication of new policies, guidance, and templates for the operational, requirements, and acquisition workforce in online digital formats instead of large policy documents. Not later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees an interim report on the modernization conducted by the Secretary under subsection (a), including— a description of the modernization efforts; the Department of Defense’s plans to implement, communicate, and continuously improve the modernization of the Department’s requirements processes and structure; and any additional recommendations for legislation that the Secretary determines appropriate. Not later than October 1, 2025, the Secretary of Defense shall submit to the Secretary of Defense and the congressional defense committees a final report describing activities carried out pursuant to subsections (b) and (c).

803. Head of Contracting Authority for Strategic Capabilities Office The Director of the Strategic Capabilities Office shall have the authority to conduct acquisition activities within the Strategic Capabilities Office. – The staff of the Director shall include an acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the Strategic Capabilities Office. The acquisition executive shall have the authority— to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services on behalf of the Office; to supervise the acquisition of equipment, capabilities, and services on behalf of the Office; to represent the Office in discussions with the military departments regarding acquisition programs for which the Office is a customer; and to work with the military departments to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Office is a customer. The acquisition executive of the Strategic Capabilities Office shall be— responsible to the Director for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; subordinate to the defense acquisition executive in matters of acquisition; subject to the same oversight as the service acquisition executives; and included on the distribution list for acquisition directives and instructions of the Department of Defense. The authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following: Summaries of the components to be negotiated in the memoranda of agreement with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subsection (b)(1). Negotiation and approval timelines for memorandum of agreement. A plan for oversight of the acquisition executive established under subsection (b). An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a) until 2028. Other matters as appropriate. Each year, the Under Secretary of Defense for Acquisition and Sustainment shall review and assess the acquisition activities of the Strategic Capabilities Office, including contracting and acquisition documentation, for the previous fiscal year and provide any recommendations or feedback to the acquisition executive of the Strategic Capabilities Office. The authority provided under this section shall terminate on September 30, 2028. The authority under this section does not include major defense acquisition programs, major automated information system programs, or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years.

804. Pilot program for the use of innovative intellectual property strategies As soon as practicable, the Secretary of each military department shall designate one acquisition program within their service and the Under Secretary of Defense for Acquisition and Sustainment shall designate one acquisition program within the Department of Defense Agencies and Field Activities for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system. Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. Upon selection of the programs to be covered by this section and until the termination of this authority, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on the effectiveness of the pilot program in acquiring the data necessary to support timely, cost-effective maintenance and sustainment of the system and any recommendations for the applicability of lessons learned from this pilot program to future acquisition programs. In this section: The terms Department of Defense Agency and Department of Defense Field Activity have the meanings given those terms in section 101 of title 10, United States Code. The term innovative intellectual property strategies includes the following: The use of an escrow account to verify and hold intellectual property data. The use of royalties or licenses. Other innovative strategies to acquire the necessary level of intellectual property and data rights to support the operations, maintenance, installation, and training (OMIT) of the selected program. The authority to initiate a program under this section shall terminate on December 31, 2028.

805. Focused commercial solutions openings opportunities The Secretary of Defense, in coordination with the service acquisition executives of each military department, shall create not less than three new commercial solutions opening (CSO) opportunities pursuant to section 3458 of title 10, United States Code, each fiscal year. Each such CSO opportunities shall be dedicated to addressing the mission needs and integrated priority lists of a single geographic combatant command. In creating the CSO opportunities required under subsection (a), the Secretary of Defense shall— assign the responsibility for issuing a CSO to a single military department, with a program executive officer from that military department assigned as lead; and ensure that any program executive office (PEO) assignment should be made to align the needs of the CSO with a PEO that has similar existing requirements and funding for transitioning technologies within the focus area. The requirement in subsection (a) shall expire on September 30, 2027.

806. Study on reducing barriers to acquisition of commercial products and services The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of— establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code; establishing a requirement for non-commercial determinations to be made for acquisitions to use procedures other than part 12 of the Federal Acquisition Regulation; and mandating use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification of non-commerciality is determined. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including for any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a).

807. Sense of the Senate on independent cost assessment It is the sense of the Senate that— to implement the National Defense Strategy, the Department of Defense requires thoughtful and thorough analysis to ensure efficient and effective use of each taxpayer dollar to inform tradeoff analysis that delivers the optimum portfolio of military capabilities; the Secretary of Defense requires timely, insightful, and unbiased analysis on cost estimation for major defense acquisition programs; and the Office of the Director of Cost Assessment and Program Evaluation supports implementation of the National Defense Strategy by— providing insight into the costs of major defense acquisition programs and other technology development initiatives that enables responsible budgeting and proactive management decisions so that the Department can control cost, drive efficiency, and achieve savings; ensuring that the cost estimation workforce of the Department of Defense is using the most modern and realistic cost estimation methodologies, tools, and tradecraft, including the collection and distribution of data through the Cost Assessment Data Enterprise; and providing timely review and oversight of cost estimates performed by the defense agencies and military departments.

808. Emergency acquisition authority for purposes of replenishing United States stockpiles Section 3601(a)(1) of title 10, United States Code, is amended— in subparagraph (A)(iv), 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: for purposes of— replenishing United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack by a country of concern (as that term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) against— a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or a United States partner; or contracting for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response, (C)for purposes of—(i)replenishing United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack by a country of concern (as that term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) against—(I)a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or(II)a United States partner; or(ii)contracting for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response,provided that the United States is not a party to the hostilities..

812. Extension and revisions to never contract with the enemy Section 841 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4871 note prec.) is amended— by striking the section heading and inserting Threat mitigation in commercial support to operations; in subsection (a)— by striking the subsection heading and inserting Program established; by striking and in consultation with the Secretary of State and all that follows through the period at the end and inserting and the Secretary of State, establish a program to enable combatant commanders to identify and manage risks introduced by covered persons and entities providing commercial support to military operations. The Secretary of Defense shall publish policy establishing this program with responsibilities for program execution and oversight and procedures for use of available intelligence, security, and law enforcement information to identify threats and employment of a range of strategies, including the covered procurement actions described in this section, to manage risks posed by covered persons and entities that are engaged in covered activities.; by amending subsection (b) to read as follows: The combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy. The head of a contracting activity may exercise a covered procurement action on a covered persons or entity. The head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that— the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and less intrusive measures are not reasonably available to manage the risk. by amending subsection (c) to read as follows: Contracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters: The program established under subsection (a). The authorities established under subsection (b). The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities. Upon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action. Full disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies. Classified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed. by amending subsection (d) to read as follows: All covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM). by amending subsection (e) to read as follows: The Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action. by amending subsection (f) to read as follows: The Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security. by amending subsection (g) to read as follows: The authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements. by amending subsection (h) to read as follows: The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle. in subsection (i)— in paragraph (1)— by striking Director of the Office of Management and Budget and inserting Secretary of Defense; by striking appropriate committees of Congress and inserting congressional defense committees; in subparagraph (A)— by striking an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity exercised a covered procurement action; in clause (i) by striking executive agency and inserting head of contracting activity; in clause (ii), by striking the action taken and inserting exercising the covered procurement action; in clause (iii), by striking voided or terminated and inserting subject to the covered procurement action; and in clause (iv)— by striking executive agency in force and inserting Department of Defense has and by striking concerned at the time the contract, grant, or cooperative agreement was terminated or voided and replacing with at the time of exercise of the covered procurement action; and in subparagraph (B)— by striking an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity did not exercise a covered procurement action following an identification from a combatant commander; in clause (i), by striking executive agency and inserting head of contracting activity; and in clause (ii), by inserting covered procurement before action; and in paragraph (2), by striking Director and inserting Secretary of Defense; by striking subsection (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively; in subsection (k), as redesignated by paragraph (11), by striking Except as provided in subsection (l), the and inserting The; and in subsection (l), as so redesignated, by striking December 31, 2025 and inserting December 31, 2033. Section 842 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by striking subsections (a) through (c) and inserting the following: The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act. The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk. Section 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended— by striking paragraphs (1), (2), (3), (4), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (6); by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph: The term covered activities means activities where a covered person or entity is— engaging in acts of violence against personnel of the United States or partners and allies; providing financing, logistics, training, or intelligence to a person described in subparagraph (A); engaging in foreign intelligence activities against the United States or partners and allies; engaging in transnational organized crime or criminal activities; or engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces. in paragraph (2), as so redesignated, by striking with an estimated value in excess of $50,000 that is performed outside the United States, including its territories and possessions, in support and all that follows through the period at the end and inserting that is performed outside the United States, including its territories and possessions.; by amending paragraph (3), as so redesignated, to read as follows: The term covered person or entity means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement. by inserting after paragraph (3), as so redesignated, the following new paragraphs: The term covered procurement actionmeans an action taken by a head of contracting activity to— exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement; terminate an existing contract, grant, or cooperative agreement for default; or void in whole or in part an existing contract, grant, or cooperative agreement. The term covered solicitation means any Department of Defense solicitation for work for which the place of performance is outside of the United States. The amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)) awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date. (b)Authority(1)IdentificationThe combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy.(2)Covered procurement actions(A)In generalThe head of a contracting activity may exercise a covered procurement action on a covered persons or entity.(B)Limitation on covered procurement actionsThe head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that—(i)the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and(ii)less intrusive measures are not reasonably available to manage the risk.; (c)Notification to covered person or entity(1)Advance noticeContracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters:(A)The program established under subsection (a).(B)The authorities established under subsection (b).(C)The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities.(2)Notice of covered procurement actions(A)In generalUpon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action.(B)Limitation on disclosure of informationFull disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies.(C)Protection of classified informationClassified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed.; (d)Covered procurement action reportingAll covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM).; (e)Annual reviewThe Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action.; (f)WaiverThe Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security.; (g)Delegation of authorityThe authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements.; (h)Updating regulationsThe Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle.; (a)Additional access to recordsThe Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act.(b)LimitationThe examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk.. (1)Covered activitiesThe term covered activities means activities where a covered person or entity is—(A)engaging in acts of violence against personnel of the United States or partners and allies;(B)providing financing, logistics, training, or intelligence to a person described in subparagraph (A);(C)engaging in foreign intelligence activities against the United States or partners and allies;(D)engaging in transnational organized crime or criminal activities; or(E)engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.; (3)Covered person or entityThe term covered person or entity means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.; and (4)Covered procurement actionThe term covered procurement actionmeans an action taken by a head of contracting activity to—(A)exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement;(B)terminate an existing contract, grant, or cooperative agreement for default; or(C)void in whole or in part an existing contract, grant, or cooperative agreement.(5)Covered solicitationThe term covered solicitation means any Department of Defense solicitation for work for which the place of performance is outside of the United States..

813. Enhancement of Department of Defense capabilities to prevent contractor fraud Subsection (a) of section 4651 of title 10, United States Code, is amended— in paragraph (1), by striking ; and and inserting a semicolon; in paragraph (2)— by striking clause (1) and inserting paragraph (1); and by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. and inserting of up to 10 percent of the total contract award amount;; by inserting after paragraph (2) the following new paragraphs: with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount. in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking clause (1) and inserting paragraph (1). Paragraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting and by a preponderance of the evidence after after notice and hearing. (3)with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and(4)the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount.; and

814. Modification of approval authority for high dollar other transaction agreements for prototypes Section 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after subsection (d) the following: were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f). Section 4022(d) of such title is amended by adding at the end the following new paragraph: The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f). (3)The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f)..

816. Inventory of inflation and escalation indices Not later than September 30, 2024, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall conduct an inventory of inflation and escalation indices currently used for contracting and pricing purposes across the Department and make the inventory available as a resource for all government and industry contracting and pricing professionals. The inventory required under paragraph (1)— shall include indices used for products and indices used for services, including accessibility instructions; may include relevant indices derived from or leveraged by commercial, academic, or nongovernmental sources; and shall separately identify indices for which the Department of Defense purchases access. As part of the inventory required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall also conduct an assessment of the available inflation and escalation indices in order to determine— gaps in any available indices where identification or development of new indices may be necessary; and in instances where there are multiple indices being used— whether consolidation on a single index or smaller subset of indices is possible or advisable; and whether commercial, academic, or nongovernmental indices have any comparative benefit or advantage over governmental sources. The Under Secretary of Defense for Acquisition and Sustainment shall periodically, and not less than once every 5 years, review and update the inventory required under subsection (a). Not later than March 30, 2025, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall issue guidance providing for the consistent application and maintenance of data included in the inventory required under subsection (a) for use by government contracting and pricing personnel.

817. Pilot program to incentivize progress payments The Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize large business concerns awarded Department of Defense contracts to qualify for progress payments up to 10 percentage points higher than the standard progress payment rate. The Under Secretary for Acquisition and Sustainment shall establish clear and measurable criteria to provide for the payment to contractors of higher progress payments as described in subsection (a), including meeting one or more of the following criteria: Adherence to delivery dates for contract end items and contract data requirement lists or compliance with the performance milestone schedule during the preceding fiscal year. The lack of any open level III or IV corrective action requests. Acceptability of the contractor's business systems without significant deficiencies. Meeting small business subcontracting goals during the preceding fiscal year. The Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the implementation of the pilot program established under subsection (a), including a comprehensive list of contractors and the contracts that received the increased progress payments. In this section: The term standard progress payment rate refers to the rate of progress payments provided for under section 3804 of title 10, United States Code, and payable in accordance with the applicable provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. The term large business concerns means a business concern that exceeds the small business size code standards established by the Small Business Administration as set forth in part 121 of title 13, Code of Federal Regulations. The authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2026.

818. Extension of pilot program to accelerate contracting and pricing processes Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), as most recently amended by section 818 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, is further amended in subsection (c) by striking January 2, 2024 and inserting January 2, 2028.

819. Preventing conflicts of interest for Department of Defense consultants Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation— to require any entity that provides the services described in North American Industry Classification System (NAICS) code 5416, prior to entering into the Department of Defense contract, to certify that— neither the entity nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; or the entity maintains a Conflict of Interest Mitigation Surveillance Plan described under subsection (b) that is auditable by contract oversight entities; and to restrict Department of Defense contracts from being awarded to an entity that provides the services described under the NAICS code 5416, if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity unless such contractor maintains an enforceable Conflict of Interest Mitigation Surveillance Plan. Contractors that are unable to certify under subsection (a)(1)(A) that neither they nor any of their subsidiaries or affiliates hold a contract with one or more covered foreign entities shall maintain a Conflict of Interest Mitigation Surveillance Plan that is updated annually and shall be provided to applicable contract oversight entities upon request. The plan shall include— identification of the contracts with the covered foreign entity (or entities) including the specific entity, the dollar value of the contract, and the specific personnel working on the contract; mitigation measures being taken to prevent conflicts of interest (corporately as well as for individuals working on the contract) that might arise by also supporting Department of Defense contracts; and notification procedures to the contract oversight entities within 15 days of determining an unmitigated conflict of interest has arisen. The Secretary of Defense, or designee, shall have the authority to waive conflicts of interest restrictions under subsection (a) on a case-by-case basis as may be necessary to continue contracting for certain national security requirements. The Secretary of Defense may not delegate such authority to an official below the level of a Presidentially appointed, Senate-confirmed official. Not later than 30 days after issuing a waiver under subsection (c) of this section, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include— the specific justification for providing the waiver; the covered foreign entity with which the waiver recipient is working which gives rise to the conflict of interest; the number of bidders on a contract on which the waiver was required; the number of bidders on a contract for which a waiver would not have been required to have been issued; and the total dollar value of the contract. In this section: The term covered foreign entity means any of the following: The Government of the People’s Republic of China, any Chinese state-owned entity, or other entity under the ownership, or control, directly or indirectly, of the Government of the People’s Republic of China or the Chinese Communist Party that is engaged in one or more national security industries. The Government of the Russian Federation, any Russian state-owned entity, or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled Blocking Property of Additional Persons Contributing to the Situation in Ukraine(79 Fed. Reg. 16169). The government or any state-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to— section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); section 40 of the Arms Export Control Act (22 U.S.C. 2780); or any other provision of law. Any entity included on any of the following lists maintained by the Department of Commerce: The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. The term contract oversight entities means any of the following: The contracting officer. The contracting officer representative. The Defense Contract Management Agency. The Defense Contract Audit Agency. The Office of Inspector General (OIG) of the Department of Defense or any subcomponent of OIG. The Government Accountability Office.

820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions In this section: The term greenhouse gas means— carbon dioxide; methane; nitrous oxide; nitrogen trifluoride; hydrofluorocarbons; perfluorcarbons; or sulfur hexafluoride. The term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. The term nontraditional defense contractor has the meaning given the term in section 3014 of title 10, United States Code. The Secretary of Defense may not require any nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. During the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not require any other than nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.

821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China The Secretary of Defense may not, on or after the date of the enactment of this Act, enter into or renew a contract for the provision of online tutoring services by an entity owned or controlled by the Government of the People's Republic of China. The Secretary may waive the prohibition under subsection (a). The Secretary may not delegate the authority to issue a waiver under paragraph (1).

822. Modification of truthful cost or pricing data submissions and report Section 3705(b)(2)(B) of title 10, United States Code, is amended by striking should-cost analysis. and all that follows through past performance. and inserting should-cost analysis and shall identify such offerors that incur a delay greater than 200 days in submitting such cost or pricing data. The Secretary of Defense shall include a public notation on such offerors..

831. Defense industrial base advanced capabilities pilot program The Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program through a public-private partnership to accelerate the scaling, production, and acquisition of advanced defense capabilities determined by the Under Secretary to be critical to the national security by creating incentives for investment in domestic small businesses or nontraditional businesses to create a robust and resilient defense industrial base. The goals of the public-private partnership pilot program are as follows: To bolster the defense industrial base through acquisition and deployment of advanced capabilities necessary to field Department of Defense modernization programs and priorities. To strengthen domestic defense supply chain resilience and capacity by investing in innovative defense companies. To leverage private equity capital to accelerate domestic defense scaling, production, and manufacturing. In carrying out subsection (a), the Under Secretary shall enter into one or more public-private partnerships, consistent with the phased implementation provided for in subsection (e), with for-profit persons using the criteria set forth in paragraph (2). The Under Secretary shall establish criteria for entering into one or more public-private partnerships and shall submit to the congressional defense committees such criteria, which shall not take effect for the purposes of entering into any agreement until 30 days after submission. The Under Secretary and a person or persons with whom the Under Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, term, and governance framework for the partnership and its operations. Such operating agreements may not take effect until 30 days after they have been submitted to the congressional defense committees. Pursuant to public-private partnerships entered into under subsection (b), a person or persons with whom the Under Secretary has entered into a partnership may invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a), with investments selected based on technical merit, economic value, and the Department’s modernization priorities. The partnership shall require investment in not less than 10 businesses, with no business representing greater than 20 percent of total investment and no capability area exceeding 40 percent of total investment A person or persons described in paragraph (1) shall have sole authority to operate, manage, and invest. Pursuant to the authority established under section __ the Under Secretary shall provide an up to 80 percent loan guarantee, pursuant to the public-private partnerships entered into under subsection (b), with investment of equity that qualifies under subsection (c) and consistent with the goals set forth under subsection (a)(2). The temporary loan guarantee authority described under paragraph (1) is exclusively for the public-private partnerships authorized under this section and may not be utilized for other programs or purposes. The loan guarantee under paragraph (1) shall be subject to the operating agreement entered into under subsection (b)(3). Obligations incurred by the Under Secretary under this paragraph shall be subject to the availability of funds provided in advance specifically for the purpose of such loan guarantees. The program established under subsection (a) shall be carried out in two phases as follows: Phase 1 shall consist of an initial pilot program with one public-private partnership, consistent with subsection (b), to assess the feasibility and advisability of expanding the scope of the program. The Under Secretary shall begin implementation of phase 1 not later than 180 days after the date of the enactment of this Act. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the congressional defense committees on the design of phase 1. The plan shall include— an overview of, and the activities undertaken, to execute the public-private partnership; a description of the advanced capabilities and defense industrial base areas under consideration for investment; an overview of the operating agreement described in subsection (b)(3); and implementation milestones and metrics. Not later than 27 months after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the implementation of this section and the feasibility and advisability of expanding the scope of the pilot program. The report and briefing shall include, at minimum— an overview of program performance, and implementation and execution milestones and outcomes; an overview of progress in— achieving new products in production aligned with Department of Defense needs; scaling businesses aligned to targeted industrial base and capability areas; generating defense industrial base job growth; increasing supply chain resilience and capacity; and enhancing competition on advanced capability programs; an accounting of activities undertaken and outline of the opportunities and benefits of expanding the scope of the pilot program; and a recommendation by the Secretary regarding the feasibility and desirability of expanding the pilot program. Not later than 30 months after the date of the enactment of this Act, the Secretary may expand the scope of the phase 1 pilot program with the ability to increase to not more than three public-private partnerships, consistent with subsection (b). Not later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the outcomes of the pilot program under subsection (a), including the elements described in paragraph (1)(C), and the feasibility and advisability of making the program permanent. The authority to enter into an agreement to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. In this section: The term domestic business has the meaning given the term U.S. business in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. The term domestic small businesses or nontraditional businesses means— a small business that is a domestic business; or a nontraditional business that is a domestic business. The term nontraditional business has the meaning given the term nontraditional defense contractor in section 3014 of title 10, United States Code. The term small business has the meaning given the term small business concern in section 3 of the Small Business Act (15 U.S.C. 632).

832. Department of Defense notification of certain transactions The parties to a covered transaction required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act (15 U.S.C. 18a) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act (15 U.S.C. 18a). In this section: The term covered transaction means an actual or proposed merger, acquisition, joint venture, strategic alliance, or investment— for which the parties are required to file a notification under section 7A of the Clayton Act (15 U.S.C. 18a); and any party to which is, owns, or controls a major defense supplier. The term major defense supplier means— a current prime contractor of a major defense acquisition program as defined in chapter 201 of title 10, United States Code; a current prime contractor of a middle tier acquisition as defined pursuant to section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 882); a current prime contractor of a software acquisition program described under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478); a current prime contractor of a defense business system as defined in section 2222 of title 10, United States Code; or a current prime contractor of a service contract with the Department of Defense, as defined in part 237 of the Defense Federal Acquisition Regulation Supplement, above the simplified acquisition threshold.

833. Analyses of certain activities for action to address sourcing and industrial capacity The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including— restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to— suppliers in the United States; suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); suppliers in other allied nations; or other suppliers; increasing investment through use of research and development or procurement activities and acquisition authorities to— expand production capacity; diversify sources of supply; or promote alternative approaches for addressing military requirements; prohibiting procurement from selected sources or nations; taking a combination of actions described under subparagraphs (A), (B), and (C); or taking no action. The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services. Not later than January 15, 2025, the Secretary of Defense shall submit to the congressional defense committees, in writing— a summary of the findings of the analyses undertaken for each item pursuant to subsection (a); relevant recommendations resulting from the analyses; and descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions. The Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following during the 2025 calendar year: The annual report or quarterly briefings to Congress required under section 4814 of title 10, United States Code. The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title. Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title. Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title. Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title. Industrial base or acquisition policy changes. Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committees on Armed Services of the Senate and the House of Representatives not less frequently than once per fiscal year. Other actions as the Secretary of Defense determines appropriate. The items described in this subsection are the following: Traveling Wave Tubes and Traveling Wave Tube Amplifiers.

834. Pilot program on capital assistance to support defense investment in the industrial base The Secretary of Defense may carry out a pilot program under this section to use capital assistance to support the duties and elements of sections 901 and 907. An eligible entity seeking capital assistance for an eligible investment under this section shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (c)(2). The criteria shall include— the extent to which an investment supports the national security of the United States; the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and the creditworthiness of an investment. The Secretary may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to subsection (b)(2). Except as provided under subclause (II), the interest rate on a loan provided under subparagraph (A) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. The Secretary may waive the requirement under subclause (I) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States. The Secretary shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. The final maturity date of a loan provided under subparagraph (A) shall be not later than 50 years after the date of substantial completion of the investment for which the loan was provided. A loan provided under subparagraph (A) may be paid earlier than is provided for under the loan agreement without a penalty. A loan provided under subparagraph (A) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. The Secretary may waive the requirement under subclause (I) with respect to the investment in order to mitigate risks to loan repayment. The Secretary may sell to another entity or reoffer into the capital markets a loan provided under subparagraph (A) if the Secretary determines that the sale or reoffering can be made on favorable terms. Any loan guarantee provided under subparagraph (A) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Secretary shall pay the holder as specified in the loan guarantee agreement. The Secretary shall establish a credit rating system to ensure a reasonable reassurance of repayment. The system may include use of existing credit rating agencies where appropriate. Loans and loan guarantees provided under subparagraph (A) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. Loans and loan guarantees provided under subparagraph (A) shall be subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). The Secretary may, as a minority investor, support an eligible investment selected pursuant to subsection (b)(2) 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 or quasi-equity securities (such as warrants), or shares or financial interests 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 Secretary shall seek to sell and liquidate any support for an investment provided under subparagraph (A) as soon as commercially feasible, commensurate with other similar investors in the investment and taking into consideration the national security interests of the United States. Subjection to Appropriations acts, the Secretary may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this section. The Secretary shall provide to an eligible investment selected pursuant to subsection (b)(2) the amount of assistance necessary to carry out the investment. All financial transactions conducted under this section shall be conducted in United States dollars. There is established in the Treasury of the United States a Department of Defense Credit Program Account to execute loans and loan guarantees in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). The Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations and fees collected pursuant to subparagraph (C). The Secretary may charge and collect fees for providing capital assistance in amounts to be determined by the Secretary. The Secretary shall establish the amount of such fees in regulations at an amount sufficient to cover but not exceed the administrative costs to the Office of providing capital assistance. There is established in the Treasury of the United States a Department of Defense Strategic Capital Equity Account. The Strategic Capital Equity Account shall consist of all amounts appropriated pursuant to the authorization of appropriations. Subject to appropriations Acts, the Secretary is authorized to pay, from the Department of Defense Credit Program Account or the Department of Defense Strategic Capital Equity Account— the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan guarantees and other capital assistance; administrative expenses associated with activities under this section; project-specific transaction costs; the cost of providing support authorized by this section; and the costs of equity investments. The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not exercise the authorities available under this section until such time as these regulations have been issued and adopted by the Department. Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this section in the preceding fiscal year and the goals of the Department of Defense in accordance with this section for the next fiscal year. The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, equity investments, insurance, or reinsurance under this section. The authorities provided under this section shall expire on October 1, 2028. In this section: The term capital assistance means loans, loan guarantees, equity investments, insurance and reinsurance, or technical assistance provided under subsection (c). The term eligible entity means— an individual; a corporation, including a limited liability corporation; a partnership, including a public-private, limited, or general partnership; a joint venture, including a strategic alliance; a trust; a State of the United States, including a political subdivision or any other instrumentality of a State; a Tribal government or consortium of Tribal governments; any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or a multi-State or multi-jurisdictional group of public entities within the United States. The term eligible investment means an investment that facilitates the efforts of the Office— to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to national security; or to protect vital tangible and intangible assets from theft, acquisition, and transfer by adversaries of the United States. The term obligor means a party that is primarily liable for payment of the principal of or interest on a loan.

835. Requirement to buy certain satellite components from national technology and industrial base Section 4864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: A traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government. Paragraph (6) of section 4864(a) of title 10, United States Code, as added by subsection (a), shall not apply with respect to programs that received Milestone A approval (as defined in section 2431a of such title) before October 1, 2022. Subject to subsection (i) of section 4864 of title 10, United States Code, the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(6) of such section, as added by subsection (a) of this section. (6)Traveling-wave tube and traveling wave tube amplifiersA traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government..

842. Department of Defense Mentor-Protégé Program Section 4902(e) of title 10, United States Code, is amended— in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; by striking Before providing assistance and inserting (1) Before providing assistance; and by adding at the end the following new paragraph: An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement. (2)An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement..

843. Consideration of the past performance of affiliate companies of small businesses Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns.

844. Timely payments for Department of Defense small business subcontractors Section 8(d)(13)(B)(i) of the Small Business Act (15 U.S.C. 637(d)(13)(B)(i)) is amended by inserting , or, for a covered contract awarded by the Department of Defense, more than 30 days past due, after 90 days past due. Section 8(d)(13)(C) of the Small Business Act (15 U.S.C. 637(d)(13)(C)) is amended— by striking A contracting officer and inserting the following: A contracting officer by adding at the end the following: The contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract. Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13)) is amended— by redesignating subparagraph (E) as subparagraph (F); by inserting after subparagraph (D) the following: If a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. The duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract. in subparagraph (D), by striking subparagraph (E) and inserting subparagraph (F). The amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act (15 U.S.C. 637(d)(13)(A)) that is entered into or modified by the Department of Defense on or after the date of enactment of this Act. (i)In generalA contracting officer; and (ii)Past performance information for DOD contractsThe contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract.. (E)Cooperation on DOD contracts(i)In generalIf a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. (ii)PeriodThe duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract.; and

845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense Section 1710(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking September 30, 2023 and inserting September 30, 2028.

846. Annual reports regarding the SBIR program of the Department of Defense Section 279(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3507) is amended by striking each fiscal years 2021, 2022, and 2023 and replacing with each fiscal year through fiscal year 2028.

847. Modifications to the Procurement Technical Assistance Program Section 4951 of title 10, United States Code, is amended— in paragraph (1)(C), by striking private, nonprofit organization and inserting nonprofit organization; and by adding at the end the following new paragraph: The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity. Section 4954 of title 10, United States Code, is amended— in subsection (b)— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); by inserting (1) before Under; and by adding at the end the following new paragraph: The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program. by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h); and by inserting after subsection (f), as redesignated by paragraph (2), the following new subsection: If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination. Section 4958(c) of title 10, United States Code, is amended— in paragraph (1), by striking ; and and inserting a semicolon; in paragraph (2), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraphs: under clause 252.204-7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements). (5)The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.. (2)The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.; (g)Waiver of Government cost share restrictionIf the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.. (3)under clause 252.204-7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and(4)under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements)..

848. Extension of pilot program to incentivize contracting with employee-owned businesses Section 874 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 3204 note) is amended— in subsection (b)— in paragraph (1), by inserting and prescribe regulations after establish a pilot program; and in paragraph (3), by striking A qualified and inserting Each contract held by a qualified; in subsection (c)(2), by striking expended on subcontracts, subject to such necessary and reasonable waivers and inserting the following: “expended on subcontracts, except— to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan; in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or pursuant to such necessary and reasonable waivers in subsection (e), by striking five years after and inserting eight years after. (A)to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan; (B)in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or(C)pursuant to such necessary and reasonable waivers; and

861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-Wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees a plan for implementing the replacement for the Selected Acquisition Reporting system as required by section 809 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), including— a timeline and process for implementing the requirements of such section 809; a timeline and process for implementing quarterly reporting versus annually for the replacement system, including identification of policy, procedural, or technical challenges to implementing that reporting periodicity; a timeline and process for providing access to the replacement reporting system to congressional staff; and a timeline and process for providing access to the replacement reporting system to the Government Accountability Office, the public, and other relevant stakeholders.

862. Extension of pilot program for distribution support and services for weapons systems contractors Section 883 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4292 note prec.) is amended— in subsection (a), by striking seven-year pilot program and inserting eight-year pilot program; and in subsection (g), by striking seven years and inserting eight years.

863. Modification of effective date for expansion on the prohibition on acquiring certain metal products Section 844(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3766) is amended by striking 5 years and inserting 6 years.

864. Foreign sources of specialty metals Section 4863(d) of title 10, United States Code, is amended— in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; by inserting (1) before Subsection (a)(1); and by adding at the end the following new paragraph: Any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced— in the United States; in the country from which the mill product or component is procured; or in another country covered under paragraph (1)(A)(ii). (2)Any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced—(A)in the United States;(B)in the country from which the mill product or component is procured; or(C)in another country covered under paragraph (1)(A)(ii)..

865. University Affiliated Research Center for critical minerals The Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a plan to establish a new University Affiliated Research Center (UARC), or to expand a current relevant UARC or consortia of universities, for the purposes of contributing to the capacity of the Department to conduct research, development, engineering or workforce expansion related to critical minerals for national security needs. The plan should focus on institutional capacity at a mining school or schools with expertise in engineering, applied research, commercial and workforce development activities related to critical minerals. The plan required by paragraph (1) shall include the following: An assessment of the engineering, applied research, commercialization, and workforce development capabilities relating to critical minerals of mining schools, including an assessment of the workforce and physical research infrastructure of such schools. An assessment of the ability of mining schools— to participate in defense-related engineering, applied research, commercialization, and workforce development activities relating to critical minerals; to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants; and to support the mission of the Under Secretary to extend the capabilities of current war fighting systems, develop breakthrough capabilities, hedge against an uncertain future through a set of scientific and engineering options, and counter strategic surprise. An assessment of the activities and investments necessary— to augment facilities or educational programming at mining schools or a consortium of mining schools— to support the mission of the Under Secretary; to access, secure, and conduct research relating to sensitive or classified information; and to respond quickly to emerging engineering, applied research, commercialization, and workforce needs relating to critical minerals. to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities; and to increase the ability of mining schools to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants. Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, mining schools, and other organizations to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities, contracts, and grants. The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of mining schools to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense. In developing the plan required by paragraph (1), the Secretary and the Under Secretary shall consult with such other public and private sector organizations as the Secretary and the Under Secretary determine 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 that includes the plan developed under paragraph (1); and make the plan available on a publicly accessible website of the Department of Defense. Subject to the availability of appropriations, the Under Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities, for the purposes described in paragraph (2). The purposes described in this paragraph are the following: Developing the capability, including workforce and research infrastructure, for mining schools to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities. Improving the capability of mining schools to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. Any other purposes the Under Secretary determines appropriate for enhancing the defense-related engineering, applied research, commercialization, and development capabilities of mining schools. Chapter 305 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. The objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. Under the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. The Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. The Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and if appropriate, to enter into partnerships and collaborations with such institutions. The Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. In this section, the term covered educational institution means— a mining, metallurgical, geological, or mineral engineering program— accredited by the Accreditation Board for Engineering and Technology, Inc.; and located at an institution of higher education; or an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. For purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). The table of sections at the beginning of chapter 305 of such title is amended by adding at the end the following new item: In this section, the term mining school means— a mining, metallurgical, geological, or mineral engineering program— accredited by the Accreditation Board for Engineering and Technology, Inc.; and located at an institution of higher education; or an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. For purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). 4145.Research and educational programs and activities: critical minerals(a)Program established(1)In generalThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities.(2)Limitation on delegationThe Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering.(b)Program objectiveThe objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1)enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary;(2)encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals;(3)increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and(4)encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals.(c)Assistance providedUnder the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following:(1)Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation.(2)Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense.(3)Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense.(4)Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions.(d)Incentives(1)In generalThe Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education.(2)GoalsThe Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—(A)to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and(B)if appropriate, to enter into partnerships and collaborations with such institutions.(e)Criteria for fundingThe Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department.(f)Definition of covered educational institution(1)In generalIn this section, the term covered educational institution means—(A)a mining, metallurgical, geological, or mineral engineering program—(i)accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii)located at an institution of higher education; or(B)an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry.(2)Institution of higher educationFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).. 4145. Research and educational programs and activities: critical minerals..

4145. Research and educational programs and activities: critical minerals The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. The objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. Under the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. The Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. The Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and if appropriate, to enter into partnerships and collaborations with such institutions. The Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. In this section, the term covered educational institution means— a mining, metallurgical, geological, or mineral engineering program— accredited by the Accreditation Board for Engineering and Technology, Inc.; and located at an institution of higher education; or an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. For purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

901. Establishment of Office of Strategic Capital Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office). The Office shall be headed by a Director (in this section referred to as the Director), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5). The Office shall— develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. An eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— the extent to which an investment is significant to the national security of the United States; the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and the creditworthiness of an investment. The criteria established under paragraph (1) shall not apply until— the Secretary of Defense submits the criteria to the congressional defense committees; and a period of 30 days has elapsed after such submission. Not less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. The Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. The authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— prescribed and adopted by the Department; and submitted to the congressional defense committees. Not later than December 31 of each year, the Director shall submit to the congressional defense committees a report that— describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— an identification of entities that received capital assistance from the Office during that fiscal year; a description of the status of the financial obligations of those entities as a result of receiving such assistance; and any success stories as a result of such assistance; assesses the status of the finances of the Office as of the end of that fiscal year; and describes the goals of the Office for the fiscal year that begins after submission of the report. In this section: The term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. The term eligible entity means— an individual; a corporation; a partnership, including a public-private partnership; a joint venture; a trust; a State, including a political subdivision or any other instrumentality of a State; a Tribal government or consortium of Tribal governments; any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or a multi-State or multi-jurisdictional group of public entities. The term eligible investment means an investment that facilitates the efforts of the Office— to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States. The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 148.Office of Strategic Capital(a)EstablishmentThere is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office).(b)DirectorThe Office shall be headed by a Director (in this section referred to as the Director), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5).(c)DutiesThe Office shall—(1)develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets;(2)identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and(3)fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. (d)ApplicationsAn eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.(e)Selection of investments(1)In generalThe Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include—(A)the extent to which an investment is significant to the national security of the United States;(B)the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and(C)the creditworthiness of an investment. (2)Notice and wait requirementThe criteria established under paragraph (1) shall not apply until—(A)the Secretary of Defense submits the criteria to the congressional defense committees; and(B)a period of 30 days has elapsed after such submission.(f)NotificationNot less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary.(g)Strategic Capital Advisory BoardThe Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. (h)RegulationsThe Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. (i)Effective dateThe authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been—(1)prescribed and adopted by the Department; and (2)submitted to the congressional defense committees.(j)Annual reportNot later than December 31 of each year, the Director shall submit to the congressional defense committees a report that—(1)describes the activities of the Office during the most recent fiscal year ending before submission of the report, including—(A)an identification of entities that received capital assistance from the Office during that fiscal year; (B)a description of the status of the financial obligations of those entities as a result of receiving such assistance; and(C)any success stories as a result of such assistance;(2)assesses the status of the finances of the Office as of the end of that fiscal year; and(3)describes the goals of the Office for the fiscal year that begins after submission of the report.(k)DefinitionsIn this section:(1)Capital assistanceThe term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834.(2)Eligible entityThe term eligible entity means—(A)an individual;(B)a corporation;(C)a partnership, including a public-private partnership;(D)a joint venture;(E)a trust;(F)a State, including a political subdivision or any other instrumentality of a State;(G)a Tribal government or consortium of Tribal governments;(H)any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or(I)a multi-State or multi-jurisdictional group of public entities.(3)Eligible investmentThe term eligible investment means an investment that facilitates the efforts of the Office—(A)to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or(B)to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.. 148. Office of Strategic Capital..

148. Office of Strategic Capital There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office). The Office shall be headed by a Director (in this section referred to as the Director), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5). The Office shall— develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. An eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— the extent to which an investment is significant to the national security of the United States; the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and the creditworthiness of an investment. The criteria established under paragraph (1) shall not apply until— the Secretary of Defense submits the criteria to the congressional defense committees; and a period of 30 days has elapsed after such submission. Not less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. The Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. The authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— prescribed and adopted by the Department; and submitted to the congressional defense committees. Not later than December 31 of each year, the Director shall submit to the congressional defense committees a report that— describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— an identification of entities that received capital assistance from the Office during that fiscal year; a description of the status of the financial obligations of those entities as a result of receiving such assistance; and any success stories as a result of such assistance; assesses the status of the finances of the Office as of the end of that fiscal year; and describes the goals of the Office for the fiscal year that begins after submission of the report. In this section: The term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. The term eligible entity means— an individual; a corporation; a partnership, including a public-private partnership; a joint venture; a trust; a State, including a political subdivision or any other instrumentality of a State; a Tribal government or consortium of Tribal governments; any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or a multi-State or multi-jurisdictional group of public entities. The term eligible investment means an investment that facilitates the efforts of the Office— to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.

902. Reinstatement of position of Chief Management Officer of Department of Defense Chapter 4 of title 10, United States Code, is amended by inserting after the item relating to section 132 the following new item: There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. In this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations. The table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 132 the following new item: Section 2222 of such title is amended— in subsection (c)(2), by striking the Chief Information Officer of the Department of Defense and inserting the Chief Management Officer of the Department of Defense; in subsection (e)— in paragraph (1), by striking the Chief Information Officer and inserting the Chief Management Officer; and in paragraph (6)— in subparagraph (A), in the matter preceding clause (i)— in the first sentence, by striking The Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer, and inserting The Chief Management Officer of the Department of Defense; and in the second sentence, by striking the Chief Information Officer shall and inserting the Chief Management Officer shall; in subparagraph (B), in the matter preceding clause (i), by striking The Chief Information Officer and inserting The Chief Management Officer; in subsection (f)(1), in the second sentence, by inserting the Chief Management Officer and after chaired by; in subsection (g)(2), by striking the Chief Information Officer of the Department of Defense each place it appears and inserting the Chief Management Officer of the Department of Defense; and in subsection (i)(5)(B), by striking the Chief Information Officer and inserting the Chief Management Officer. Section 131(b) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): The Chief Management Officer of the Department of Defense. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall— issue guidance to clearly delineate the authorities and responsibilities of the Chief Management Officer of the Department of Defense; and provide a charter for the position of the Chief Management Officer to fully vest the authority of the Chief Management Officer within the Department of Defense. Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the effect on defense business systems of the abolishment of the position of Chief Management Officer and the failure to reassign the responsibilities of the Chief Management Officer with respect to defense business systems for two years. In this subsection, the term defense business system has the meaning given that term in section 2222(i) of title 10, United States Code. 132a.Chief Management Officer(a)Appointment and qualifications(1)There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.(2)The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.(b)ResponsibilitiesSubject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following:(1)Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense.(2)Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department.(3)Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department.(4)Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section.(5)Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.(c)Budget authority(1)(A)Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller).(B)The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer.(C)Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following:(i)Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).(ii)Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations.(iii)A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report.(iv)Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets.(2)Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.(d)PrecedenceThe Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.(e)Enterprise business operation definedIn this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.. 132a. Chief Management Officer.. (2)The Chief Management Officer of the Department of Defense..

132a. Chief Management Officer There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. In this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.

903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation Subsection (d) of section 139a of title 10, United States Code, is amended— in paragraph (5)— by striking , ensuring and inserting and ensuring; and by striking , and assessing and all that follows through economy; and in paragraph (8), by inserting after defense resources the following: , including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes. Such section is amended by adding at the end the following new subsection: Not later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes— a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report; a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report. Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary. Not later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report. Such section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection: Not later than June 1, 2024, the Secretary of Defense shall— establish a team, to be known as the Program Evaluation Competitive Analysis Cell, to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director; and ensure that the team has a sufficient number of personnel to carry out the duties of the team. The Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense. The Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis. The Director shall establish, under the pilot program established under paragraph (1), three analytical groups, focused on programmatic analysis in the following: Year 1 of the future-years defense program under section 221 of title 10, United States Code. Years 2 through 5 of the future-years defense program. Years outside the future-years defense program. The pilot program established under paragraph (1) shall run at least one strategic portfolio review or equivalent analytical effort per year. Not later than May 1, 2024, the Secretary of Defense shall— establish the Analysis Working Group in the Department of Defense; and ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group. The Analysis Working Group shall be composed of representatives of the following components of the Department of Defense: The Office of the Director of Cost Assessment and Program Evaluation. The Directorate for Joint Force Development (J7) of the Joint Staff. The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. The Office of the Secretary of Defense for Policy. The Chief Data and Artificial Intelligence Office. The Office of the Chief Information Officer. The United States Indo-Pacific Command. The United States European Command. The Analysis Working Group shall— establish clear priorities and standards to focus analysts on decision support; improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; resolve classified access and infrastructure challenges; foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and conduct such other tasks as the Secretary of Defense considers appropriate. Nothing in this section shall be construed to interfere with the requirements of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the requirement of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code. (e)Annual reports(1)In generalNot later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes—(A)a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report;(B)a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and(C)a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report.(2)FormEach report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.(3)BriefingsNot later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report.. (f)Program evaluation competitive analysis cell(1)In generalNot later than June 1, 2024, the Secretary of Defense shall—(A)establish a team, to be known as the Program Evaluation Competitive Analysis Cell, to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director; and(B)ensure that the team has a sufficient number of personnel to carry out the duties of the team.(2)IndependenceThe Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense..

904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting The Secretary of Defense shall establish the roles and responsibilities of components of the Office of the Secretary of Defense for development and delivery to combatant commands of capabilities that are essential to integrated joint warfighting capabilities, as follows: The Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering shall be responsible for— identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges; providing technical support for the Joint Force in exploring and analyzing new capabilities, operational concepts, and systems-of-systems composition, including through advanced modeling and simulation; and executing associated experimentation, through the Rapid Defense Experimentation Reserve (RDER) or another mechanism. The Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for— enabling the acquisition of cross-domain, joint, and cross-system kill chains and mission capabilities, including resourcing of modifications necessary for integration and interoperability among kill chain and mission components; and ensuring the effectiveness of cross-domain, joint, and cross-system kill chains and mission capabilities through analysis and testing. The Chief Digital and Artificial Intelligence Officer shall be responsible for creating and operating a factory-based approach for software development that allows for iterative, secure, and continuous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to— gain operational awareness, make decisions, and take actions; integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and prosecute targets through military service and combat support agency networks, tools, and systems. The officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall coordinate and align their plans and activities to implement subsection (a) among themselves and with the combatant commanders. In developing an initial set of capabilities described in subsection (a), the officials referred to in paragraphs (1), (2), and (3) of that subsection shall prioritize the requirements of the United States Indo-Pacific Command. Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2026, the officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall provide briefings to the congressional defense committees on their plans and activities to implement subsection (a). Not later than March 1, 2024, the Chief Data and Artificial Intelligence Officer, in consultation with the Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering and the Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes— a plan and associated timelines for deploying and demonstrating a joint data integration layer prototype in the United States Indo-Pacific Command area of operations; a plan and associated timelines for transitioning such a prototype, upon its successful demonstration, to fielding as soon as practicable given the urgent need for a joint all-domain command and control (commonly referred to as JADC2) capability; a plan and associated timelines for reaching initial operational capability for a joint data integration layer within the United States Indo-Pacific Command area of operations; a plan and associated timelines for scaling that capability to future areas of operation across the combatant commands; an assessment of the required type and number of personnel at the United States Indo-Pacific Command to enable sustained growth in JADC2 capabilities; and a plan and associated timelines for— identifying specific critical effects chains necessary to overcome anti-access and area denial capabilities and offensive military operations of foreign adversaries; and creating, demonstrating, deploying, and sustaining such chains.

905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict The Secretary of Defense may appoint two Principal Deputy Assistant Secretaries to report to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict— one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section.

906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities Section 910 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 111 note) is amended— in the section heading, by striking anomalous health incidents and inserting directed energy capabilities; in subsection (a), by striking anomalous health incidents (as defined by the Secretary) and inserting emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents (as defined by the Secretary),; in subsection (b)— in the matter preceding paragraph (1), by inserting to assist the Secretary of Defense after shall be; by amending paragraph (1) to read as follows: to address the threat posed by emerging directed energy capabilities, such as anti-personnel weapons, including the detection and mitigation of, and development of countermeasures for, such capabilities; by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; by inserting after paragraph (1) the following new paragraph (2): to conduct necessary investigation and activities to understand the causation, attribution, mitigation, identification, and treatment for anomalous health incidents; in paragraph (4), as redesignated by subparagraph (C), by striking any other efforts regarding such incidents and inserting with any other efforts regarding emerging directed energy capabilities, hazards of electromagnetic radiation to personnel, and anomalous health incidents; in subsection (d), by striking in consultation with the Director of National Intelligence and; and in subsection (e)(2)— by striking March 1, 2026 and inserting March 1, 2028; and by striking anomalous health incidents and inserting emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents. (1)to address the threat posed by emerging directed energy capabilities, such as anti-personnel weapons, including the detection and mitigation of, and development of countermeasures for, such capabilities;; (2)to conduct necessary investigation and activities to understand the causation, attribution, mitigation, identification, and treatment for anomalous health incidents;; and

907. Pilot program on protecting access to critical assets The Secretary of Defense shall establish a pilot program within the Office of the Under Secretary of Defense for Acquisition and Sustainment under which the Under Secretary will conduct and coordinate assessments, support industrial base decision-making, and provide mitigation measures to counter adversarial capital flows into industries or businesses of interest to the Department of Defense intended to undermine or deny— the access of the United States to key capabilities; or the ability of the United States to place such capabilities in physical locations necessary for national security functions. Under the pilot program required by subsection (a), the Under Secretary may perform the following tasks: Conduct coordinated and integrated analysis of adversarial capital flows into industries or businesses of interest to the Department of Defense. Support coordination and outreach with technology scouting and acquisition elements of the Department to support the investment decision-making of those elements and consideration of how to counteract entities employing adversarial capital flows against industries or businesses described in subparagraph (A), including the employment of relevant authorities vested in other components of the Department and the Federal Government. Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States. Protect tangible and intangible assets vital to the national security of the United States from theft, acquisition, and transfer by adversaries or strategic competitors of the United States. Provide capital assistance to entities engaged in investments that facilitate the efforts of the Under Secretary under subparagraphs (C) and (D) utilizing existing authorities available to the Department, such as the authority provided under section 834. Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department. The Under Secretary may perform the tasks described in paragraph (1) using the authorities provided by section 834. In establishing the pilot program required by subsection (a), the Secretary shall coordinate the activities being carried out under the pilot program with the following entities: The Air Force Office of Concepts, Development, and Management. The Air Force Office of Commercial and Economic Analysis. The Special Operations Command. The Defense Innovation Unit. The Office of Strategic Capital established under section 148 of title 10, United States Code, as added by section 901. Such other entities as the Secretary considers appropriate. The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not carry out activities or exercise authorities under this section until the date that is 30 days after the date on which the Secretary submits to the congressional defense committees the regulations required by subsection (d). Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees that details implementation of the pilot program required by subsection (a). The pilot program required by subsection (a) shall terminate on September 30, 2028. In this section: The term adversarial capital flow means an investment by— the government of a country that is an adversary of the United States; or an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country. The term capital assistance has the meaning given that term in section 834.

908. Extension of mission management pilot program Section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note) is amended— in subsection (b)— in paragraph (1)— by striking In general.—Except and inserting the following: “In general.— Except by adding at the end the following new subparagraph: The Deputy Secretary of Defense may delegate one or more mission managers to oversee the selected missions and provide management around mission outcomes. by adding at the end the following new paragraph: For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials for budgets submitted to Congress pursuant to section 1105 of title 31, United States Code, with selected missions and solution detailed in materials for each budgetary item associated with a selected mission. in subsection (c)(2)— in subparagraph (E), by striking ; and and inserting a semicolon; by redesignating subparagraph (F) as subparagraph (G); and by inserting after subparagraph (E) the following new subparagraph: assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission, including through existing authorized methods to realign, reprogram, or transfer funds; and in subsection (f)(1)(A), by striking every six months thereafter until the date that is five years after the date of the enactment of this Act and inserting annually thereafter until September 30, 2031; and in subsection (h), by striking terminate on the date that is five years after the date of the enactment of this Act and inserting terminate on September 30, 2031. (A)SelectionExcept; and (B)Delegation of oversight and managementThe Deputy Secretary of Defense may delegate one or more mission managers to oversee the selected missions and provide management around mission outcomes.; and (4)Identification of fundingFor each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials for budgets submitted to Congress pursuant to section 1105 of title 31, United States Code, with selected missions and solution detailed in materials for each budgetary item associated with a selected mission.; (F)assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission, including through existing authorized methods to realign, reprogram, or transfer funds; and;

909. Conforming amendments to carry out elimination of position of Chief Management Officer Chapter 4 of title 10, United States Code, is amended— in section 133a(c)— in paragraph (1), by striking , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense and inserting and the Deputy Secretary of Defense; and in paragraph (2), by striking the Chief Management Officer,; in section 133b(c)— in paragraph (1), by striking the Chief Management Officer of the Department of Defense,; and in paragraph (2), by striking the Chief Management Officer,; in section 137a(d), by striking the Chief Management Officer of the Department of Defense,; and in section 138(d), by striking the Chief Management Officer of the Department of Defense,. Section 192(c) of such title is amended— in paragraph (1)— in subparagraph (A), in the first sentence, by striking the Chief Management Officer of the Department of Defense and inserting the Secretary of Defense; and in subparagraphs (B) and (C), by striking the Chief Management Officer and inserting the Secretary; and in paragraph (2), by striking the Chief Management Officer each place it appears and inserting the Secretary. Section 240b of such title is amended— in subsection (a)(1), by striking The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), and inserting The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense,; and in subsection (b)(1)(C)(ii), by striking the Chief Management Officer and inserting the Performance Improvement Officer. Section 240d(d)(1)(A) of such title is amended by striking and the Chief Management Officer of the Department of Defense. Such title is further amended— in section 130e— by striking subsection (d); by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and in subsection (d), as so redesignated— in the first sentence, by striking , or the Secretary's designee,; and in the second sentence, by striking , through the Office of the Director of Administration and Management; and in section 2254a— by striking subsection (c); by redesignating subsection (d) as subsection (c); and in subsection (c), as so redesignated— in the first sentence, by striking , or the Secretary's designee,; and in the second sentence, by striking , through the Office of the Director of Administration and Management. Section 631(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2481 note) is amended by striking , in coordination with the Chief Management Officer of the Department of Defense,.

921. Joint Energetics Transition Office The Secretary of Defense shall realign roles, responsibilities, and resources as necessary to establish a Joint Energetics Transition Office (in this section referred to as the Office). The Office shall— develop and periodically update an energetic materials strategic plan and investment strategy to guide current and future investments in new and legacy energetic materials and technologies, including by— developing or supporting the development of strategies and roadmaps, under the future-years defense program under section 221 of title 10, United States Code, and the program objective memorandum process, for energetic materials and technologies; and initiating special studies or analyses to inform the program objective memorandum process; coordinate and synchronize existing research, development, test, and evaluation efforts in energetic materials across the Department of Defense to identify promising new energetic materials and technologies— to mature, integrate, prototype, and demonstrate novel energetic materials and technologies, including classification and characterization testing of new materials and manufacturing technologies; to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into existing and planned weapons platforms; and to identify existing or establish new prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of future energetic materials; oversee a process to expedite the qualification process for energetic materials, from discovery through integration into weapon systems, and recommend changes to laws, regulations, and policies that present barriers that extend timelines for that process; and carry out such other responsibilities relating to energetic materials as the Secretary shall specify. The Deputy Secretary of Defense shall submit to the congressional defense committees— not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of the Office under subsection (a); and not later than one year after such date of enactment, a report on the measures taken to provide the Office with the staff and resources necessary for the Office to carry out its responsibilities under subsection (b).

922. Transition of oversight responsibility for the Defense Technology Security Administration Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a transition plan to realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy. Not later than 7 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall submit the plan to the congressional defense committees. Not later than 180 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.

923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes Section 1046(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in paragraph (1)(B), by striking ; and and inserting a semicolon; in paragraph (2), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests. (3)to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests..

924. Integration of productivity software suites for scheduling data The Secretary of Defense shall ensure that the Department of Defense is capable of scheduling congressional engagements in a digitally interoperable manner by not later than February 25, 2024, either through— integrating the productivity software suite of the Department of Defense with the productivity software suite of the congressional defense committees; or enabling the automated transmission of scheduling data through another software solution.

925. Operationalizing audit readiness The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of command audit metrics that link existing audit readiness goals and metrics for the financial management community with unit leadership goals and metrics to provide operationally relevant performance measures for use by unit commanders. In developing the metrics required by paragraph (1), the Secretary may leverage support from an existing federally funded research and development center or university-affiliated research center. An initial set of metrics shall be developed and implemented under paragraph (1) not later than April 30, 2025. The President of the Defense Acquisition University shall develop training curricula to support the workforce of the Department of Defense in understanding, implementing, and utilizing the metrics developed under subsection (a) in the day-to-day performance of their command and leadership duties. An initial training curriculum shall be developed and implemented under paragraph (1) not later than April 30, 2025. The Secretary of Defense, in coordination with the Secretaries of the military departments, shall evaluate means by which the metrics developed under subsection (a) can be used in the performance evaluation of unit commanders. Not later than September 30, 2024, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the evaluation conducted under paragraph (1). The briefing shall include the following elements: Identification of the appropriate command echelon at which to assess unit leader performance using the metrics developed under subsection (a). Evaluations of available measures to reward superior or above average performance with respect to such metrics. Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for designated unit leaders. Any other issues the Secretary considers appropriate.

926. Next generation business health metrics The Secretary of Defense, acting through the Director of Administration and Management and in coordination with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense. In developing the metrics required by subsection (a), the Director shall— using the current literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense; assess the current business processes of the Department and provide recommendations to align the metrics with available data sources to determine what gaps might exist in such processes; ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis; link the metrics with the Strategic Management Plan and other performance documents guiding the Department; identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics; revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress; improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed; incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component-level metrics; and increase standardization of the use and collection of business health metrics across the Department. In developing the metrics required by subsection (a), the Director may leverage support from an existing federally funded research and development center or university-affiliated research center. Not later than January 30, 2025, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the development of the metrics required by subsection (a).

927. Independent assessment of defense business enterprise architecture The Secretary of Defense shall select a federally funded research and development center or a university affiliated research center to conduct an independent assessment of the defense business enterprise architecture developed under section 2222(e) of title 10, United States Code. The assessment required by subsection (a) shall include the following elements: An assessment of the effectiveness of the defense business enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense. A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture. An assessment of the adequacy of the defense business enterprise architecture in informing business process reengineering and being sufficiently responsive to changes in business processes over time. An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture. Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department. Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a). Not later than January 30, 2025, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment required by subsection (a).

928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze During the period described in subsection (b), the Secretary of Defense may not— establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or fill any vacancies in positions in the Department with responsibility for such matters. The period described in this subsection is the period— beginning on the date of the enactment of this Act; and ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024.

1002. Annual report on budget prioritization by Secretary of Defense and military departments Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. Appropriations sub-account. The appropriate program element, line item number, or sub-activity group. Program, project, or activity name. Prior year enacted appropriation. Prior year projected current year budget. Current year budget request. If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. The rationale for reduction or elimination. The report required under subsection (a) shall be submitted in machine readable, electronic form. The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e.Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report(a)In generalThe Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. (b)ElementsThe tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements:(1)Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in.(2)Appropriations sub-account.(3)The appropriate program element, line item number, or sub-activity group.(4)Program, project, or activity name.(5)Prior year enacted appropriation.(6)Prior year projected current year budget.(7)Current year budget request.(8)If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9)The rationale for reduction or elimination.(c)FormThe report required under subsection (a) shall be submitted in machine readable, electronic form.. 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report..

222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. Appropriations sub-account. The appropriate program element, line item number, or sub-activity group. Program, project, or activity name. Prior year enacted appropriation. Prior year projected current year budget. Current year budget request. If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. The rationale for reduction or elimination. The report required under subsection (a) shall be submitted in machine readable, electronic form.

1003. Additional reporting requirements related to unfunded priorities Section 222a(c)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: For each priority— the requirement that will be addressed which is not in the base budget request; the reason why the priority was not included in the base budget request; a description of previous funding to address the requirement; an assessment of the impact of the priority on the future years defense plan. (E)For each priority—(i)the requirement that will be addressed which is not in the base budget request;(ii)the reason why the priority was not included in the base budget request;(iii)a description of previous funding to address the requirement;(iv)an assessment of the impact of the priority on the future years defense plan..

1004. Sense of the Senate on need for emergency supplemental appropriations It is the sense of the Senate that— section 101 of the Fiscal Responsibility Act of 2023 (Public Law 118–5) imposes limits on discretionary spending in the defense and nondefense categories; if those spending limits for either category are breached, then across-the-board sequestration cuts are triggered on that category to eliminate the breach; the enactment of authorization and appropriations legislation for the Department of Defense will provide inherent cost savings that continuing resolutions do not provide; there are growing national security concerns that require additional funds beyond the revised security spending limit, to include continued support to the Ukrainian armed forces, additional munitions production, additional large surface combatants, shipbuilding industrial base modernization investments, submarine industrial base and supply chain management, additional production of wheeled and tracked combat vehicles, and emergent capabilities and exercises in the United States Indo-Pacific Command; as the Senate Majority Leader Chuck Schumer stated on June 1, 2023, This debt ceiling deal does nothing to limit the Senate’s ability to appropriate emergency/supplemental funds to ensure our military capabilities are sufficient to deter China, Russia, and our other adversaries and respond to ongoing and growing national security threats, including Russia’s ongoing war of aggression against Ukraine, our ongoing competition with China and its growing threat to Taiwan, Iranian threats to American interests and those of our partners in the Middle East, or any other emerging security crisis; nor does this debt ceiling deal limit the Senate’s ability to appropriate emergency/supplemental funds to respond to various national issues, such as disaster relief, or combating the fentanyl crisis, or other issues of national importance.; and the President should expeditiously send emergency funding requests to the Senate for consideration so that those needs can receive sufficient and additional funds.

1011. Disruption of fentanyl trafficking It is the sense of the Senate that— fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States; transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure; combating fentanyl trafficking demands— improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same; it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking. The strategy required by subparagraph (A) shall outline how the Secretary of Defense will— leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces; coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains; provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code; leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking; assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code; engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— support efforts to counter fentanyl trafficking; and build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities. The strategy required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. Not later than 45 days after the submission of the strategy required by subparagraph (A), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. The Secretary of Defense shall submit to the appropriate congressional committees a report on— any goods or services provided under section 1535 of title 31, United States Code (commonly known as the Economy Act), during the period beginning on January 1, 2010, and ending on the date on which the report is submitted, by the Department of Defense to Federal civilian law enforcement agencies for counterdrug and counter-transnational organized crime operations on the southern border of the United States; and any payments made for such goods or services under such section during such period. The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in paragraph (1). The report required by subparagraph (A) shall include— an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking; a description of limitations on such efforts, including limitations imposed by the Government of Mexico; recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico; recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and any other matter the Secretary considers relevant. The report required by subparagraph (A) may be submitted in unclassified form but shall include a classified annex. In this section: The term appropriate congressional committees means— the Committee on Armed Services of the Senate; and the Committee on Armed Services of the House of Representatives. The term fentanyl means fentanyl and any fentanyl-related substance. The term fentanyl-related substance— means any substance that is structurally related to fentanyl by 1 or more modifications of— replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and replacement of the N-propionyl group with another acyl group; and does not include a substance described in subparagraph (A) that is— controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act (21 U.S.C. 811); expressly listed in Schedule I of section 202(c) of that Act (21 U.S.C. 812) or another schedule by a statutory provision; or removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act (21 U.S.C. 811(k)). The term illegal means includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense. The term security cooperation program has the meaning given that term in section 301 of title 10, United States Code. The term transnational criminal organization means a group, network, and associated individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gain, wholly or in part by illegal means, while advancing their activities through a pattern of crime, corruption, or violence and protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms. The term transnational criminal organization includes any transnational criminal organization identified in the most recent Drug Threat Assessment of the Drug Enforcement Agency.

1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime Section 284(b)(9) of title 10, United States Code, is amended by striking linguist and intelligence analysis and inserting linguist, intelligence analysis, and planning.

1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations 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 establish a pilot program to assess the feasibility and advisability of building the capacity of armed forces of Mexico in the United States on goals, jointly agreed to by the Governments of the United States and Mexico, to counter the threat posed by transnational criminal organizations, including through— operations designed, at least in part, by the United States, to counter that threat; and in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations— joint network analysis; counter threat financing; counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and assessments of key nodes of activity of transnational criminal organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan for implementing the pilot program required by subsection (a) over a period of five years, including the costs of administering the program during such period. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund Section 2218(f)(3) of title 10, United States Code, is amended— by striking subparagraphs (C), (E) and (G); and by redesignating subparagraphs (D) and (F) as subparagraphs (C) and (D), respectively.

1022. Amphibious warship force availability 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 at the end and inserting ; and; and by adding at the end the following new paragraph: the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment. by redesignating the second subsection (g) (defining amphibious warfare ship) as subsection (h). (4)the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment.; and

1023. Prohibition on retirement of certain naval vessels None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: USS Germantown (LSD 42). USS Gunston Hall (LSD 44). USS Tortuga (LSD 46). USS Shiloh (CG 67).

1024. Report on the potential for an Army and Navy joint effort for watercraft vessels Not later than February 29, 2024, the Secretary of the Navy, in coordination with the Secretary of the Army, shall submit to the congressional defense committees a report on the feasibility of conducting a joint Army and Navy effort to develop and field a family of watercraft vessels to support the implementation of the Marine Corps concept of expeditionary advanced base operations and Army operations in maritime environments. The report required by subsection (a) shall include an assessment of whether a shared base platform could meet requirements of the Department of the Navy and the Department of the Army, and, if so, an assessment of the benefits and challenges of procuring a technical data package to allow simultaneous construction of such platform by multiple builders and using block buy authorities.

1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most recently amended by section 1034 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236), is further amended by striking 2023 and inserting 2024.

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), as most recently amended by section 1031 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236), is further amended by striking December 31, 2023 and inserting December 31, 2024.

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), as most recently amended by section 1032 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236), is further amended by striking December 31, 2023 and inserting December 31, 2024.

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), as most recently amended by section 1033 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236), is further amended by striking December 31, 2023 and inserting December 31, 2024.

1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers Section 6(b)(1)(B) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes, approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in the matter preceding clause (i), by striking December 31, 2023 and inserting December 31, 2029.

1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments Section 1701(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by striking may not be included in the budget accounts and inserting may be included in the budget accounts.

1043. Unfavorable security clearance eligibility determinations and appeals Each head of a component of the Department of Defense shall provide to each covered individual described in paragraph (2) of such component seeking or having access to classified information or sensitive compartment information with administrative due process procedures described in paragraph (3) through the Defense Office of Hearings and Appeals. A covered individual described in this paragraph is a member of the Armed Forces, a civilian employee employed by a component of the Department of Defense, or a contractor employee described in Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities), or successor manual. The administrative due process procedures described in this paragraph are the administrative due process procedures described in Department of Defense Directive 5220.6 (relating to Defense Industrial Personnel Security Clearance Review Program), or successor directive, and Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding classified information within industry). In order to simplify, centralize, and unify the administrative processes for unfavorable security clearance eligibility determinations for covered individuals described in subsection (a)(2), the Secretary of Defense shall ensure that all hearings, appeals, and final denials and revocations of security clearance eligibility are performed by the Defense Office of Hearings and Appeals with administrative due process procedures. The Secretary of Defense shall update Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program) and Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities) to conform with the requirements of subsections (a) and (b). The Director of the Defense Office of Hearings and Appeals may render eligibility determinations for access to classified information and sensitive compartmented information pursuant to procedures and guidelines that the Director shall issue in consultation with the Director of National Intelligence. In a case in which a contractor or civilian employee of the Federal Government holding an active security clearance is seeking to transfer that clearance for a new position in the Department of Defense and in which an agency or department of the Federal Government possesses security relevant information about that clearance holder that is related to eligibility for access to classified information and makes known the existence of such security relevant information in the commonly accessible security clearance databases of the Federal Government, but without taking any action to suspend or revoke that clearance holder’s security clearance, the Department of Defense component considering the transfer of a clearance shall promptly make a request to receive the security relevant information from the agency or department in possession of such information. In a case in which an agency or department of the Federal Government receives a request to share security relevant information about a clearance holder pursuant to paragraph (1) but fails to do so within 30 days of the date on which the request is made, such failure shall trigger procedural and substantive due process rights, established for the purposes of carrying out this section, for the clearance holder to challenge the security relevant information as if the information were the equivalent of a suspension, denial, or revocation of the underlying clearance. Members of the Armed Forces and civilian employees of the Department of Defense may not be suspended without pay because a security clearance is suspended or revoked prior to the conclusion of any appeal process to enable such members and employee to support themselves during an appeal process and to support themselves without resigning from Government employment and thereby losing standing to appeal the suspension or revocation of access to classified information. This section shall take effect on the earlier of— the date on which the General Counsel of the Department of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Defense Office of Hearings and Appeals is prepared for the provisions of this section to take effect; or September 30, 2024. This section shall apply to revocations of eligibility to access classified information or sensitive compartmented information that occur on or after the date on which this section takes effect pursuant to paragraph (1). Nothing in this section shall be construed to diminish or otherwise affect the authority of the head of a component of the Department to suspend access to classified information or a special access program, including sensitive compartmented information, in exigent circumstances, should the head determine that continued access of a covered individual is inconsistent with protecting the national security of the United States.

1044. 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 the section heading, by striking Equipment and training of foreign personnel to assist in and inserting Assistance in support of; in subsection (b), by adding at the end the following new paragraph: Funds. by striking subsections (d) and (f); by redesignating subsection (e) as subsection (d); and by adding at the end the following new subsection: Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year. The table of sections at the beginning of chapter 20 of title 10, United States Code, is amended by striking the item relating to section 408 and inserting the following new item: (5)Funds.; (e)Annual reportNot later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.. 408. Assistance in support of Department of Defense accounting for missing United States Government personnel..

1045. Implementation of arrangements to build transparency, confidence, and security Section 2241 of title 10, United States Code, is amended by adding at the end the following new subsection: Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures. (d)Implementation of Vienna Document 2011Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures..

1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces Section 406 of title 39, United States Code, is amended by striking may authorize the use and inserting shall authorize the use. Not later than March 1, 2024, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the revision of the Financial Management Regulation to authorize individuals under subparagraph (A) of section 406(c)(1) of title 39, United States Code, as amended by subsection (a), to utilize the authority provided under such subparagraph. If there is a determination that this authority is not feasible for a legal or financial reason, the Secretary shall include the background for those determinations in the briefing.

1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel Section 714(b) of title 10, United States Code, is amended— by redesignating paragraph (6) as paragraph (7); in paragraph (5)— by redesignating subparagraph (C) as paragraph (6) and moving such paragraph, as so redesignated, two ems to the left; and by striking Duration of protection.— and all that follows through the period at the end of subparagraph (B) and inserting Duration of protection.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection.; in subparagraph (A) of paragraph (7), as redesignated by paragraph (1) of this subsection, by striking and of each determination under paragraph (5)(B) to extend such protection and security. Section 714 of title 10, United States Code, is further amended by adding at the end the following new subsection: The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement. (e)ReimbursementThe Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement..

1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts Not later than March 1, 2024, and annually thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on a publicly available internet website a list of capabilities required to expand accounting for persons missing from designated past conflicts and provide a briefing to Congress on those capabilities. The Defense POW/MIA Accounting Agency may enter into agreements with universities or research organizations to provide additional capabilities for specialized missions or research requirements.

1051. Annual report and briefing on implementation of Force Design 2030 Not later than March 31, 2024, and annually thereafter through March 31, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate implementation of Force Design 2030. Not later than September 30, 2024, and annually thereafter through September 30, 2030, the Commandant of the Marine Corps shall provide a briefing on the elements described under subsection (c). The report required under subsection (a) and briefing required under subsection (b) shall include the following elements: An assessment of changes in the National Defense Strategy, Defense Planning Guidance, Joint Warfighting Concept (and associated Concept Required Capabilities), and other planning processes that informed Force Design 2030. An inventory and assessment of Force Design-related exercises and experimentation beginning in fiscal year 2020, including which capabilities were involved and the extent to which such exercises and experiments validated or militated against proposed capability investments. An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— a timeline of the progress of each divestment; the type of force structure or equipment divested or reduced; the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage; the rationale and context behind such divestment; an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the Marine Corps’ ability to meet the requirements of the Global Force Management process and the operational plans, including through new investments, additional joint planning and training, or other methods; and an assessment of the Marine Corps’ recruitment and retention actual and projected percentages starting in fiscal year 2020. An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including— capability name; capability purpose and context; capability being replaced (or not applicable); date of initial operational capability; date of full operational capability; deliveries of units by year; and approved acquisition objective or similar inventory objective. A description of the amphibious warfare ship and maritime mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including a detailed statement of the planning assumptions about readiness of amphibious warfare ships and maritime mobility platforms that were used in developing the requirements. An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other military services. An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the previous two fiscal years and the expected ability to generate forces for the next two fiscal years. An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to availability of amphibious ships comprising an Amphibious Ready Group over the previous two fiscal years and the expected availability for the next two fiscal years. An assessment by the Marine Corps of its compliance with the statutory organization prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein. An assessment by the Marine Corps of its compliance with the statutory functions prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign.

1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a plan for converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the Joint Interagency Task Force North. The plan required by subsection (a) shall include the following: A description of the mission of the Joint Interagency Task Force North. A detailed description of the resources of the Department of Defense, including personnel, facilities, and operating costs, necessary to convert the Joint Task Force North into a joint interagency task force. An identification of— each relevant department and agency of the United States Government the participation in the Joint Interagency Task Force North of which is necessary in order to enable the Joint Interagency Task Force North to effectively carry out its mission; and the interagency arrangements necessary to ensure effective participation by each such department and agency. An identification of each international liaison necessary for the Joint Interagency Task Force North to effectively carry out its mission. A description of the bilateral and multilateral agreements with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North. A description of the relationship between the Joint Interagency Task Force North and the Joint Interagency Task Force South of the United States Southern Command. A description of the relationship between the Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas. A recommendation on whether the Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of the Joint Interagency Task Force North would transition to one or more entities within the United States Government other than the United States Northern Command. Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission. The plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex. Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on progress made in developing the plan required by subsection (a).

1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions Not later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of a study on the use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. The study conducted pursuant to subsection (a) shall— review both deployment and exercise requirements for tactical fighter aircraft and bomber aircraft levied by each geographic combatant command; assess deployable forces currently available to fulfill each of those requirements, and whether those forces are adequate to meet the global requirements; review any relevant tactical fighter forces or bomber forces that are not considered deployable or available to meet combatant command requirements, and consider whether that status can or should change; assess whether adequate consideration has been put into fighter coverage of the homeland during these deployments, in particular within the Alaska Area of Responsibility and the Hawaii Area of Responsibility; and assess Air Force and Navy active duty, Air National Guard, and reserve land-based tactical fighter units that could be considered for inclusion into homeland defense mission requirements.

1054. Modifications of reporting requirements Section 381(b) of title 10, United States Code, is amended— in the subsection heading, by striking Quarterly report and inserting Semiannual report; by striking calendar quarter and inserting calendar half; and by striking such calendar quarter and inserting such calendar half. Section 485 of title 10, United States Code, is amended— in the section heading, by striking Monthly and inserting Quarterly; and in subsection (a), by striking monthly and inserting quarterly. The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: Section 4811(a) of title 10, United States Code, is amended by striking The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043). and inserting The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title.. Section 4814 of title 10, United States Code, is amended— by amending the section heading to read as follows: by striking (a) Annual report.—; by striking March 1 of each year and inserting March 1 of each odd-numbered year; and by striking subsection (b). The table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following: Section 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking subparagraph (A). Section 1644 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 394 note; Public Law 116–92) is amended— in subsection (a) in the matter preceding paragraph (1) in the first sentence— by inserting effects after all named military cyberspace; and by striking , operations, cyber effects enabling operations, and cyber operations conducted as defensive operations and inserting conducted for either offensive or defensive purposes; and in subsection (c), by inserting or cyber effects operations for which Congress has otherwise been provided notice before the period. Section 1753 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92, 133 Stat. 1852) is hereby repealed. Section 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— in the subsection heading, by striking Quarterly and inserting Semiannual; and in paragraph (1)— in the matter preceding subparagraph (A), by striking quarterly and inserting semiannual; and in subparagraph (A), by striking 90-day and inserting 180-day. Section 1233(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— in the heading, by striking Quarterly and inserting Semiannual; and in paragraph (1) in the second sentence of the matter preceding subparagraph (A), by striking quarterly and inserting semiannual. Section 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 1528(a)) is amended to read as follows: Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. In this subsection, the term covered report means a report filed under any of the following (or any successor regulations): Section 331.19 of title 7, Code of Federal Regulations. Section 121.19 of title 9, Code of Federal Regulations. Section 73.19 of title 42, Code of Federal Regulations. Section 1250(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2529) is amended— in paragraph (1), by striking each year and inserting every other year; and in paragraph (2) in the matter preceding subparagraph (A), by striking for the fiscal year and inserting for the fiscal years. Section 240a of title 10, United States Code, is amended— by striking (a) Annual audit required.—; and by striking subsection (b). Section 240b(b) of title 10, United States Code, is amended— in paragraph (1)— in subparagraph (A), by striking June 30, 2019, and annually thereafter and inserting July 31 each year; in subparagraph (B)— by striking clauses (vii) through (x); and by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and by striking subparagraph (C); and in paragraph (2)— in subparagraph (A)— by striking June 30 and inserting July 31; and by striking the second sentence; and in subparagraph (b)— by striking June 30 and inserting July 31; and by striking the second sentence. Section 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking five days and inserting 10 days. 485. Quarterly counterterrorism operations briefings.. 4814.National Technology and Industrial Base: biennial report; 4814. National Technology and Industrial Base: biennial report.. (a)Notification(1)Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.(2)The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.(3)In this subsection, the term covered report means a report filed under any of the following (or any successor regulations):(A)Section 331.19 of title 7, Code of Federal Regulations.(B)Section 121.19 of title 9, Code of Federal Regulations.(C)Section 73.19 of title 42, Code of Federal Regulations..

4814. National Technology and Industrial Base: biennial report

1055. Report on equipping certain ground combat units with small unmanned aerial systems Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report on equipping platoon-sized ground combat formations with covered small unmanned aerial systems. The report submitted pursuant to subsection (a) shall address the following: The use of covered small unmanned aerial systems in the Ukraine conflict and best practices learned. The potential use of covered small unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces. Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding covered small unmanned aerial systems at the platoon level. A plan to equip platoon-sized ground combat formations in the close combat force with covered small unmanned aerial systems at a basis of issue deemed appropriate by the relevant secretary, including a proposed timeline and fielding strategy. A plan to equip such other ground combat units with covered small unmanned aerial systems as deemed appropriate by the relevant secretaries. An assessment of appropriate mission allocation between Group 3 unmanned aerial systems, Group 1 unmanned aerial systems, and covered small unmanned aerial systems. In this section, the term covered small unmanned aerial system means a lightweight, low-cost, and commercially available unmanned aerial system or drone able to be quickly deployed for— intelligence, surveillance, target acquisition, and reconnaissance; conducting offensive strikes; or other functions as deemed appropriate by the relevant secretaries.

1056. Comprehensive assessment of Marine Corps Force Design 2030 Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center to conduct an independent review, assessment, and analysis of the Marine Corps modernization initiatives. The required report shall be submitted to the congressional defense committees in written report form not later than one year after entering into the contract. The report required under subsection (a) shall include the following elements: An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements. An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between different options. An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Marine Corps’ published Force Design modernization plan on a timeline and at production rates sufficient to sustain military operations. An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization. An assessment of whether the Marine Corps is in compliance with the statutory organization and functions prescribed in section 8063 of title 10, United States Code. An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, in light of the published Force Design plan. The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts. An assessment of whether the Marine Corps’ modernization is consistent with the strategy of integrated deterrence. An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure. The extent to which the Marine Corps’ published plan for modernized capabilities can be integrated across the Joint Force, to include warfighting concepts at the combatant command level. The extent to which the Marine Corps’ modernization efforts currently meet the requirements of combatant commanders’ current plans and global force management operations, to include a description of what mechanisms exist to ensure geographic combatant requirements inform Marine Corps modernization efforts. The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods support the changes incorporated into the Marine Corps’ modernization initiatives, to include underlying assumptions and outcomes of such analyses. An inventory of extant or planned investments as part of the Marine Corps’ modernization efforts, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability: Command and Control. Information. Intelligence. Fires. Movement and Maneuver. Protection. Sustainment. An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— a timeline of the progress of each divestment; the type of force structure or equipment divested or reduced; the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage; the rationale and context behind such divestment; and an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans. An assessment of how observations regarding the invasion and defense of Ukraine affect the feasibility, advisability, and suitability of the Marine Corps’ published modernization plans. The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete.

1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense 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 appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, prioritizing production and processing in the United States, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. The strategy required by paragraph (1) shall— identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable, prioritizing production and processing in the United States; evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to expand supply chains and processing capacity for critical minerals in the United States; evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States; evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to expand supply chains and processing capacity for critical minerals in the United States and in countries that are allies or partners of the United States; identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, prioritizing production and processing in the United States, and taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. The strategy required by paragraph (1) shall be submitted in classified form but shall include an unclassified summary. In this section: The term appropriate committees of Congress means— the Committee on Armed Services of the Senate; and the Committee on Armed Services of the House of Representatives. The term covered country means— a covered nation, as defined in section 4872, title 10, United States Code; and any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act. The term critical mineral means a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense determines to be important to the national security of the United States for purposes of this Act. The term shortfall material means materials determined to be in shortfall in the most recent report on stockpile requirements submitted to Congress under subsection (a) of section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5) and included in the most recent briefing required by subsection (f) of that section.

1058. Quarterly briefing on homeland defense planning Not later than February 1, 2024, and every 90 days thereafter through February 1, 2026, the Secretary of Defense shall provide a briefing to the congressional defense committees on efforts to bolster homeland defense, which is the top priority under the 2022 National Defense Strategy. Each briefing required by subsection (a) shall include the following: A summary of any update made to the homeland defense planning guidance of the Department of Defense during the preceding quarter. An update on the latest threats to the homeland posed by the Government of the People's Republic of China, the Government of the Russian Federation, the Government of the Democratic People's Republic of Korea, the Government of Iran, and any other adversary. A description of actions taken by the Department during the preceding quarter to mitigate such threats. An assessment of threats to the homeland in the event of a conflict with any adversary referred to in paragraph (2). A description of actions taken by the Department during the preceding quarter to bolster homeland defense in the event of such a conflict. An update on coordination by the Department with Federal, State, and Tribal agencies to bolster homeland defense. Any other matter the Secretary considers relevant.

1059. Special operations force structure It is the sense of the Senate that— special operations forces have a vital and increasing role to play in strategic competition in addition to conducting counterterrorism operations and responding to crises; the demand for special operations forces and related capabilities by combatant commanders continues to exceed supply; special operations forces cannot be mass produced during a crisis; most special operations require non-special operations forces support, including engineers, technicians, intelligence analysts, and logisticians; reductions to special operations forces, including critical enablers, would dramatically and negatively impact available options for combatant commanders to engage in strategic competition, carry out counterterrorism operations, and respond to crises; and the Secretary of Defense should not consider any reductions to special operations force structure until after the completion of a comprehensive analysis of special operations force structure and a determination that any planned changes would not have a negative impact on the ability of combatant commanders to support strategic competition, counter terrorism, and respond to crises. Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report assessing the optimal force structure for special operations forces that includes the following elements: A description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code. A description of ongoing special operations activities, as described in section 167(k) of title 10, United States Code. An assessment of potential future national security threats to the United States across the spectrum of competition and conflict. A description of ongoing counterterrorism and contingency operations of the United States. A detailed accounting of the demand for special operations forces by geographic combatant command. A description of the role of emerging technology on special operations forces. An assessment of current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces. An assessment of the size, composition, and organizational structure of the military services’ special operations command headquarters and subordinate headquarters elements. An assessment of the readiness of special operations forces for assigned missions and future conflicts. An assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code. A description of the role of special operations forces in supporting the Joint Concept for Competing. Any other matters deemed relevant by the Secretary.

1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence 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 countering industrial espionage. The request required under subsection (a) shall include the following elements: A description of commercial and organically developed tools employed by the Department of Defense to— assess the risks of foreign malign ownership, control, or influence within the defense industrial base; mitigate vulnerability associated with, but no limited to, the People's Republic of China's, the Russian Federation's, Iran's, or North Korea's foreign ownership, control, or influence of any part of the acquisition supply chain; and vet program personnel to identify technologies and program components most at risk for industrial espionage. A description of specific commercial solutions the Department is currently leveraging to assess and mitigate these risks.

1061. Plan on countering human trafficking Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit a plan to the congressional defense committees for coordinating with defense partners in North America and South America and supporting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human trafficking by transnational criminal organizations. The plan under subsection (a) shall include— a description of the threat to United States security from human trafficking operations; a description of the authorities of the Department of Defense for the purposes specified in subsection (a); a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations. Not later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the congressional defense committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations.

1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba Not later than April 30, 2024, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and report on whether United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States. The briefing and report required by subsection (a) shall— consider— the presence and activities in Cuba of the militaries of foreign governments, such as the Russian Federation and the People's Republic of China; and to what extent the presence and activities of those militaries could compromise the national security of the United States or of United States allies and partners; and discuss— options for dealing with the presence and activities of those militaries in Cuba; and how different use by the United States of United States Naval Station, Guantanamo Bay, might mitigate risk.

1071. Matters related to irregular warfare Congress affirms that the Secretary of Defense is authorized to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, for the purposes of joint doctrine, define the term irregular warfare. Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). The introduction of United States Armed Forces, within the meaning of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.), into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.

1072. Joint concept for competing implementation updates Not later than March 1, 2024, and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide the congressional defense committees with a written update with accompanying briefing on the implementation of the Joint Concept for Competing, released on February 10, 2023. At a minimum, the written updates and briefings required by subsection (a) shall include— a detailed description of the Joint Staff’s efforts to develop integrated competitive strategies to address the challenges posed by specific adversaries, including those designed to— deter aggression; prepare for armed conflict, if necessary; counter the competitive strategies of adversaries; and support the efforts of interagency, allies and foreign partners, and interorganizational partners; an identification of relevant updates to joint doctrine and professional military education; an update on the Joint Concept for Competing’s concept required capabilities; an explanation of the integration of the Joint Concept for Competing with other ongoing and future joint force development and design efforts; a description of efforts to operationalize the Joint Concept for Competing through a structured approach, including to provide strategic guidance and direction, identify and optimize Joint Force interdependencies with interagency and allied partners, and inform and guide joint force development and design processes; an articulation of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing; a description of efforts to coordinate and synchronize Department of Defense activities with those of other interagency and foreign partners for the purpose of integrated campaigning; an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of other interagency and foreign partners; an identification of any changes to authorities and resources necessary to fully implement the Joint Concept for Competing; and a description of any other matters deemed relevant by the Chairman of the Joint Chiefs of Staff.

1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the following reports are submitted to the Committees on Armed Services of the Senate and the House of Representatives: The 2021 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2021. The 2023 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2023. Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives: The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(1), if applicable. The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(2), if applicable. Section 153 of title 10, United States Code, is amended by adding at the end the following new subsection: Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section. The briefing shall include— a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph; an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives. (d)Briefing requirement(1)Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section.(2)The briefing shall include—(A)a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph;(B)an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and(C)if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives..

1074. Notification of safety and security concerns at certain Department of Defense laboratories The Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level (BSL)-3 or higher for safety or security reasons. The notification required under subsection (a) shall include— the reason why operations have ceased at the laboratory or facility; whether appropriate notification to other Federal agencies has occurred; a description of the actions taken to determine the root cause of the cessation; and a description of the actions taken to restore operations at the laboratory or facility.

1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam The Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the capacity of existing infrastructure, resources, and personnel available in Guam to meet Indo-Pacific Command strategic objectives. The assessment under subsection (a) shall include the following elements: An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region. An assessment of whether current infrastructure, capacity, resources, and personnel in Guam is sufficient to meet the expected demands during relevant operations and contingency scenarios. An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including the resilience of such infrastructure in the event of a natural disaster and the vulnerability of such infrastructure to cyber threats. Recommendations to improve current infrastructure, capacity, resources, and personnel in Guam, to include the need for recruiting and retention programs, such as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam. An assessment of the implementation of Joint Task Force Micronesia, including the Commander’s assessment of requirements for funding, resources, and personnel as compared to what has been programmed in the fiscal year 2024 Future Years Defense Program. Timeline and estimated costs by location and project to support both existing and future roles in the region. Any other matters determined relevant by the Secretary. Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the assessment required under subsection (a).

1076. Program and processes relating to foreign acquisition Each geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two acquisition specialists or contracting officers to advise the combatant command on foreign arms transfer processes, including the foreign military sales and direct commercial sales processes, for the purpose of facilitating the effective implementation of such processes. Not later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an industry day— to raise awareness and understanding among officials of foreign governments, embassy personnel, and industry representatives with respect to the role of the Department of Defense in implementing the foreign military sales and direct commercial sales processes; and to raise awareness— within the United States private sector with respect to— foreign demand for United States weapon systems; and potential foreign industry partnering opportunities; and among officials of foreign governments and embassy personal with respect to potential United States material solutions for capability needs. In conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the commercial defense industry and government officials while minimizing cost, by— convening the industry day at the unclassified security level; making the industry day publicly accessible through teleconference or other virtual means; and disseminating any supporting materials by posting the materials on a publicly accessible internet website. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the commercial defense industry, shall establish a senior-level industry advisory group, modeled on the Defense Trade Advisory Group of the Department of State and the Industry Trade Advisory Committees of the Department of Commerce, for the purpose of focusing on the role of the Department of Defense in the foreign military sales process. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish the group described in paragraph (1). Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each establish a single point of contact— to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and to respond to inquiries from representatives of the commercial defense industry and partner countries. The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for the corresponding point of contact established under paragraph (1) is— publicized at each industry day conducted under subsection (b); and disseminated among the members of the advisory group established under subsection (f). Not later than July 1 each year until 2030, the commander of each geographic combatant command shall provide to the Under Secretary of Defense for Acquisition and Sustainment a list of systems relating to research and development or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the commander. This section shall cease to have effect on December 31, 2028.

1077. Technical and conforming amendments related to the Space Force Section 152(c) of title 10, United States Code, is amended by striking or, in the case of an officer of the Space Force, the equivalent grade,. Section 181(c)(1)(F) of such title is amended by striking in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy and inserting in the grade of general. Section 531(a) of such title is amended— in paragraph (1), by striking and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy; and in paragraph (2), by striking and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy. Section 533(b)(2) of such title is amended— by striking , or Marine Corps, captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force or captain in the Navy. Section 601(e) of such title is amended— by striking or Marine Corps and inserting Marine Corps, or Space Force, or; and by striking or the commensurate grades in the Space Force,. Section 611(a) of such title is amended by striking or Marine Corps and inserting Marine Corps, or Space Force. Section 615(a)(3) of such title is amended— in subparagraph (B)(i), by striking , in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, lieutenant; and in subparagraph (D), by striking in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, rear admiral. Section 628a(a)(1)(A) of such title is amended by striking , rear admiral in the Navy, or an equivalent grade in the Space Force and inserting or rear admiral in the Navy. Section 741(a) of such title is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force. Section 1370 of such title is amended— in subsection (a)(2), by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy; in subsection (b)— in paragraph (1)— in the matter preceding subparagraph (A), by striking or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant in the Navy; and in subparagraph (B), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy; in paragraph (4), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy; in paragraph (5)— in subparagraph (A), by striking or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant commander in the Navy; in subparagraph (B), by striking or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or commander or captain in the Navy; and in subparagraph (C), by striking or Marine Corps, rear admiral (lower half) or rear admiral in the Navy and inserting Marine Corps, or Space Corps, or rear admiral (lower half) or rear admiral in the Navy; and in paragraph (6), by striking , or an equivalent grade in the Space Force,; in subsection (c)(1), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy; in subsection (d)— in paragraph (1), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy; and in paragraph (3), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy; in subsection (e)(2), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy; in subsection (f)— in paragraph (3)— in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy; and in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy; and in paragraph (6)— in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting , Marine Corps, or Space Force, or rear admiral in the Navy; and in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy; and in subsection (g), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy. Section 1370a of such title is amended— in subsection (d)(1), by striking or Marine Corps both places it appears and inserting Marine Corps, or Space Force; and in subsection (h), by striking or Marine Corps and inserting Marine Corps, or Space Force. Section 1406(i)(3)(B)(v) of such title is amended by striking The senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force. Section 2107 of such title is amended— in subsection (a)— by striking , as a and inserting or as a; and by striking or Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting Marine Corps, or Space Force; and in subsection (d), by striking lieutenant, ensign, or an equivalent grade in the Space Force, and inserting lieutenant or ensign,. Section 9016(b)(6)(B)(iv)(II) of title 10, United States Code, is amended by striking Space and Missile Systems Center and inserting Space Systems Command. Section 9082 of such title is amended— in subsection (a), by striking , flag, or equivalent both places it appears; and in subsection (b), by striking grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy and inserting grade of general. Section 9279(a) of such title is amended– by adding or Space Force after Air Force; and by adding or space after aerial. Section 9280(a)(1) of such title is amended by adding or Space Force after Air Force. Section 9341 of such title is amended— in subsection (a)(2), by striking or the Space Force; and in subsection (b), by striking or Reserve. Section 9414b(a)(2)(B) of such title is amended by striking or the equivalent grade in the Space Force. Section 9436 of such title is amended— in subsection (a)— in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force; in the second sentence— by inserting or Regular Space Force after Regular Air Force; and by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force; and in the third sentence, by striking in the Air Force or the equivalent grade in the Space Force; and in subsection (b)— in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force both places it appears; and in the second sentence— by inserting or Regular Space Force after Regular Air Force; and by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force. Section 9453(b) of such title is amended by striking in the equivalent grade in. Footnote 2 of the table titled ENLISTED MEMBERS in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note) is amended by striking the senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force. Section 210(c)(5) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force. Section 414(b) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force.

1078. Authority to establish commercial integration cells within certain combatant commands The Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command may each establish— a commercial integration cell within their respective combatant command for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and a chief technology officer position within their respective combatant command, who may— oversee such commercial integration cell; and report directly to the commander of the applicable combatant command. In establishing the commercial integration cells under subsection (a)(1), each commander described in that paragraph may— make the applicable commercial integration cell available to commercial entities with existing Government contracts up to the Top Secret/Sensitive Compartmented Information clearance level; ensure that such commercial integration cell is an information-sharing partnership rather than a service contract; in the case of a solution identified within the commercial integration cell that requires resources, work within existing resources or processes to request such resources; and integrate lessons learned from the commercial integration cells of the United States Space Command and the United States Central Command. Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each provide to the Committees on Armed Services of the Senate and the House of Representatives— a briefing on whether a commercial integration cell was implemented and any related progress, including any challenges to implementation; in the case of a commander of a combatant command who chooses not to use the authority provided in this section to establish a commercial integration cell or a chief technology officer— an explanation for not using such authority; and a description of the manner in which such commander is otherwise addressing the need to integrate commercial solutions; and in the case of a combatant command that has an official performing a role similar to the role described for a chief technology officer under subsection (a)(2), a detailed description of the role performed by such official.

1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes Section 1062 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2241 note) is amended by striking subsection (b).

1080. Modification of definition of domestic source for title III of Defense Production Act of 1950 Section 702(7) of such Act (50 U.S.C. 4552(7)) is amended— by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; by striking The term and inserting the following: Except as provided in subparagraph (B), the term in clause (ii), as redesignated by paragraph (1), by striking subparagraph (A) and inserting clause (i); and by adding at the end the following new subparagraph (B): For purposes of title III, the term domestic source means a business concern that— performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in— the United States or Canada; or subject to clause (ii), Australia or the United Kingdom; and procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). For purposes of subclause (I), a national defense matter is a matter relating to the development or production of— a defense article, as defined in section 301 of title 10, United States Code; or a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)). Title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by adding at the end the following new section: The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— except as provided by paragraph (2), not later than 30 days after taking the action; and in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include— a justification of the necessity of the use of authorities under this title; and a description of the financial terms of any related financial transaction. Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— a certification that business concerns in the United States or Canada were not available with respect to the action; and an analysis of why such business concerns were not available. In this section, the term appropriate congressional committees means— the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (A)In generalExcept as provided in subparagraph (B), the term; (B)Domestic source for title III(i)In generalFor purposes of title III, the term domestic source means a business concern that—(I)performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—(aa)the United States or Canada; or(bb)subject to clause (ii), Australia or the United Kingdom; and(II)procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.(ii)Limitations on use of business concerns in Australia and United Kingdom(I)In generalA business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).(II)National defense mattersFor purposes of subclause (I), a national defense matter is a matter relating to the development or production of—(aa)a defense article, as defined in section 301 of title 10, United States Code; or (bb)a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)).. 305.Reports on exercise of authorities(a)In generalThe President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—(1)except as provided by paragraph (2), not later than 30 days after taking the action; and(2)in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.(b)Elements(1)In generalEach report and briefing required by subsection (a) with respect to an action described in that subsection shall include—(A)a justification of the necessity of the use of authorities under this title; and(B)a description of the financial terms of any related financial transaction.(2)Additional elements relating to business concerns in the United Kingdom or AustraliaEach report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—(A)a certification that business concerns in the United States or Canada were not available with respect to the action; and(B)an analysis of why such business concerns were not available.(c)Appropriate congressional committees definedIn this section, the term appropriate congressional committees means—(1)the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and(2)in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives..

305. Reports on exercise of authorities The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— except as provided by paragraph (2), not later than 30 days after taking the action; and in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include— a justification of the necessity of the use of authorities under this title; and a description of the financial terms of any related financial transaction. Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— a certification that business concerns in the United States or Canada were not available with respect to the action; and an analysis of why such business concerns were not available. In this section, the term appropriate congressional committees means— the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce It shall be a policy of the Armed Forces, including the reserve components, to establish appropriate and effective talent development and management policies and practices that allow for the military departments to present an adaptable, qualified workforce training and education standard with respect to computer programming skill needs for the workforce of the Department of Defense, including technical and nontechnical skills related to artificial intelligence and software coding. The Secretary of Defense, in consultation with the Secretaries of each military department and the Chairman of the Joint Chiefs of Staff, shall develop a strategy to achieve the policy set forth in subsection (a). The strategy required by paragraph (1) shall include— the development, funding, and execution of a coherent approach and transparent strategy across digital platforms and applications that enable development and presentation of forces with appropriate programmatic oversight for both active and reserve component workforces; the evaluation of the potential need for career field occupational codes or other service-specific talent management mechanisms aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering under the Department of Defense Cyber Workforce Framework to allow for the military departments to identify, assess, track, manage, and assign personnel with computer programming, coding, and artificial intelligence skills through established mechanisms, under the policies of the military departments with respect to career field management, including— development, modification, or revalidation of a career field or separate occupational code for computer programming occupational areas aligned with such work roles; and development, modification, or revalidation of a unique special skills or experience designator or qualification, tracked independently of a career field, for computer programming occupational areas aligned with such work roles; the evaluation of current talent management processes to incorporate equivalency assessment as part of the qualification standard to accommodate experiences, training, or skills developed as a result of other work experience or training opportunities, including potentially from civilian occupations or commercially-available training courses assessment of members of the Armed Forces who have completed the qualification process of the military department concerned or who qualify based on existing skills and training across computer programming occupational areas; and maintaining data on, and longitudinal tracking of, members of the Armed Forces described in subparagraph (D). The Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall— be responsible for development and implementation of the policy set forth in subsection (a) and strategy required by subsection (b); and carry out that responsibility through an officer or employee of the military department assigned by the Secretary for that purpose. In developing and providing for the implementation of the policy set forth in subsection (a) and strategy required by subsection (b), the Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the military department, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall establish and update relevant policies and practices to enable the talent development and management to provide a workforce capable of conducting computer programming, software coding, and artificial intelligence activities, including by meeting related manning, systems, training, and other related funding requirements. Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives the strategy required by subsection (b). Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a implementation plan for the strategy required by subsection (b), including identification of resource needs and areas where current internal policy or legal statutes may need to be updated. In this section: The term computer programming occupational area means a technical or nontechnical occupational position that supports computer programming, coding, or artificial intelligence operations and development, including the following positions: Data scientists. Data engineers. Data analysts. Software developers. Machine learning engineers. Program managers. Acquisition professionals. The term digital platform or application means an online integrated personnel management system or human capital solution. The term qualification process— means the process, modeled on a streamlined version of the process for obtaining joint qualifications, for training and verifying members of the Armed Forces to receive career field or occupational codes associated with computer programming occupational areas; and may include— experiences, education, and training received as a part of military service, including fellowships, talent exchanges, positions within government, and educational courses; and in the case of members of the reserve components, experiences, education, and training received in their civilian occupations. The term standard means the defined, reviewed, and published standard for occupational series or career fields that provides a measurable standard by which the military departments can assess the ability to meet their operational planning and steady-state force presentation requirements during the global force management process.

1082. Limitation on availability of funds for destruction of landmines Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c). Subsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary of Defense determines are unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following: A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including methods for commanders to seek waivers to use such munitions. Projections covering the period of 10 years following the date of the report of— the inventory levels for all anti-personnel landmine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the munitions, storage and safety considerations, and any other factors that are expected to impact the size of the inventory; the cost to achieve the inventory levels projected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and the cost to develop and produce new anti-personnel landmine munitions the Secretary determines are necessary to meet the demands of operational plans. An assessment by the Chairman of the Joint Chiefs of Staff of the effects of the inventory levels projected under subparagraph (B)(i) on operational plans. Any inputs by the Chairman and the commanders of the combatant commands to a policy process that resulted in a change in landmine policy during the calendar year preceding the date of the enactment of this Act. Any other matters that the Secretary determines appropriate for inclusion in the report. The report required by 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 Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions. The briefing required by paragraph (1) may contain classified information. In this section, the term anti-personnel landmine munitions includes anti-personnel landmines and submunitions, as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, concluded at Oslo September 18, 1997, as determined by the Secretary.

1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1102 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking through 2023 and inserting through 2024.

1102. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1103 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking 2024 and inserting 2025.

1103. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay Section 5531(2) of title 5, United States Code, is amended by striking Government corporation and and inserting Government corporation, but excluding.

1104. Exception to limitation on number of Senior Executive Service positions for the Department of Defense Section 1109(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2449; 5 U.S.C. 3133 note) is amended by adding at the end the following new paragraph: The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense. (3)ExceptionThe limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense..

1105. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense Section 143(b) of title 10, United States Code, is amended by striking “(including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense)”.

1106. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories Section 4091 of title 10, United States Code, is amended— in subsection (a)(1), by striking bachelor’s degree and inserting bachelor’s or advanced degree; in subsection (c)— in the subsection heading, by striking calendar year and inserting fiscal year ; in the matter preceding paragraph (1), by striking calendar year and inserting fiscal year; in paragraph (1), by striking 6 percent and inserting 11 percent; and in paragraphs (1), (2), and (3), by striking the fiscal year last ending before the start of such calendar year and inserting the preceding fiscal year; by striking subsection (f); and by redesignating subsection (g) as subsection (f).

1107. Expansion and extension of direct hire authority for certain personnel of the Department of Defense Section 9905 of title 5, United States Code, is amended— in subsection (a), by adding at the end the following new paragraphs: Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need and shortage of candidates. Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need and shortage of candidates. Any position in support of the Office of the Inspector General of the Department relating to oversight of the conflict in Ukraine for which the Secretary determines there is a critical hiring need and shortage of candidates. in subsection (b)(1), by striking September 30, 2025 and inserting September 30, 2030. (12)Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need and shortage of candidates.(13)Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need and shortage of candidates.(14)Any position in support of the Office of the Inspector General of the Department relating to oversight of the conflict in Ukraine for which the Secretary determines there is a critical hiring need and shortage of candidates.; and

1108. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates Section 1106(d) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by striking September 30, 2025 and inserting September 30, 2030.

1109. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base Section 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by striking through 2025, and inserting through 2028,.

1110. Authority to employ civilian faculty members at Space Force schools Section 9371 of title 10, United States Code, is amended— in the section heading, by inserting and Space Delta 13 after Air University in subsection (a), by inserting or of the Space Delta 13 after Air University; and in subsection (c)— in paragraphs (1), by inserting or of the Space Delta 13 after Air University; and in paragraph (2), by inserting or of the Space Delta 13 after Air University. The table of sections at the beginning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item: 9371. Air University and Space Delta 13: civilian faculty members..

1111. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management Section 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (5 U.S.C. 3393 note) is amended— in subsection (d)— in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraph (4); in paragraph (2), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraph (4); by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph (3): Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following: The number and type of appointments made under this section between August 13, 2018, and the date of the report. Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. An assessment of the utility of the appointment authority and process under this section. An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018. Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. in subsection (e), by striking August 13, 2023 and inserting September 30, 2025. (3)Additional reportNot later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following:(A)The number and type of appointments made under this section between August 13, 2018, and the date of the report.(B)Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report.(C)An assessment of the utility of the appointment authority and process under this section.(D)An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018.(E)Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service.; and

1112. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations Section 419(d)(5)(B) of title 5, United States Code, is amended by striking 2 years and inserting 5 years.

1113. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians Section 3330d of title 5, United States Code, is amended— in the section heading, by inserting and Department of Defense civilian after military; in subsection (a), by adding at the end the following: The term spouse of an employee of the Department of Defense means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty. in subsection (b)— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting ; or; and by adding at the end the following: a spouse of an employee of the Department of Defense. The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3330d and inserting the following: With respect to the noncompetitive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall— monitor the number of those appointments; require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and not later than 18 months after the date of enactment of this Act, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the use and effectiveness of the authority described in subparagraph (B). With respect to the noncompetitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management— shall treat the spouse as a relocating spouse under paragraph (1); and may limit the number of those appointments. Effective on December 31, 2028— the authority provided by this section, and the amendments made by this section, shall expire; and the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted. (4)The term spouse of an employee of the Department of Defense means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty.; and (3)a spouse of an employee of the Department of Defense.. 3330d. Appointment of military and Department of Defense civilian spouses..

1114. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities Section 9902(h) of title 5, United States Code, is amended— in paragraph (1)(B), by striking and the Comptroller General,; by striking paragraph (2); and by redesignating paragraph (3) as paragraph (2).

1115. Amendments to the John S. McCain Strategic Defense Fellows Program Subsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 1580 note prec.; Public Law 115–232) is amended to read as follows: Out of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions: The Northeast United States. The Southeast United States. The Midwest United States. The Southwest United States. The Western United States. Alaska, Hawaii, United States territories, and areas outside the United States. Such section is further amended— in subsection (d)(3)— by striking assigned and inserting appointed; and by striking assignment and inserting appointment; and by amending subsections (e) and (f) to read as follows: The Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department. Each year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. The Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1). In making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment. The term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year. The Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual. To the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary. In this subsection, the term element of the Department means an element of the Department specified in section 111(b) of title 10, United States Code. The Secretary of Defense shall ensure that participants in the fellows program— receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program. The Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program. (2)Geographical representationOut of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions:(A)The Northeast United States.(B)The Southeast United States.(C)The Midwest United States.(D)The Southwest United States.(E)The Western United States.(F)Alaska, Hawaii, United States territories, and areas outside the United States.. (e)Appointment during participation in fellows program(1)In generalThe Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department. (2)Placement opportunitiesEach year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. (3)Qualification requirementsThe Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1). (4)Matching qualifications, skills, and requirementsIn making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment.(5)TermThe term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year.(6)GradeThe Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual.(7)Education loan repaymentTo the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary.(8)Element of the Department definedIn this subsection, the term element of the Department means an element of the Department specified in section 111(b) of title 10, United States Code.(f)Career development(1)In generalThe Secretary of Defense shall ensure that participants in the fellows program—(A)receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and(B)are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program.(2)Publication of selectionThe Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program..

1116. Civilian Cybersecurity Reserve pilot project In this section, the term temporary position means a position in the competitive or excepted service for a period of 180 days or less. The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively— preempt, defeat, deter, or respond to malicious cyber activity; conduct cyberspace operations; secure information and systems of the Department of Defense against malicious cyber activity; and assist in solving cyber workforce-related challenges. In carrying out this section, the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. During the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under this section, and during any period in between any such appointments, the individual shall not be considered a Federal employee. Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— individuals to be eligible for the Civilian Cybersecurity Reserve; and the application and selection processes for the Civilian Cybersecurity Reserve. The criteria established under paragraph (1)(A) with respect to an individual shall include— if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and cybersecurity expertise. The Secretary shall— conduct a prescreening of each individual prior to appointment under this section for any topic or product that would create a conflict of interest; and require each individual appointed under this section to notify the Secretary if a potential conflict of interest arises during the appointment. An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. The Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member. Not later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps, the Secretary of the Army shall— submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and provide to the congressional defense committees a briefing on the implementation plan. The Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1). Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). Not later than one year after the date on which the guidance required under subsection (f) is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot project, including— participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; an evaluation of the ethical requirements of the pilot project; whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and an evaluation of the eligibility requirements for the pilot project. Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the congressional defense committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and an evaluation of the eligibility requirements for the pilot project. Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— conduct a study evaluating the pilot project; and submit to Congress— a report on the results of the study; and a recommendation with respect to whether the pilot project should be modified. The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established.

1201. Middle East integrated maritime domain awareness and interdiction capability The Secretary of Defense, using existing authorities, shall seek to build upon the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). The strategy required by paragraph (1) shall include the following: An assessment of the threats posed to ally or partner countries in the Middle East by— manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct, and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. A description of progress made in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— provide awareness of and defend against such threats; and address current capability gaps. An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. An identification of any challenge to optimizing such an architecture in the Middle East. An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). Recommendations for improvements in the implementation of such strategy based on such metrics. An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. Any other matter the Secretary of Defense considers relevant. The Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. The Secretary of Defense shall conduct a study on the feasibility and advisability of establishing an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. The study required by paragraph (1) shall include— an assessment of funds that could be contributed by ally and partner countries of the United States; and a cost estimate of establishing such an integrated maritime domain awareness and interdiction capability. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1). 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. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.

1202. Authority to provide mission training through distributed simulation To enhance the interoperability and integration between the United States Armed Forces and the military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, is authorized— to provide to military personnel of a friendly foreign government persistent advanced networked training and exercise activities (in this section referred to as mission training through distributed simulation); and to provide information technology, including hardware and computer software developed for mission training through distributed simulation activities. Mission training through distributed simulation provided under subsection (a) may include advanced distributed network training events and computer-assisted exercises. The provision of mission training through distributed simulation and information technology under this section shall be subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control authority under law relating to the transfer of military technology to foreign countries. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of mission training through distributed simulation by military personnel of friendly foreign countries. The report required by paragraph (1) shall include the following: A description of ongoing mission training through distributed simulation activities between the United States Armed Forces and the military forces of friendly foreign countries. A description of the current capabilities of the military forces of friendly foreign countries to support mission training through distributed simulation activities with the United States Armed Forces. A description of the manner in which the Department intends to use mission training through distributed simulation activities to support implementation of the National Defense Strategy, including in areas of responsibility of the United States European Command and the United States Indo-Pacific Command. Any recommendation of the Secretary of Defense for legislative proposals or policy guidance regarding the use of mission training through distributed simulation activities. In this subsection, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. The authority provided in this section shall terminate on December 31, 2025.

1204. Extension of legal institutional capacity building initiative for foreign defense institutions Section 1210(e) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking December 31, 2024 and inserting December 31, 2028.

1206. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking December 31, 2023 and inserting December 31, 2025.

1207. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations Section 1207(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2342 note) is amended by striking December 31, 2024 and inserting December 31, 2029.

1208. Limitation on availability of funds for International Security Cooperation Program Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for the International Security Cooperation Program, not more than 75 percent may be obligated or expended until the Secretary of Defense submits the security cooperation strategy for each covered combatant command required by section 1206 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1960).

1209. Modification of Department of Defense security cooperation workforce development Section 384 of title 10, United States Code, is amended— in subsection (d)— by striking The Program and inserting the following: The Program by adding at the end the following new paragraphs: The Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate an entity within the Department of Defense to serve as the lead entity for managing the implementation of the Program. The entity designated under subparagraph (A) shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following: Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise. Providing training requirements specified at the requisite proficiency levels for each position. The Secretary of Defense shall ensure that, not less frequently than annually, each military department, combatant command, defense agency, and any other entity involved in managing the security cooperation workforce submits to the entity designated under subparagraph (A) a report containing information necessary for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency. The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, combatant command, and defense agency provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce. in subsection (e), by adding at the end the following new paragraph: Not later than 270 days after the date of the enactment of this paragraph, and biannually thereafter through fiscal year 2028, the Secretary of Defense, in coordination with the Secretary of State, shall issue updated guidance for the execution and administration of the Program. The updated guidance required by subparagraph (A) shall— fulfill each requirement set forth in paragraph (3), as appropriate; and include an identification of the manner in which the Department of Defense shall ensure that personnel assigned to security cooperation offices within embassies of the United States are trained and managed to a level of proficiency that is at least equal to the level of proficiency provided to the attaché workforce by the Defense Attaché Service. by redesignating subsections (f) through (h) as subsections (h) through (j), respectively; and by inserting after subsection (e) the following new subsections (f) and (g): The Secretary of Defense shall direct an existing schoolhouse within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution. The objectives of the Foreign Military Sales Center of Excellence shall include— conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program. The Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University. The charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include— management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense; management and provision of institutional capacity-building services executed by the Department of Defense; and advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning. In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University. The Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). The Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose. A qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose. A grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes. The Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants. The Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this section. (1)In generalThe Program; and (2)Managing entity(A)DesignationThe Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate an entity within the Department of Defense to serve as the lead entity for managing the implementation of the Program. (B)DutiesThe entity designated under subparagraph (A) shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following:(i)Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise.(ii)Providing training requirements specified at the requisite proficiency levels for each position. (C)ReportingThe Secretary of Defense shall ensure that, not less frequently than annually, each military department, combatant command, defense agency, and any other entity involved in managing the security cooperation workforce submits to the entity designated under subparagraph (A) a report containing information necessary for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency. (3)Security cooperation workforce management information systemThe Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, combatant command, and defense agency provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce.; (4)Updated guidance(A)In generalNot later than 270 days after the date of the enactment of this paragraph, and biannually thereafter through fiscal year 2028, the Secretary of Defense, in coordination with the Secretary of State, shall issue updated guidance for the execution and administration of the Program. (B)ScopeThe updated guidance required by subparagraph (A) shall—(i)fulfill each requirement set forth in paragraph (3), as appropriate; and(ii)include an identification of the manner in which the Department of Defense shall ensure that personnel assigned to security cooperation offices within embassies of the United States are trained and managed to a level of proficiency that is at least equal to the level of proficiency provided to the attaché workforce by the Defense Attaché Service.; (f)Foreign Military Sales Center of Excellence(1)EstablishmentThe Secretary of Defense shall direct an existing schoolhouse within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution.(2)ObjectivesThe objectives of the Foreign Military Sales Center of Excellence shall include—(A)conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and(B)enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program. (g)Defense Security Cooperation University(1)CharterThe Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University.(2)MissionThe charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include—(A)management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense;(B)management and provision of institutional capacity-building services executed by the Department of Defense; and(C)advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning.(3)Cooperative research and development arrangements(A)In generalIn engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University.(B)Treatment as Government-operated Federal laboratoryThe Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).(4)Acceptance of research grants(A)In generalThe Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose.(B)Qualifying grantsA qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose.(C)Entities from which grants may be acceptedA grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.(D)Administration of grant fundsThe Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.(E)Related expensesSubject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants.(F)RegulationsThe Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this section..

1210. Modification of authority to provide support to certain governments for border security operations Section 1226(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by adding at the end the following: To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan. To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan. To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan. (G)To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan.(H)To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan.(I)To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan..

1211. Modification of Defense Operational Resilience International Cooperation Pilot Program Section 1212 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2834; 10 U.S.C. 311 note) is amended— in subsection (a), by striking military forces and inserting national security forces; in subsection (c)— in paragraph (1)— in subparagraph (A), by striking military-to-military relationships and inserting relationships with the national security forces of partner countries; and in subparagraph (C), by striking military forces and inserting national security forces; and by adding at the end the following new paragraph: A program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, supplies (including consumables), and small-scale construction (as such terms are defined in section 301 of title 10, United States Code). in subsection (e)(3)(A), by striking military force and inserting national security forces; and by adding at the end the following new subsection: In this section, the term national security forces has the meaning given the term in section 301 of title 10, United States Code. (4)Sustainment and non-lethal assistanceA program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, supplies (including consumables), and small-scale construction (as such terms are defined in section 301 of title 10, United States Code).; (g)National security forces definedIn this section, the term national security forces has the meaning given the term in section 301 of title 10, United States Code..

1212. Assistance to Israel for aerial refueling The Secretary of the Air Force shall— make available sufficient resources and accommodations within the United States to train members of the Israeli Air Force on the operation of KC–46 aircraft; conduct training for members of the Israeli Air Force, including— training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the Israeli Air Force; and training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations; and conduct the timing of such training so as to ensure that the first group of trainee members of the Israeli Air Force is anticipated to complete the training not later than 2 weeks after the date on which the first KC–46 aircraft is delivered to Israel. The Secretary of Defense shall, with respect to members of the Israeli Air Force associated with the operation of KC–46 aircraft— before the completion of the training required by paragraph (1)(B), authorize the participation of such members of the Israeli Air Force in the United States Air Force Military Personnel Exchange Program; make available billets in the United States Air Force Military Personnel Exchange Program necessary for such members of the Israeli Air Force to participate in such program; and to the extent practicable, ensure that such members of the Israeli Air Force are able to participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training. This subsection shall cease to have effect on the date that is ten years after the date of the enactment of this Act. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes the following: An assessment of— the current operational requirements of the Government of Israel for aerial refueling; and any gaps in current or near-term capabilities. The estimated date of delivery to Israel of KC–46 aircraft procured by the Government of Israel. A detailed description of— any actions the United States Government is taking to expedite the delivery to Israel of KC–46 aircraft procured by the Government of Israel, while minimizing adverse impacts to United States defense readiness, including strategic forces readiness; any additional actions the United States Government could take to expedite such delivery; and additional authorities Congress could provide to help expedite such delivery. A description of the availability of any United States aerial refueling tanker aircraft that is retired or is expected to be retired during the two-year period beginning on the date of the enactment of this Act that could be provided to Israel. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which a KC–46 aircraft procured by the Government of Israel is commissioned into the Israeli Air Force and achieves full combat capability. Subject to subparagraphs (B) and (C), the Secretary of Defense shall, consistent with maintaining United States defense readiness, rotationally deploy one or more KC–46 aircraft to Israel until the earlier of— the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or five years after the date of the enactment of this Act. The Secretary of Defense may only carry out a rotational deployment under subparagraph (A) if the Government of Israel consents to the deployment. The Secretary of Defense shall consult with the Government of Israel to determine the length of rotational deployments of United States KC–46 aircraft to Israel until the applicable date under subparagraph (A).

1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) is amended, in the matter preceding paragraph (1), by striking December 31, 2023 and inserting December 31, 2024. Subsection (l)(3) of such section is amended— in subparagraph (A), by striking The President and all that follows through if the President and inserting The Secretary of Defense may waive the limitations under paragraph (1) for the purposes of providing support under subsection (a)(4) if the Secretary; by striking subparagraph (B); in subparagraph (C), by striking as required by subparagraph (B)(ii)(I); in subparagraph (D), by striking December 31, 2023 and inserting December 31, 2024; and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

1224. Briefing on nuclear capability of Iran Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives with— a briefing on— threats to global security posed by the nuclear weapon capability of Iran; and progress made by Iran in enriching uranium at levels proximate to or exceeding weapons grade; and recommendations for actions the United States may take to ensure that Iran does not acquire a nuclear weapon capability.

1232. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises Section 1251 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended— in subsection (c)(1), by adding at the end the following new subparagraph: The Republic of Kosovo. in subsection (h)— in the first sentence, by striking December 31, 2024 and inserting December 31, 2026; and in the second sentence, by striking December 31, 2024. and inserting December 31, 2026. (C)The Republic of Kosovo.; and

1233. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine Section 1245(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236) is amended by striking None of the funds and all that follows through 2023 and inserting None of the funds authorized to be appropriated for fiscal year 2023 or 2024.

1234. Extension and modification of temporary authorizations related to Ukraine and other matters Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in subsection (a)(7), by striking September 30, 2024 and inserting September 30, 2025; and in subsection (c)(1)— in the matter preceding subparagraph (A), by inserting or fiscal year 2024 after fiscal year 2023; in subparagraph (P), by striking ; and and inserting a semicolon; in subparagraph (Q), by striking the period at the end and inserting ; and; and by inserting at the end the following new subparagraphs: 3,300 Tomahawk Cruise Missiles; 1,100 Precision Strike Missiles (PrSM); 550 Mark 48 Torpedoes; 1,650 RIM-162 Evolved Sea Sparrow Missiles (ESSM); 1,980 RIM-116 Rolling Airframe Missiles (RAM); and 11,550 Small Diameter Bomb IIs (SDB-II). (R)3,300 Tomahawk Cruise Missiles;(S)1,100 Precision Strike Missiles (PrSM);(T)550 Mark 48 Torpedoes;(U)1,650 RIM-162 Evolved Sea Sparrow Missiles (ESSM);(V)1,980 RIM-116 Rolling Airframe Missiles (RAM); and(W)11,550 Small Diameter Bomb IIs (SDB-II)..

1235. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries Subject to subsection (b), when considering decisions related to United States military basing, training, and exercises, the Secretary of Defense shall prioritize those North Atlantic Treaty Organization member countries that have achieved defense spending of not less than 2 percent of their gross domestic product by 2024. The Secretary of Defense may waive subsection (a) if the Secretary submits a certification to the congressional defense committees that a waiver is in the national security interests of the United States.

1236. Study and report on lessons learned regarding information operations and deterrence The Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on lessons learned from information operations conducted by the United States, Ukraine, the Russian Federation, and member countries of the North Atlantic Treaty Organization during the lead-up to the Russian Federation's full-scale invasion of Ukraine in 2022 and throughout the conflict. The study required by paragraph (1) shall include recommendations for improvements to United States information operations to enhance effectiveness, as well as recommendations on how information operations may be improved to support the maintenance of deterrence. Not later than one year after the date of the enactment of this Act, Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study in its entirety, along with any such comments as the Secretary considers relevant. The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. In this section, the term eligible entity— means an entity independent of the Department of Defense that is not under the direction or control of the Secretary of Defense; and an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that has recognized credentials and expertise in national security and military affairs appropriate for the assessment.

1237. Report on progress on multi-year strategy and plan for Baltic security cooperation Not later than 180 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 congressional defense committees a report on the progress made in the implementation of the multi-year strategy and spending plan set forth in the June 2021 report of the Department of Defense entitled Report to Congress on the Baltic Security Initiative. The report required by subsection (a) shall include the following: An identification of any significant change to the goals, objectives, and milestones identified in the June 2021 report described in subsection (a). An update on the Department of Defense funding allocated for such strategy and spending plan for fiscal years 2022 and 2023 and projected funding requirements for fiscal years 2024, 2025, and 2026 for each goal identified in such report. An update on the host country funding allocated and planned for each such goal. An assessment of the progress made in the implementation of the recommendations set forth in the fiscal year 2020 Baltic Defense Assessment, and reaffirmed in the June 2021 report described in subsection (a), that each Baltic country should— increase its defense budget; focus on and budget for sustainment of capabilities in defense planning; and consider combined units for expensive capabilities such as air defense, rocket artillery, and engineer assets.

1238. Sense of the Senate on the North Atlantic Treaty Organization It is the sense of the Senate that— the success of the North Atlantic Treaty Organization is critical to advancing United States national security objectives in Europe, the Indo-Pacific region, and around the world; the North Atlantic Treaty Organization remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law; the United States reaffirms its ironclad commitment— to the North Atlantic Treaty Organization as the foundation of transatlantic security; and to upholding its obligations under the North Atlantic Treaty, including Article 5; the unprovoked and illegal invasion of Ukraine by the Russian Federation has upended security in Europe and requires the full attention of the transatlantic alliance; welcoming Finland as the 31st member of the North Atlantic Treaty Organization has made the North Atlantic Treaty Organization Alliance stronger and the remaining North Atlantic Treaty Organization member countries should swiftly ratify the accession protocols of Sweden so as to bolster the collective security of the North Atlantic Treaty Organization by increasing the security and stability of the Baltic Sea region and Northern Europe; the North Atlantic Treaty Organization member countries that have not yet met the two-percent defense spending pledge, as agreed to at the 2014 Wales Summit, should endeavor to meet the timeline as expeditiously as possible, but certainly within the five-year period beginning on the date of the enactment of this Act; the United States and North Atlantic Treaty Organization allies and partners should continue efforts to identify, synchronize, and deliver needed assistance to Ukraine as Ukraine continues the fight against the illegal and unjust war of the Russian Federation; the Strategic Concept, agreed to by all North Atlantic Treaty Organization member countries at the Madrid Summit in 2022, outlined the focus of the North Atlantic Treaty Organization for the upcoming decade, and North Atlantic Treaty Organization allies should continue to implement the strategies outlined, including by making efforts to address the challenges posed by the coercive policies of the People's Republic of China that undermine the interests, security, and shared values of the North Atlantic Treaty Organization Alliance; the United States and North Atlantic Treaty Organization allies should continue long-term efforts— to improve interoperability among the military forces of member countries of the North Atlantic Treaty Organization so as to enhance collective operations, including the divestment of Soviet-era capabilities; to enhance security sector cooperation and explore opportunities to reinforce civil sector preparedness and resilience measures that may be likely targets of malign influence campaigns; to mitigate the impact of hybrid warfare operations, particularly those in the information and cyber domains; and to expand joint research and development initiatives with a focus on emerging technologies such as quantum computing, artificial intelligence, and machine learning, including through the work of the Defence Innovation Accelerator for the North Atlantic initiative (commonly known as DIANA); the European Deterrence Initiative remains critically important and has demonstrated its unique value to the United States and North Atlantic Treaty Organization allies during the current Russian Federation-created war against Ukraine; the United States should continue to work with North Atlantic Treaty Organization allies, and other allies and partners, to build permanent mechanisms to strengthen supply chains, enhance supply chain security, and fill supply chain gaps; the United States should prioritize collaboration with North Atlantic Treaty Organization allies to secure enduring and robust critical munitions supply chains so as to increase military readiness; the United States and the North Atlantic Treaty Organization should expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure; and it is in the interest of the United States that the North Atlantic Treaty Organization adopt a robust strategy toward the Black Sea, and the United States should also consider working with interested partner countries to advance a coordinated strategy inclusive of diverse elements of transatlantic security architecture in the Black Sea region.

1239. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization It is the sense of the Senate that— the new initiative within the North Atlantic Treaty Organization (NATO) to establish a new research and development initiative, known as the Defence Innovation Accelerator for the North Atlantic (DIANA), is an important step in aligning the industry and academic innovation communities of the NATO member states towards common goals for identifying, experimenting, and transitioning critical technologies of importance to NATO; DIANA will spur increased defense research and development funding to rapidly adapt to a new era of strategic competition by bringing defense personnel together with NATO’s leading entrepreneurs and academic researchers; DIANA will also increase opportunities for engagement on NATO’s priority technology areas, including artificial intelligence, data, autonomy, quantum-enabled technologies, biotechnology, hypersonic technologies, space, novel materials and manufacturing, and energy and propulsion; and through DIANA, NATO allies will foster innovative ecosystems and develop talent for dual use technologies to maintain NATO’s strategic advantage.

1240. Sense of the Senate regarding the arming of Ukraine It is the sense of the Senate that Ukraine would derive military benefit from the provision of munitions such as the dual-purpose improved conventional munition (DPICM). Such weapons could be fired from systems in the existing Ukrainian inventory and would enhance Ukraine’s stockpile of available munitions and would bolster Ukraine’s efforts to end Russia’s illegal and unjust war. The Department of Defense, in concert with the other members of the Ukraine Defense Contract Group, should continue to support Ukraine’s brave fight to defeat the invasion of the Russian Federation. The Department of Defense, in close coordination with the State Department, should assess the feasibility and advisability of providing such munitions, including giving appropriate attention to humanitarian considerations, including supporting Ukraine’s effort to end the widespread suffering of the Ukrainian people by bringing Russia’s war of choice to an end as soon as possible on terms favorable to Ukraine, as well as the views of other members of the Ukraine Defense Contract Group.

1241. Indo-Pacific Campaigning Initiative The Secretary of Defense shall establish, and the Commander of the United States Indo-Pacific Command shall carry out, an Indo-Pacific Campaigning Initiative (in this section referred to as the Initiative) for purposes of— strengthening United States alliances and partnerships with foreign military partners in the Indo-Pacific region; deterring military aggression by potential adversaries against the United States and allies and partners of the United States; dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict; improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region; shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region. Not later than March 1, 2024, the Secretary shall provide the congressional defense committees with a briefing that describes ongoing and planned campaigning activities in the Indo-Pacific region for fiscal year 2024. Not later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that— summarizes the campaigning activities conducted in the Indo-Pacific region during fiscal year 2024; and includes— a value assessment of each such activity; lessons learned in carrying out such activities; any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a). In this section, the term campaigning— means the conduct and sequencing of logically linked military activities to achieve strategy-aligned objectives, including modifying the security environment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor activities; and includes deliberately planned military activities in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a).

1242. Training, advising, and institutional capacity-building program for military forces of Taiwan Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. The purposes of the program established under subsection (a) shall be— to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy; to enhance interoperability between the United States Armed Forces and the military forces of Taiwan; to encourage information sharing between the United States Armed Forces and the military forces of Taiwan; to promote joint force employment; and to improve professional military education and the civilian control of the military. The program established under subsection (a) shall include efforts to improve— the tactical proficiency of the military forces of Taiwan; the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy; the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning; the reform and integration of the reserve military forces of Taiwan; the use of defense articles and services transferred from the United States to Taiwan; the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency; the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate; the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and any other matter the Secretary of Defense considers relevant. The Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. As part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1988), the Secretary of Defense shall provide— an update on efforts made to address each element under subsection (c); and an identification of any authority or resource shortfall that inhibits such efforts.

1243. Indo-Pacific Maritime Domain Awareness Initiative Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the Indo-Pacific Maritime Domain Awareness Initiative (in this section referred to as the Initiative), to bolster maritime domain awareness in the Indo-Pacific region. In carrying out the Initiative, the Secretary of Defense may use the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. The purposes of the Initiative are as follows: To enhance the ability of allies and partners of the United States in the Indo-Pacific region to fully monitor the maritime domain of such region. To leverage emerging technologies to support maritime domain awareness objectives. To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, including by facilitating information sharing among such allies and partners. Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that outlines ongoing and planned activities of the Initiative, and the resources needed to carry out the such activities, for fiscal year 2025.

1244. Extension 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 2023 and inserting the National Defense Authorization Act for Fiscal Year 2024; and by striking fiscal year 2023 and inserting fiscal year 2024. Subsection (d)(1)(A) of such section is amended by striking fiscal years 2023 and 2024 and inserting fiscal years 2024 and 2025.

1245. Extension of authority to transfer funds for Bien Hoa dioxin cleanup Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3955) is amended by striking fiscal year 2023 and inserting fiscal year 2024.

1246. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia Subsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended— in the matter preceding paragraph (1), by striking in Vietnam, Thailand, and Indonesia and inserting with covered foreign military partners; in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners; and in paragraph (2), by striking Vietnam, Thailand, and Indonesia on and inserting covered foreign military partners on defensive. Subsection (b) of such section is amended— in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners; and in paragraph (2), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners . Subsection (c)(2)(B) of such title is amended by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners. Subsection (d) of such section is amended— by inserting with any covered foreign military partner after scheduled to commence; and by striking Vietnam, Indonesia, or Thailand and inserting the covered foreign military partner. Subsection (e) of such section is amended by striking December 31, 2024 and inserting December 31, 2029. Subsection (f) of such section is amended to read as follows: In this section: The term appropriate committees of Congress 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 term covered foreign military partner means the following: Vietnam. Thailand. Indonesia. The Philippines. Malaysia. Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended, in the section heading, by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners in Southeast Asia. The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3388) is amended by striking the item relating to section 1256 and inserting the following: The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3905) is amended by striking the item relating to section 1256 and inserting the following: (f)DefinitionsIn this section:(1)Appropriate committees of CongressThe term appropriate committees of Congress means—(A)the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.(2)Covered foreign military partnerThe term covered foreign military partner means the following:(A)Vietnam.(B)Thailand.(C)Indonesia.(D)The Philippines.(E)Malaysia.. Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.. Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia..

1247. Extension and modification of certain temporary authorizations Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2844) is amended— in the section heading, by striking other matters and inserting Taiwan; and in subsection (a)— in paragraph (1)— in subparagraph (B), by inserting or the Government of Taiwan after the Government of Ukraine; and in subparagraph (C), by inserting or the Government of Taiwan after the Government of Ukraine; in paragraph (5)— by striking subparagraph (A) and inserting the following: the replacement of defense articles from stocks of the Department of Defense provided to— the Government of Ukraine; foreign countries that have provided support to Ukraine at the request of the United States; the Government of Taiwan; or foreign countries that have provided support to Taiwan at the request of the United States; or in subparagraph (B), by inserting or the Government of Taiwan before the period at the end; in paragraph (7), by striking September 30, 2024 and inserting September 30, 2028; by redesignating paragraph (7) as paragraph (8); and by inserting after paragraph (6) the following new paragraph (7): Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule. The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following: The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following: (A)the replacement of defense articles from stocks of the Department of Defense provided to—(i)the Government of Ukraine;(ii)foreign countries that have provided support to Ukraine at the request of the United States;(iii)the Government of Taiwan; or (iv)foreign countries that have provided support to Taiwan at the request of the United States; or; and (7)NotificationNot later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule.. Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.. Sec. 1244. Temporary authorizations related to Ukraine and Taiwan..

1248. Plan for enhanced security cooperation with Japan Not later than June 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing United States security cooperation with Japan. The plan required by subsection (a) shall include the following: A plan for— increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the Self-Defense Forces of Japan; increasing multilateral military-to-military engagements involving the United States Armed Forces, the Self-Defense Forces of Japan, and the military forces of other regional allies and partners, including Australia, India, the Republic of Korea, and the Philippines, as appropriate; increased sharing of intelligence and other information, including the adoption of enhanced security protocols; current mechanisms, processes, and plans to coordinate and engage with the Joint Headquarters of the Self-Defense Forces of Japan; and enhancing cooperation on advanced technology initiatives, including artificial intelligence, cyber, space, undersea, hypersonic, and related technologies. An analysis of the feasibility and advisability of— increasing combined planning efforts between the United States and Japan to address potential regional contingencies; modifying United States command structures in Japan— to coordinate all United States military activities and operations in Japan; to complement similar changes by the Self-Defense Forces of Japan; and to facilitate integrated planning and implementation of combined activities; and additional modifications to the force posture of the United States Armed Forces in Japan, including the establishment of additional main operating locations, cooperative security locations, contingency locations, and other forward operating sites. An identification of challenges to the implementation of the plan required by subsection (a) and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such plan. The plan 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— the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

1249. Plan for improvements to certain operating locations in Indo-Pacific region The Secretary of Defense shall conduct a classified survey to identify each United States operating location within the area of responsibility of the United States Indo-Pacific Command, including in the First, Second, and Third Island Chains, that— may be used to respond militarily to aggression by the People’s Republic of China; and is considered to not be sufficiently capable of mitigating damage to aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China. Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey under paragraph (1). Not later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a plan— to implement improvements, as appropriate, to operating locations identified under that subsection so as to increase the survivability of aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China; and that includes an articulation of other means for increasing survivability of such aircraft in the event of such an attack, including dispersal and deception. The report and plan required by this section shall be submitted in classified form.

1250. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for improving the posture of ground-based theater-range missile capabilities in the Indo-Pacific region. The strategy required by subsection (a) shall include the following: An assessment of gaps in conventional ground-based theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command. An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors in the Indo-Pacific region. An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command, including an articulation of the bilateral agreements necessary to support such deployments. A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific. An identification of prospective foreign partners and institutional mechanisms for co-development and co-production of new theater-range conventional missiles. An assessment of the cost and schedule of developmental ground-based theater-range missiles programs, including any potential cost-sharing arrangements with foreign partners through existing institutional mechanisms. The designation of a theater component commander or joint task force commander within the United States Indo-Pacific Command responsible for developing a theater missile strategy. Any other matter the Secretary considers relevant. The strategy required by subsection (a) may be submitted in classified form but shall include an unclassified summary. In this section, the term ground-based theater-range missile means a conventional mobile ground-launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers.

1251. Enhancing major defense partnership with India The Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall seek to ensure that India is appropriately considered for security cooperation benefits consistent with the status of India as a major defense partner of the United States, including with respect to the following lines of effort: Eligibility for funding to initiate or facilitate cooperative research, development, testing, or evaluation projects with the Department of Defense, with priority given to projects in the areas of— artificial intelligence; undersea domain awareness; air combat and support; munitions; and mobility. Eligibility to enter into reciprocal agreements with the Department of Defense for the cooperative provision of training on a bilateral or multilateral basis in support of programs for the purpose of building capacity in the areas of— counterterrorism operations; counter-weapons of mass destruction operations; counter-illicit drug trafficking operations; counter-transnational organized crime operations; maritime and border security operations; military intelligence operations; air domain awareness operations; and cyberspace security and defensive cyberspace operations. Eligibility to enter into a memorandum of understanding or other formal agreement with the Department of Defense for the purpose of conducting cooperative research and development projects on defense equipment and munitions. Eligibility for companies from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States. Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall provide the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives with a briefing on the status of security cooperation activities with India, including the lines of effort specified in subsection (a).

1252. Military cybersecurity cooperation with Taiwan Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. In expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts— to actively defend military networks, infrastructure, and systems; to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems; to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and to conduct combined cybersecurity training activities and exercises. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section. The briefing under paragraph (1) shall include the following: A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. An identification of any challenges and resources that need to be addressed so as to expand such cooperation. An overview of efforts undertaken pursuant to this section. Any other matter the Secretary considers relevant. In this section, the term appropriate committees of Congress 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.

1253. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership). Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress an implementation plan outlining Department efforts relating to the AUKUS partnership. The plan required by paragraph (1) shall include the following: Timelines and major anticipated milestones for the implementation of the AUKUS partnership. An identification of dependencies of such milestones on defense requirements that are— unrelated to the AUKUS partnership; and solely within the decisionmaking responsibility of Australia or the United Kingdom. Recommendations for adjustments to statutory and regulatory export authorities or frameworks, including technology transfer and protection, necessary to efficiently implement the AUKUS partnership. A consideration of the implications of the plan on the industrial base with respect to— the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements; acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors; stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. A description of resourcing and personnel requirements, including the hiring of additional foreign disclosure officers. A plan for improving information sharing, including— recommendations for modifications to foreign disclosure policies and processes; the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership; the establishment of an information handling caveat specific to the AUKUS partnership; and the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat. Processes for the protection of privately held intellectual property, including patents. A plan to leverage, for the AUKUS partnership, any relevant existing cybersecurity or technology partnership or cooperation activity between the United States and the United Kingdom or between the United States and Australia. Recommended updates to other statutory, regulatory, policy, or process frameworks. Any other matter the Secretary of Defense considers appropriate. Not later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter on April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees with a briefing on the status of all Department activities to implement the AUKUS partnership. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and the Committees on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

1254. Report and notification relating to transfer of operational control on Korean Peninsula Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report that— describes the conditions under which the military forces of the Republic of Korea would be prepared to assume wartime operational control of the United States and Republic of Korea Combined Forces Command; and includes an assessment of the extent to which the military forces of the Republic of Korea meet such conditions as of the date on which the report is submitted. Not later than 30 days before the date on which wartime operational control of the United States and Republic of Korea Combined Forces Command is transferred to the Republic of Korea, the Secretary of Defense, in coordination with the Secretary of State, shall notify the appropriate committees of Congress of such transfer. The notification required by paragraph (1) shall include the following: An assessment of the extent to which the military forces of the Republic of Korea meet the conditions described in the report submitted under subsection (a), including with respect to the acquisition by the Republic of Korea of necessary military capabilities to counter the capabilities of the Democratic People's Republic of Korea. A description of the command relationship among the United Nations Command, the United States and Republic of Korea Combined Forces Command, the United States Forces Korea, and the military forces of the Republic of Korea. An assessment of the extent to which such transfer impacts the security of the United States, the Republic of Korea, and other regional allies and partners. In this section, the term appropriate committees of Congress 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.

1255. Report on range of consequences of war with the People’s Republic of China Not later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030. The report required by subsection (a) shall— account for potential— attacks within the homelands of the United States and the People's Republic of China, including cyber threats and the potential disruption of critical infrastructure; impacts on the United States Armed Forces and the military forces of United States allies and partners, including loss of life, capabilities, United States force posture, and United States alliances in the Indo-Pacific region; impacts on the military forces of the People's Republic of China, including loss of life and capabilities; impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region; disruption of the global economy; and any other matter the Director of the Office of Net Assessment considers relevant; and include a review of previous attempts in history to forecast the consequences and costs of war. The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. Not less than 14 days before the date on which the report required by subsection (a) is submitted, the Director of the Office of Net Assessment shall provide a briefing to the congressional defense committees on the conclusions of the report.

1256. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent study for the purpose of improving the current command structure and force posture of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study required by paragraph (1) shall submit to the Secretary a report on the findings of the study. The report required by subparagraph (A) shall include the following: An assessment of— the current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command; the current force posture, basing, access, and overflight agreements of the United States Armed Forces in such area of responsibility; and any operational or command and control challenge resulting from the geography, current force posture of the United States Armed Forces, or current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. Any recommendation for— adjustments to the force posture of the United States Armed Forces in such area of responsibility, including an identification of any additional basing, access, and overflight agreement that may be necessary in response to the changing security environment in such area of responsibility; modifying the current organizational and command structure of the United States Indo-Pacific Command, including United States Forces Japan and United States Forces Korea, in response to such changing security environment; or improving the ability to better coordinate with allies and partners during peacetime and conflict. Not later than February 1, 2025, the Secretary shall submit to the congressional defense committees an unaltered copy of the report submitted to the Secretary under subsection (a)(2), together with the views of the Secretary on the findings set forth in such report and any corresponding recommendation. The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The Secretary shall make available to the public the unclassified form of the report required by paragraph (1).

1257. Studies on defense budget transparency of the People’s Republic of China and the United States 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— complete a study on the defense budget of the People’s Republic of China; submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and make the results of the study available to the public on the internet website of the Department of Defense. Not later than 90 days after the date on which the study required by paragraph (1) is submitted, the Secretary of Defense shall— complete a comparative study on the defense budgets of the People’s Republic of China and the United States; submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and make the results of the study available to the public on the internet website of the Department of Defense. The studies required by paragraphs (1) and (2) shall each employ a robust methodology that— does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party; takes into account the military-civil fusion present in the People’s Republic of China; and employs the building-block method of analysis or a similar method of analysis, as appropriate. The objective of the studies required by paragraphs (1) and (2) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States. At a minimum, the studies required by this section shall do the following: Determine the amounts invested by each subject country across functional categories for spending, including— defense-related research and development; weapons procurement from domestic and foreign sources; operations and maintenance; pay and benefits; military pensions; and any other category the Secretary considers relevant. Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods. Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison. Exclude spending related to veterans’ benefits, other than military pensions provided to veterans. The studies required by this section may take into consideration the following: The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China. The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country. Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China. The studies required by this section shall be submitted in unclassified form, free of handling restrictions, but may include classified annexes.

1258. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing that describes the provision of security assistance and training by the People’s Republic of China to foreign military forces for the purpose of achieving the national objectives of the People's Republic of China. As part of the first report submitted under section 1206(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1960; 10 U.S.C. 301 note) after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a summary of Department of Defense activities designed to mitigate the provision of security assistance and training referred to in subsection (a), including such activities that— strengthen United States alliances and partnerships with foreign military partners; identify countries or governments to which the People’s Republic of China provides such security assistance or military training; dissuade countries and governments from relying on the People’s Republic of China as a partner for such security assistance and military training; identify any manner in which the United States, or close allies of the United States, may engage with countries and governments to be the preferred partner for security assistance and military training; and improve the ability of the United States Armed Forces to coordinate and operate with allies and partners for purposes of mitigating the provision of security assistance and military training by the People’s Republic of China. In this section, the term appropriate committees of Congress means— the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

1259. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2027, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate committees of Congress with a briefing on bilateral agreements supporting the United States military posture in the Indo-Pacific region. Each briefing required by subsection (a) shall include the following: An update on notable changes to elements described in section 1262(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2857). An assessment of the impact on United States military operations if any individual or combination of allies and partners were to deny continued access, basing, or overflight rights, including with respect to— forward presence; agile basing; pre-positioned materials; or fueling and resupply. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.

1260. Semiannual briefings on military of the People's Republic of China Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on— the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea; efforts by the Department of Defense to engage with the People’s Liberation Army; and United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea. Each briefing required by subsection (a) shall include the following: An update on— military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) or through the direct commercial sales or foreign military sales processes; United States efforts to deter aggression by the People's Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia. The most recent information regarding the readiness of or preparations by the People's Liberation Army to potentially conduct aggressive military action against Taiwan. A description of any military activity carried out during the preceding quarter by the People's Republic of China in the vicinity of Taiwan. A description of engagements by Department of Defense officials with the People's Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities. Any other matter the Secretary considers relevant.

1261. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China None of the funds authorized to be appropriated by this Act may be used to knowingly provide active and direct support to any film, television, or other entertainment project if the Secretary of Defense has demonstrable evidence that the project has complied or is likely to comply with a demand from the Government of the People’s Republic of China or the Chinese Communist Party, or an entity under the direction of the People’s Republic of China or the Chinese Communist Party, to censor the content of the project in a material manner to advance the national interest of the People’s Republic of China.

1262. Prohibition on use of funds for the Wuhan Institute of Virology None of the funds authorized to be appropriated under this Act may be made available for the Wuhan Institute of Virology for any purpose.

1263. Audit to identify diversion of Department of Defense funding to China's research labs Not later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— was provided, whether purposely or inadvertently, to— the People’s Republic of China; the Communist Party of China; the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; or any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. The report required under subsection (a) shall specify— the countries in which the research or experiments described in subsection (a)(2) was conducted; and the pathogens involved in such research or experiments.

1264. Prohibiting Federal funding for EcoHealth Alliance Inc None of the funds authorized to be appropriated under this Act may be made available for any purpose to— EcoHealth Alliance, Inc.; any subsidiary of EcoHealth Alliance Inc; any organization that is directly controlled by EcoHealth Alliance Inc; or any organization or individual that is a subgrantee or subcontractor of EcoHealth Alliance Inc.

1265. Assessment relating to contingency operational plan of United States Indo-Pacific Command The Secretary of Defense shall conduct an assessment, based on the contingency operational plan for a major conflict in the area of operations of the United States Indo-Pacific Command, to identify and characterize the dependencies of such plan on specific critical infrastructure facilities, capabilities, and services for the successful mobilization, deployment, and sustainment of forces. The Secretary shall provide to the congressional defense committees— before the date on which the Secretary commences the assessment required by subsection (a), a briefing that sets forth the terms of reference and a plan for such assessment; and a briefing on the results of such assessment, not later than the earlier of— the date on which Secretary completes such assessment; or the date that is 180 days after the enactment of this Act.

1266. Assessment of absorptive capacity of military forces of Taiwan Not later than 90 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 appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities. Not later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress. The required report shall be provided in classified form with an unclassified cover letter. In this section: The term absorptive capacity means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use. The term appropriate committees of Congress means— the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

1267. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China. The analysis required by paragraph (1) shall include the following: An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People's Republic of China could accomplish such a blockade. An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People's Republic of China, and the likely timelines for such indications and warnings. An identification of other coercive actions the People's Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. An assessment of key military operational problems presented by such a blockade. An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). An assessment of challenges to escalation management. An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. Any other matter the Secretary of Defense considers relevant. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency— regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People's Republic of China; and to better understand potential options for a response by the United States Government to such a blockade. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report— on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and the interagency engagements conducted under subsection (b). In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.

1268. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region The Senate makes the following findings: The 2022 National Defense Strategy states, [m]utually-beneficial Alliances and partnerships are our greatest global strategic advantage.. The United States Indo-Pacific Strategy states, we will prioritize our single greatest asymmetric strength: our network of security alliances and partnerships. Across the region, the United States will work with allies and partners to deepen our interoperability and develop and deploy advanced warfighting capabilities as we support them in defending their citizens and their sovereign interests.. Secretary of Defense Lloyd Austin testified on March 28, 2023, that our allies and partners are a huge force multiplier. They magnify our power, advance our shared security interests, and help uphold a world that is free, open, prosperous, and secure.. Chairman of the Joint Chiefs of Staff General Milley testified on March 28, 2023, that our alliances and partnerships are key to maintaining the rules-based international order and a stable and open international system promoting peace and prosperity…We are stronger when we operate closely with our allies and partners.. Commander of the United States Indo-Pacific Command Admiral Aquilino testified on April 20, 2023, that a robust network of allies and partners, built on the strength of our shared interests, is our greatest advantage. United States Indo-Pacific Command is strengthening all layers of our security network: allies, multilateral arrangements, partners, friends, and the Five Eyes nations. We execute security cooperation activities, training, and exercises to strengthen those relationships, build partner capacity, and enhance interoperability.. It is the sense of the Senate 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— enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country and affirming the United States commitment to extended deterrence using the full range of United States defense capabilities, 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; fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United States (commonly known as AUKUS)— to advance shared security objectives; to accelerate the fielding of advanced military capabilities; and to build the capacity of emerging partners; advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture; broadening United States engagement with India, including through the Quadrilateral Security Dialogue— to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and to enable greater cooperation on maritime security; strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), and the Six Assurances, with the goal of improving Taiwan's defensive capabilities and promoting peaceful cross-strait relations; reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training; engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and other Pacific Island countries with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported, and unregulated fishing; collaborating with Canada, the United Kingdom, France, and other members of the European Union and the North Atlantic Treaty Organization to build connectivity and advance a shared vision for the region that is principled, long-term, and anchored in democratic resilience; and investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.

1271. Short title This subtitle may be cited as the Securing Maritime Data from China Act of 2023.

1272. LOGINK defined In this subtitle, the term LOGINK means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People’s Republic of China.

1273. Countering the spread of LOGINK The Department of Defense may not enter into or renew any contract with any entity that uses— LOGINK; any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or any logistics platform that shares data with a system described in paragraph (1) or (2). Subsection (a) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act.

1281. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region 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 Department of Defense roles and responsibilities in support of the National Strategy for the Arctic Region that includes— an identification of the Department's lines of effort to support the implementation of the National Strategy for the Arctic Region, including the implementation plan for each applicable military department; a plan for the execution of, and a projected timeline and the resource requirements for, each such line of effort; and any other matter the Secretary considers relevant.

1291. Military intelligence collection and analysis partnerships Subject to paragraph (2), the Director of the Defense Intelligence Agency, in coordination with the Secretary of State and the Director of National Intelligence, may accept and expend foreign partner funds in order for the foreign partner or partners to share with the Defense Intelligence Agency the expenses of joint and combined military intelligence collection and analysis activities. Funds accepted under this section may not be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for any purpose for which Congress has previously denied funds. The authority provided by paragraph (1) may not be used to acquire items or services for the sole benefit of the United States. Not later than March 1, 2025, and annually thereafter for four years, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including an identification of the foreign partner or partners involved and a description of the purpose of such funds. The authority to accept and expend foreign partner funds pursuant to this section shall terminate on December 31, 2028. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

1292. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy Not later than January 1, 2025, the Secretary of Defense shall establish a partnership program using existing authorities to collaborate with the military forces of partner countries in developing and maintaining military-wide transformational strategies for operational energy (in this section referred to as the Program). The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Under Secretary of Defense for Policy and in consultation with the Secretaries of the military departments, the commanders of the combatant commands, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. The objective of the Program is to promote the readiness of the United States Armed Forces and the military forces of partner countries for missions in contested logistics environments by focusing on demand reduction and employing more diverse and renewable operational energy sources so as to enhance energy security, energy resilience, and energy conservation, reduce logistical vulnerabilities, and ensure that supply lines are resilient to extreme weather, disruptions to energy supplies, and direct or indirect cyber attacks. Under the Program, the United States Armed Forces and the military forces of each participating partner country shall, in coordination— establish policies to improve warfighting capability through energy security and energy resilience; integrate efforts to mitigate mutual contested logistics challenges through the reduction of operational energy demand; identify and mitigate operational energy challenges presented by any contested logistics environment, including through developing innovative delivery systems, distributed storage, flexible contracting, and improved automation; assess and integrate, to the extent practicable, any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce operational energy demand in the near term or long term; assess and consider any infrastructure investment of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary; and assess and integrate, to the extent practicable— any technology that increases sustainability; and any practice, technology, or strategy that reduces negative impacts on human health. In carrying out any activity under paragraph (1), to the extent practicable, the relevant existing and past military conflicts and cultural practices of, and beliefs prevalent in, the participating country shall be taken into account. Not later than September 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program. The strategy required by paragraph (1) shall include the following: A governance structure for the Program, including— the officials tasked to oversee the Program; the format of the governing body of the Program; the functions and duties of such governing body with respect to establishing and maintaining the Program; and mechanisms for coordinating with partner countries selected to participate in the Program. With respect to the selection of partner countries initially selected to participate in the Program— an identification of each such country; the rationale for selecting each such country, including a description of— the benefits to the military forces of the partner country; and the benefits to the United States Armed Forces of participation by such country; a description of any limitation on the participation of a selected partner country; and any other information the Secretary considers appropriate. A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. A campaign of objectives for the first three fiscal years of the Program, including— a description of, and a rationale for selecting, such objectives; an identification of milestones toward achieving such objectives; and metrics for evaluating success in achieving such objectives. A description of opportunities and potential timelines for future Program expansion, as appropriate. Any other information the Secretary considers appropriate. The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program. Each report required by paragraph (1) shall include the following: A narrative summary of activities conducted as part of the Program during the preceding fiscal year. Except in the case of the initial report, an assessment of progress toward the objectives established for the preceding fiscal year described in the preceding report under this subsection using the metrics established in such report. A campaign of objectives for the three fiscal years following the date of submission of the report, including— a description of, and a rationale for selecting, such objectives; an identification of milestones toward achieving such objectives; and metrics for evaluating success in achieving such objectives. A description of opportunities and potential timelines for future Program expansion, as appropriate. Any other information the Secretary considers appropriate. Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. The Program shall terminate on December 31, 2029. In this section, the term contested logistics environment means an environment in which the United States Armed Forces or the military forces of a partner country engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.

1293. Modification of support of special operations for irregular warfare Chapter 3 of title 10, United States Code, is amended by inserting after section 127c the following: The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The procedures required under paragraph (1) shall establish, at a minimum, the following: Policy guidance for the execution of, and constraints within, activities under the authority in this section. The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. The processes by which the Department shall keep the congressional defense committees fully and currently informed of— the requirements for the use of the authority in this section; and activities conducted under such authority. The Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures. Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. The authority of the Secretary to make funds available under this section for support of a military operation may not be delegated. The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. Not later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. A notification required by this subsection shall include the following: The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. The amount obligated under the authority to provide support. The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. The determination of the Secretary that the provision of support does not constitute any of the following: An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)). A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. The written notice required by paragraph (1) shall include each of the following: A description of the reasons for the suspension or termination of such support. A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan. Not later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. Not later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. Each report required by this subsection shall include the following: A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). A detailed description of the support provided to the recipients under this section during such period. The total amount obligated for support under this section during such period, including budget details. The intended duration of support provided under this section during such period. An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. The total amount obligated for support under this section in prior fiscal years. Not less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and consulting with the congressional defense committees regarding such matters. Each briefing required by paragraph (1) shall include the following: An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. An overview of relevant authorities and legal issues, including limitations. An overview of irregular warfare-related interagency activities and initiatives. A description of emerging combatant command requirements for the use of the authority provided by this section. Subject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item: Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed. 127d.Support of special operations for irregular warfare(a)AuthorityThe Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces.(b)FundsFunds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance.(c)Procedures(1)In generalThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section.(2)ElementsThe procedures required under paragraph (1) shall establish, at a minimum, the following:(A)Policy guidance for the execution of, and constraints within, activities under the authority in this section.(B)The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.(C)The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States.(D)The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights.(E)The processes by which the Department shall keep the congressional defense committees fully and currently informed of—(i)the requirements for the use of the authority in this section; and(ii)activities conducted under such authority.(3)Notice to Congress on procedures and material modificationsThe Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures.(d)Construction of authorityNothing in this section shall be construed to constitute a specific statutory authorization for any of the following:(1)The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).(2)The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.(3)The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.(4)The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (e)Limitation on delegationThe authority of the Secretary to make funds available under this section for support of a military operation may not be delegated.(f)Programmatic and policy oversightThe Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. (g)Notification(1)In generalNot later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing.(2)ElementsA notification required by this subsection shall include the following:(A)The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported.(B)A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds.(C)The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds.(D)The amount obligated under the authority to provide support.(E)The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support.(F)The determination of the Secretary that the provision of support does not constitute any of the following:(i)An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).(ii)A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).(iii)An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.(iv)The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (h)Notification of suspension or termination of support(1)In generalNot later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination.(2)ElementsThe written notice required by paragraph (1) shall include each of the following:(A)A description of the reasons for the suspension or termination of such support.(B)A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination.(C)A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.(i)Biannual reports(1)Report on preceding fiscal yearNot later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year.(2)Report on current calendar year Not later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted.(3)ElementsEach report required by this subsection shall include the following:(A)A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report.(B)A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period.(C)The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals).(D)A detailed description of the support provided to the recipients under this section during such period.(E)The total amount obligated for support under this section during such period, including budget details.(F)The intended duration of support provided under this section during such period.(G)An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces.(H)The total amount obligated for support under this section in prior fiscal years.(j)Quarterly briefings(1)In generalNot less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of—(A)keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B)consulting with the congressional defense committees regarding such matters.(2)ElementsEach briefing required by paragraph (1) shall include the following:(A)An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy.(B)An overview of relevant authorities and legal issues, including limitations.(C)An overview of irregular warfare-related interagency activities and initiatives.(D)A description of emerging combatant command requirements for the use of the authority provided by this section.(k)Irregular warfare definedSubject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.. 127d. Support of special operations for irregular warfare..

1294. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment Section 127f of title 10, United States Code, is amended— by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (g), and (h), respectively; by inserting after subsection (b) the following new subsection (c): The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The procedures required under paragraph (1) shall establish, at a minimum, each of the following: Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States. The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of— the requirements for the use of the authority in this section; and activities conducted under such authority. The Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1). by inserting after subsection (e), as redesignated, the following new subsection (f): Not later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing. by adding at the end the following new subsections: The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section. Nothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following: Execution of operational activities. A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). An introduction of the armed forces, (including the introduction of United States Armed Forces as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)). Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict. In this section, the term operational preparation of the environment means the conduct of activities in likely or potential operational areas to set conditions for mission execution. (c)Procedures(1)In generalThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2)ElementsThe procedures required under paragraph (1) shall establish, at a minimum, each of the following:(A)Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section.(B)The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.(C)The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States.(D)The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of—(i)the requirements for the use of the authority in this section; and(ii)activities conducted under such authority.(3)Notice to CongressThe Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1).; (f)NotificationNot later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing.; and (i)Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity ConflictThe Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section.(j)Construction of authorityNothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following:(1)Execution of operational activities.(2)A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).(3)An introduction of the armed forces, (including the introduction of United States Armed Forces as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).(4)Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (k)Operational preparation of the environment definedIn this section, the term operational preparation of the environment means the conduct of activities in likely or potential operational areas to set conditions for mission execution..

1295. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note) is amended— in subsection (c)— by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; by inserting after paragraph (6) the following new paragraph (7): Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include— use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities; a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance; the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; and a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award. by adding at the end the following new paragraph: Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include— the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets; current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence. in subsection (e)(2), by adding at the end the following new subparagraph: A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative. (7)Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include—(A)use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities;(B)a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance;(C)the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; and (D)a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award.; and (11)Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include—(A)the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets;(B)current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and(C)the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence.; and (G)A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative..

1296. Modification of authority for certain payments to redress injury and loss Section 1213(h) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended— in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), and moving such clauses, as redesignated, two ems to the right; by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as redesignated, two ems to the right; by amending paragraph (2) to read as follows: A description of any denied or refused ex gratia payment or request, including— the date on which any such request was made; the steps the Department of Defense has taken to respond to the request; in the case of a refused payment, the reason for such refusal, if known; and any other reason for which a payment was not offered or made. by redesignating paragraph (3) as subparagraph (C) and moving such subparagraph, as redesignated, two ems to the right; by striking Not later than and inserting the following: Not later than by adding at the end the following new paragraph (2): Not later than 15 days after the date on which the Secretary of Defense submits each report required by paragraph (1), the Secretary shall make the report available to the public in an electronic format. The Secretary of Defense shall exclude from each report made available to the public under subparagraph (A)— confidential or personally identifiable information pertaining to specific payment recipients so as to ensure the safety and privacy of such recipients; and any confidential or classified information that would undermine Department of Defense operational security. (B)A description of any denied or refused ex gratia payment or request, including—(i)the date on which any such request was made; (ii)the steps the Department of Defense has taken to respond to the request; (iii)in the case of a refused payment, the reason for such refusal, if known; and (iv)any other reason for which a payment was not offered or made.; (1)In generalNot later than; and (2)Public availability(A)In generalNot later than 15 days after the date on which the Secretary of Defense submits each report required by paragraph (1), the Secretary shall make the report available to the public in an electronic format.(B)PrivacyThe Secretary of Defense shall exclude from each report made available to the public under subparagraph (A)—(i)confidential or personally identifiable information pertaining to specific payment recipients so as to ensure the safety and privacy of such recipients; and (ii)any confidential or classified information that would undermine Department of Defense operational security..

1297. Modification of authority for cooperation on directed energy capabilities Section 1280 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended— in subsection (d), in the first sentence— by inserting acting through the Under Secretary of Defense for Research and Engineering, after the Secretary of Defense,; and by striking may establish a program and inserting is authorized; and by adding at the end the following new subsection: Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing— the most promising directed energy missile defense technologies available for co-development with the Government of Israel; any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel; an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable. In this subsection, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for Advanced Component Development and Prototypes is hereby increased by $25,000,000, with the amount of the increase to be available for Israeli Cooperative Programs (PE 0603913C). The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for the Air Force is hereby decreased by $25,000,000, with the amount of the decrease to be taken from the amounts available for VC–25B (PE 0401319F). (e)Notification(1)In generalNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing—(A)the most promising directed energy missile defense technologies available for co-development with the Government of Israel;(B)any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel;(C)an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and(D)initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable.(2)Appropriate committees of Congress definedIn this subsection, the term appropriate committees of Congress means—(A)the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B)the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives..

1298. Modification of Arctic Security Initiative Section 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1927) is amended— in subparagraph (A), by striking the Secretary may and inserting the Secretary shall; and in subparagraph (B)(i), by striking If the Initiative is established and inserting On the establishment of the Initiative.

1299. Termination of authorization of non-conventional assisted recovery capabilities Section 943(g) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578) is amended to read as follows: The authority under this section shall terminate on December 31, 2023. (g)TerminationThe authority under this section shall terminate on December 31, 2023..

1299A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen Section 1273 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1699) is amended to read as follows: For the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted. 1273.Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in YemenFor the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted..

1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen For the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted.

1299B. 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, 2024 and inserting December 31, 2026.

1299C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces The authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense. Not later than 90 days after the date of the enactment of this Act, the Secretary shall review existing designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees with a certification with respect to whether each such designation remains valid. The Secretary may waive the prohibition under subsection (a) if the Secretary determines that there are compelling circumstances that necessitate the waiver of such prohibition. Not later than 48 hours after the Secretary exercises the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the waiver, which shall include— a description of the compelling circumstances that necessitated the wavier; a description of the United States national security interests served by the waiver; an identification of any named operation related to the waiver; and an articulation of any temporal, geographic, or other limitations on the waiver. Nothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act. In this section, the term collective self-defense means the use of United States military force to defend designated foreign partner forces, their facilities, and their property.

1299D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a note) is amended— in the section heading, by striking Administration of the American, British, Canadian, and Australian Armies' Program and inserting Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom; and in subsection (a)— by inserting a military department of after the participation by; and by striking the land-force program known as the American, British, Canadian, and Australian Armies’ Program and inserting an interoperability program with the military forces of one or more participating countries specified in subsection (b). The table of contents of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1632) is amended by striking the item relating to section 1274 and inserting the following: The table of contents for title XII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1977) is amended by striking the item relating to section 1274 and inserting the following: Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.. Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom..

1299E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture The Secretary of Defense, using existing authorities and in consultation with the head of any other Federal agency, as appropriate, shall seek to cooperate with allies and partners in the Middle East with respect to developing an integrated regional cybersecurity architecture and deepening military cybersecurity partnerships to defend military networks, infrastructure, and systems against hostile cyber activity. Any activity carried out under paragraph (1)shall be conducted in a manner that— is consistent with the protection of intelligence sources and methods; and appropriately protects sensitive information and the national security interests of the United States. Not later than 180 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 appropriate committees of Congress a strategy for cooperation with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture to defend military networks, infrastructure, and systems against hostile cyber activity. The strategy submitted under paragraph (1) shall include the following: An assessment of the threat landscape of cyberattacks, military networks, infrastructure, and systems against allies and partners within the Middle East. A description of current efforts to share, between the United States and allies and partners within the Middle East, indicators and warnings, tactics, techniques, procedures, threat signatures, planning efforts, training, and other similar information about cyber threats. An analysis of current bilateral and multilateral defense protocols protecting military networks, infrastructure, and systems and sharing sensitive cyber threat information between the United States and allies and partners in the Middle East. An assessment of whether a multinational integrated military cybersecurity partnership, including establishing a center in the Middle East to facilitate such activities, would improve collective security in the Middle East. An assessment of gaps in ally and partner capabilities that would have to be remedied in order to establish such a center. A description of any prior or ongoing effort to engage allies and partners in the Middle East in establishing— a multinational integrated cybersecurity partnership or other bilateral or multilateral defensive cybersecurity information sharing and training partnership; or other cooperative defensive cybersecurity measures. An identification of elements of a potential multinational military cybersecurity partnership, or other bilateral or multilateral defensive cybersecurity measures, that— can be acquired and operated by specified foreign partners within the area of responsibility of the United States Central Command; can only be provided and operated by the United States; and can be provided by a third party entity contracted by the United States Central Command jointly with specified foreign partners. Any other matter the Secretary of Defense considers relevant. The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

1299F. Foreign Advance Acquisition Account The Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.), an account, to be known as the Foreign Advance Acquisition Account (in this section referred to as the Account), that shall be maintained separately from other accounts and used to accelerate the production of United States-produced end items in reasonable anticipation of the sale of such end items through the foreign military sales or direct commercial sales processes. Amounts in the Account shall be made available to the Secretary of Defense for the following purposes: To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process. To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the acquisition of such defense articles and services. To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)). The Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country. Defense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other applicable law. Amounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds. Amounts in the Account may not be used to acquire items or services for the sole benefit of the United States. Not later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year— an identification of each covered country that contributed to the Account; the amount deposited into the Account by each such covered country; and for each such covered country, the designated defense articles or services acquired or to be acquired. Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction— a description of the transaction; the amount of the transaction; the covered country concerned; an identification of any storage, maintenance, or other costs associated with the transaction; and the anticipated date of delivery of the applicable defense articles or services. The authority under subsection (b) to use funds in the Account shall terminate on January 1, 2028. Nothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. The term covered country means— a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership); a member country of the North Atlantic Treaty Organization; and any other country, as designated by the Secretary of Defense.

1299G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense submits— the implementation plan required by section 1087 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2802; 10 U.S.C. 161 note) relating to the requirement of such section to establish a joint force headquarters in the area of operations of United States Indo-Pacific Command to serve as an operational command; the plan required by section 1332(g)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2008) relating to strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command; and the strategy and posture review required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1743; 10 U.S.C. 397 note) relating to operations in the information environment.

1299H. Plans related to rapid transfer of certain missiles and defense capabilities The Assistant Secretary of the Navy for Research, Development and Acquisition shall— develop a plan to prepare Navy Harpoon block IC missiles in a sundown, deep stow, or demilitarized condition code (including missiles removed from Navy surface ships) for rapid transfer to allies and security partners in the United States European Command and United States Indo-Pacific Command areas of responsibility, if so ordered; and establish a plan that would enable the rapid transfer of additional enhanced coastal defense capabilities that have tactical significance in assisting partners and allies in reclaiming sovereign territory, deterring maritime resupply of illegally seized territory, or aiding in preventing an amphibious invasion of sovereign territory. Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the congressional defense committees the plans required by paragraphs (1) and (2) of subsection (a).

1299I. Ensuring peace through strength in Israel Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking September 30, 2025 and inserting January 1, 2028. Section 1275(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking on the date that is three years after the date of the enactment of this Act and inserting on January 1, 2028. Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2028, the Secretary of Defense shall conduct an assessment with respect to the following: The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011). The quantity and type of precision-guided munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed terror group or hostile forces in the region in the event of a sustained armed confrontation. The quantity and type of other munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group or hostile forces in the region in the event of a sustained armed confrontation. The quantity and type of munitions, including precision-guided munitions, necessary for Israel to protect its homeland and counter any combination of Hezbollah, Hamas, Palestinian Islamic Jihad, and any other armed terror groups or hostile forces in the region in the event of a multi-front, sustained armed confrontation. The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions, including precision-guided munitions, described in subparagraphs (B) through (D). Whether, as of the date on which the applicable assessment is completed, sufficient quantities and types of munitions, including precision-guided munitions, to conduct operations described in subparagraphs (B) through (D) are present in— the inventory of the military forces of Israel; the War Reserves Stock Allies-Israel; any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary considers appropriate to disclose to the Government of Israel; or the inventory of the United States Armed Forces, as the Secretary considers appropriate to disclose to the Government of Israel. The current inventory of such munitions, including precision-guided munitions, possessed by the United States, and whether, as of the date on which the applicable assessment is completed, the United States is assessed to have sufficient munitions to meet the requirements of current operation plans of the United States or global other munitions requirements. United States planning and steps being taken— to assist Israel to prepare for the contingencies, and to conduct the operations, described in subparagraphs (B) through (D); and to resupply Israel with the quantity and type of such munitions described in such subparagraphs in the event of a sustained armed confrontation described in such subparagraphs. The quantity and pace at which the United States is capable of pre-positioning, increasing, stockpiling, or rapidly replenishing, or assisting in the rapid replenishment of, such munitions in preparation for, and in the event of, such a sustained armed confrontation. In carrying out the assessment required by paragraph (1), the Secretary shall consult with the Israeli Ministry of Defense, provided that the Israeli Ministry of Defense agrees to be so consulted. Not later than 15 days after the date on which each Department of Defense assessment required by subsection (b) is completed, the Secretary shall submit to the appropriate committees of Congress a report on such assessment. Not later than 180 days after the date on which the report required by paragraph (1) is submitted, and every 180 days thereafter through December 31, 2028, the Secretary shall submit to the appropriate committees of Congress a report that— details the actions being taken by the United States, if any, to pre-position, increase, stockpile, address shortfalls, and otherwise ensure that the War Reserves Stock Allies-Israel has, and assist Israel in ensuring that Israel has, sufficient quantities and types of munitions, including precision-guided munitions, to conduct the operations described in subparagraphs (B) through (D) of subsection (b)(1); and includes a description of procedures implemented by the United States, if any, for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary. The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. In this subsection, the term appropriate committees of Congress means— the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. Section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2066) is amended by striking subsection (b). Section 1275 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended by striking subsection (d).

1299J. Improvements to security cooperation workforce and defense acquisition workforce The Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, as amended by section 1209 of this Act— carry out activities to professionalize, and increase the resources available to, the security cooperation workforce so as to enable the streamlining and expediting of the foreign military sales process; and seek to ensure that— members of the defense acquisition workforce involved in the foreign military sales process are aware of evolving United States regional and country-level defense capability-building priorities; and members of the defense acquisition workforce are professionally evaluated using metrics to measure— responsiveness to foreign partner requests; ability to meet foreign partner capability and delivery schedule requirements; and advancement of foreign capability-building priorities described in the guidance updated under subsection (b). 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 resources necessary to implement paragraph (1), including— the anticipated costs of new personnel and training to carry out such paragraph; the estimated increase in foreign military sales administrative user fees necessary to offset such costs; and the feasibility and advisability of establishing, at the Department of Defense level or the military department level, a contracting capacity that— is specific to the execution of contracts for foreign military sales; is fully funded by the Defense Security Cooperation Agency using foreign military sales administrative funds so as to ensure that such capacity is dedicated solely to foreign military sales contracting; is monitored by the Defense Security Cooperation Agency Chief Performance Office, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to ensure effectiveness in meeting foreign military sales contracting requirements; and empowers the Director of the Defense Security Cooperation Agency, in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment, to increase or decrease foreign military sales contracting capacity through the guidance updated under subsection (b). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance— incorporates the National Security Strategy and the National Defense Strategy; is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands; and is disseminated to the security cooperation workforce and the defense acquisition workforce. The updated guidance required by paragraph (1) shall— identify— regional and country-level foreign defense capability-building priorities; and levels of urgency and desired timelines for achieving foreign capability-building objectives; and provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs. The Secretary of Defense may establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the Board) to serve as an enduring governance structure within the Department of Defense that reports to the Secretary on matters relating to the foreign military sales process so as to enhance accountability and continuous improvement within the Department, including the objectives of— improving the understanding, among officials of the Department, of ally and partner requirements; enabling efficient reviews for release of technology; providing allies and partner countries with relevant priority equipment; accelerating acquisition and contracting support; expanding the capacity of the defense industrial base; and working with other departments and agencies to promote broad United States Government support. The Board shall be composed of not fewer than seven members, each of whom shall have expertise in the foreign military sales process. The Board may not have as a member— an officer or employee of the Department of Defense; or a member of the United States Armed Forces. In this section: The term defense acquisition workforce means the Department of Defense acquisition workforce described in chapter 87 of title 10, United States Code. The term security cooperation workforce has the meaning given the term in section 384 of title 10, United States Code.

1299K. Modification of foreign military sales processing The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency. The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response— in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency; in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date. The Secretary of Defense may waive paragraphs (1) and (2) if— such a waiver is in the national security interests of the United States; and not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline. With respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)). In this section: The term blanket-order letter of offer and acceptance means an agreement between an eligible foreign purchaser and the United States Government for a specific category of items or services (including training) that— does not include a definitive listing of items or quantities; and specifies a maximum dollar amount against which orders for defense articles and services may be placed. The term cooperative logistics supply support arrangement means a military logistics support arrangement designed to provide responsive and continuous supply support at the depot level for United States-made military materiel possessed by foreign countries or international organizations. The term defined-order letter of offer and acceptance means a foreign military sales case characterized by an order for a specific defense article or service that is separately identified as a line item on a letter of offer and acceptance. The term implementing agency means the military department or defense agency assigned, by the Director of the Defense Security Cooperation Agency, the responsibilities of— preparing a letter of offer and acceptance; implementing a foreign military sales case; and carrying out the overall management of the activities that— will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and was accepted by an eligible foreign purchaser. The term letter of request— means a written document— submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and that contains all relevant information in such form as may be required by the Secretary of Defense; and includes— a formal letter; an e-mail; signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency. The term major defense partner means— India; and any other country, as designated by the Secretary of Defense. The term major non-NATO ally— has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403)); and includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 (Public Law 107–228; 22U.S.C. 2321k note). The term major security partner means— the United Arab Emirates; Bahrain; Saudi Arabia; and any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence.

1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.

1402. Chemical Agents and Munitions Destruction, Defense Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. 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); and the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

1403. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.

1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2024 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.

1411. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling The Secretary of Defense shall establish policies and procedures— to identify end-of-life equipment of the Department of Defense that contains rare earth elements and other materials determined pursuant to section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be strategic and critical materials; and to identify, establish, and implement policies and procedures to recover such materials from such equipment for the purposes of reuse by the Department of Defense.

1412. Improvements to Strategic and Critical Materials Stock Piling Act Section 2 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a) is amended by adding at the end the following new subsection: To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5). Section 6 of such Act (50 U.S.C. 98e) is amended— in subsection (a)(5), by striking from excess and all that follows and inserting from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;; in subsection (c)(1), by striking subsection (a)(5) or (a)(6) and inserting subsection (a)(6) or (a)(7); in subsection (d)(2), by striking subsection (a)(5) and inserting subsection (a)(6); and by adding at the end the following new subsections: The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile. The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)— as soon as practicable after the establishment of the pilot program under paragraph (1); and annually thereafter until the termination of the pilot program under paragraph (3). The briefing required by subparagraph (A)(i) shall address— the commercial best practices selected for use under the pilot program; how the Stockpile Manager determined which commercial best practices to select; and the plan of the Stockpile Manager for using such practices. Each briefing required by subparagraph (A)(ii) shall provide a summary of— how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing; how many times the Stockpile Manager has used such practices; the outcome of each use of such practices; and any savings achieved or lessons learned as a result of the use of such practices. The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive. Section 15 of such Act (50 U.S.C. 98h–6) is amended to read as follows: Subject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— limits the liability of the stockpile to not more than the total funding provided by the Federal Government; limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. The term of a contract or commitment made under subsection (a) may not exceed ten years. A contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. To the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5). Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. In this section, the term bankable feasibility study means a comprehensive technical and economic study— of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project. Section 8(a) of such Act (50 U.S.C. 98g(a)) is amended— in paragraph (1)(A), by striking or in its territories or possessions, and inserting its territories or possessions, or in a reliable source; and in paragraph (2), by striking in order to— and all that follows through mineral products. and inserting the following: in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.. Section 12 of such Act (50 U.S.C. 98h–3) is amended by striking paragraph (3) and inserting the following new paragraph (3): The term reliable source mean a citizen or business entity 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 of title 10, United States Code; or a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement. Subsection (e) of section 10 of such Act (50 U.S.C. 98h–1) is amended to read as follows: Section 1013 of title 5, United States Code, shall not apply to the Board. (d)To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5).. (g)(1)The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile.(2)(A)The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)—(i)as soon as practicable after the establishment of the pilot program under paragraph (1); and(ii)annually thereafter until the termination of the pilot program under paragraph (3).(B)The briefing required by subparagraph (A)(i) shall address—(i)the commercial best practices selected for use under the pilot program; (ii)how the Stockpile Manager determined which commercial best practices to select; and(iii)the plan of the Stockpile Manager for using such practices.(C)Each briefing required by subparagraph (A)(ii) shall provide a summary of—(i)how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;(ii)how many times the Stockpile Manager has used such practices;(iii)the outcome of each use of such practices; and(iv)any savings achieved or lessons learned as a result of the use of such practices.(3)The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. (h)Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive.. 15.Development and conservation of reliable sources(a)DutiesSubject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—(1)by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2)by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3)by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4)by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and(5)by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—(A)limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B)limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C)does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.(b)Additional authorities(1)Extended contracting authority(A)In generalThe term of a contract or commitment made under subsection (a) may not exceed ten years. (B)Preexisting contractsA contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2)Matters relating to co-funding of bankable feasibility studiesTo the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5).(c)Proposed transactions included in annual materials planDescriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5.(d)Availability of fundsThe authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations.(e)Bankable feasibility study definedIn this section, the term bankable feasibility study means a comprehensive technical and economic study—(1)of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and(2)that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.. (i)The term reliable source mean a citizen or business entity of—(I)the United States or any territory or possession of the United States;(II)a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or(III)a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement.. (e)Application of provisions relating to Federal advisory committeesSection 1013 of title 5, United States Code, shall not apply to the Board..

15. Development and conservation of reliable sources Subject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— limits the liability of the stockpile to not more than the total funding provided by the Federal Government; limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. The term of a contract or commitment made under subsection (a) may not exceed ten years. A contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. To the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5). Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. In this section, the term bankable feasibility study means a comprehensive technical and economic study— of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.

1413. Authority to dispose of materials from the National Defense Stockpile Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile Manager may dispose of the following materials contained in the National Defense Stockpile in the following quantities: 8 short tons of beryllium. 154,043 short dry tons of metallurgical grade manganese ore. 5,000 kilograms of germanium. 91,413 pounds of pan-based carbon fibers. Not more than 1,000 short tons of materials transferred from another department or agency of the United States to the National Defense Stockpile under section 4(b) of such Act (50 U.S.C. 98c(b)) that the National Defense Stockpile Manager determines is no longer required for the Stockpile (in addition to any amount of such materials previously authorized for disposal).

1423. Modification of leasing authority of Armed Forces Retirement Home Section 1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended by adding at the end the following new paragraphs: Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest. No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed. Section 1511(i)(7) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended— by inserting an agreement with a potential lessee or after The proceeds from; and by striking the period at the end and inserting , to remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this subsection.. (9)Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest.(10)No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed..

1501. Acquisition strategy for Phase 3 of the National Security Space Launch program With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2025 through 2029, the Secretary of Defense shall establish— a low-risk launch program, to be known as Lane One, that consists of an indefinite delivery indefinite quantity acquisition approach based on not fewer than 20 launches so as to encourage the capabilities of new entrants that have conducted not fewer than one previous launch; and a launch program, similar to the Phase Two National Security Assured Access Launch program, to be known as Lane Two, that meets all National Security Space Launch requirements, with full mission assurance, based on not fewer than 35 launches. With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2027 through 2029, the Secretary of Defense shall establish an accession launch program, to be known as Lane Two A, using the requirements of the program established under subsection (a)(2) based on five launches of GPS Block IIIF satellites or satellites the launches of which are complex, high-energy missions.

1502. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall— designate a date for the delivery of the initial operating capability for the Advanced Tracking and Launch Analysis System (ATLAS); and notify the congressional defense committees of such date. If the initial operating capability for ATLAS is not achieved by the date designated under paragraph (1)(A), the Secretary shall— terminate the ATLAS program; designate an alternative program option that provides a comparable capability to the capability intended to be provided by ATLAS; and not later than 30 days after such date, notify the congressional defense committees with respect to— such termination; the designated alternative program option; the justification for selecting such option; and the estimated time and total costs to completion of such option. The Secretary shall enter into a contract with a federally funded research and development center under which the federally funded research and development center shall, not less frequently than every 2 years through 2032, conduct a review of the space command and control software acquisition program to assess the ability of such program to build a software framework that integrates multiple aspects of space operations to enable the warfighter to command and control space assets in a time of conflict. Each review under paragraph (1) shall consider the integration into such software framework of the following: Sensor data applicable to the command and control of space assets. Information contained in the Unified Data Library relating to the number and location of space objects. The ability to control space assets based on such data and information. Any other matter the Secretary considers necessary. The Secretary shall provide the congressional defense committees with a briefing on the findings of each review under paragraph (1), including— an assessment of any deficiency identified in the review; and a plan to address such deficiency in a timely manner.

1503. Department of the Air Force responsibility for space-based ground and airborne moving target indication The Department of the Air Force shall be responsible for— serving as the final authority for the tasking of space-based ground and airborne moving target indication systems that— are primarily or fully funded by the Department of Defense; and provide near real-time, direct support to satisfy theater operations; and presenting such capability to the combatant commands to accomplish the warfighting missions of the combatant commands under the Unified Command Plan. Subject to section 4204 of title 10, United States Code, the Secretary of the Air Force, in consultation with the Director of National Intelligence, shall be the Milestone A approval (as defined in section 4211 of such title) decision authority for space-related acquisition programs for ground and airborne moving target indication collection assets described in subsection (a) that are primarily or fully funded within the Military Intelligence Program.

1504. Principal Military Deputy for Space Acquisition and Integration Section 9016(b)(6) of title 10, United States Code, is amended— by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following new subparagraph (B): The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principle Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year. (B)The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principle Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year..

1505. Use of middle tier acquisition authority for Space Development Agency acquisition program The Director of the Space Development Agency shall use the middle tier of acquisition authority, consistent with section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.) and Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction), for the rapid fielding of satellites and associated systems for Tranche 1, Tranche 2, and Tranche 3 of the proliferated warfighter space architecture of the Space Development Agency. Any tranche of satellites or associated systems developed and fielded under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an approved requirement. The Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capability acquisition program, consistent with Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction). Not later than 90 days before the date on which a designation under paragraph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the congressional defense committees of the intent to so designate and provide a justification for such designation.

1506. Special authority for provision of commercial space launch support services Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section: The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. The Secretary may not delegate the authority provided in subparagraph (A). A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. A contract entered into, or a transaction conducted, under paragraph (1) may— include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. The Secretary shall promulgate regulations to carry out this subsection. In this section: The term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. The terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States. The table of sections for chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276 the following: 2276a.Special authority for provision of commercial space launch support services(a)In generalThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.(b)Provision of launch equipment and services to commercial entities(1)Agreement authority(A)In generalThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch.(B)NondelegationThe Secretary may not delegate the authority provided in subparagraph (A). (2)Agreement costs(A)Direct costsA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction.(B)Indirect costsA contract entered into, or a transaction conducted, under paragraph (1) may—(i)include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and(ii)provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable.(3)Retention of funds collected from commercial usersAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred.(4)RegulationsThe Secretary shall promulgate regulations to carry out this subsection.(c)DefinitionsIn this section:(1)Space launchThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle.(2)Commercial entity; commercialThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.. 2276a. Special authority for provision of commercial space launch support services..

2276a. Special authority for provision of commercial space launch support services The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. The Secretary may not delegate the authority provided in subparagraph (A). A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. A contract entered into, or a transaction conducted, under paragraph (1) may— include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. The Secretary shall promulgate regulations to carry out this subsection. In this section: The term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. The terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.

1507. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program The Under Secretary of Defense for Acquisition and Sustainment shall treat the Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program of the Air Force (Program Element 0604201F) as an acquisition category 1D program, and the authority to manage such program may not be delegated.

1508. Briefing on classification practices and foreign disclosure policies required for combined space operations Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the classification practices and foreign disclosure policies required to enable the development and conduct of combined space operations among the following countries: Australia. Canada. France. Germany. New Zealand. The United Kingdom. The United States. Any other ally or partner country, as determined by the Secretary of Defense or the Director of National Intelligence. The briefing required by subsection (a) shall include the following: The military and national intelligence information required to be shared with the countries described in subsection (a) so as to enable the development and conduct combined space operations. The policy, organizational, or other barriers that currently prevent such information sharing for combined space operations. The actions being taken by the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to remove the barriers to such information sharing, and the timeline for implementation of such actions. Any statutory changes required to remove such barriers. Any other matter, as determined by the Secretary of Defense or the Director of National Intelligence. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the implementation of the actions described in subsection (b)(3). In this section, the term appropriate committees of Congress means— the congressional defense committees; and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).

1509. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by the United States Space Command for headquarters operations until the report required under subsection (c) is submitted. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 to the Office of the Secretary of the Air Force for travel expenditures, not more than 50 percent may be obligated or expended until the report required under subsection (c) is submitted. The Secretary of the Air Force shall submit to the congressional defense committees a report on the justification for the selection of a permanent location for headquarters of the United States Space Command.

1511. Prohibition on reduction of the 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 2024 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: 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, sustainment, or replacement of intercontinental ballistic missiles. Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

1512. Sentinel intercontinental ballistic missile program silo activity The LGM–35A Sentinel intercontinental ballistic missile program shall refurbish and make operable not fewer than 150 silos for intercontinental ballistic missiles at each of the following locations: Francis E. Warren Air Force Base, Laramie County, Wyoming. Malmstrom Air Force Base, Cascade County, Montana. Minot Air Force Base, Ward County, North Dakota.

1513. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system Subject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multi-year contracts for the procurement of up to 659 Sentinel intercontinental ballistic missiles and for subsystems associated with such missiles. The Secretary of the Air Force may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Sentinel intercontinental ballistic missiles for which authorization to enter into a multi-year procurement contract is provided under subsection (a), and for subsystems associated with such missiles in economic order quantities when cost savings are achievable. A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. If the total base quantity of Sentinel intercontinental ballistic missiles to be procured through all contracts entered into under subsection (a) is less than 659, the Secretary of the Air Force shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional Sentinel intercontinental ballistic missiles such that the sum of such base quantity and the number of such missiles that may be procured through the exercise of such options is equal to 659 missiles. In this subsection: The term base quantity means the quantity of Sentinel intercontinental ballistic missiles to be procured under a contract entered into under subsection (a), excluding any quantity of such missiles that may be procured through the exercise of an option that may be part of such contract. The term pre-priced option means a contract option for a contract entered into under subsection (a) that, if exercised, would allow the Secretary of the Air Force to procure a quantity of intercontinental ballistic missiles at a predetermined price specified in such contract. The Secretary of the Air Force may not modify a contract entered into under subsection (a) if the modification would increase the per unit price of the Sentinel intercontinental ballistic missiles by more than 10 percent above the target per unit price specified in the original contract for such missiles under subsection (a). Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in subsection (b)(1), by inserting , who shall report directly to the Commander of Air Force Global Strike Command after Modernization; and by striking subsection (d)(1) and inserting the following: For purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM-35A Sentinel intercontinental ballistic missile shall be a weapon system. (1)Weapon systemFor purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM-35A Sentinel intercontinental ballistic missile shall be a weapon system..

1514. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet The Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall develop a plan to decrease the amount of time required to upload additional warheads to the intercontinental ballistic missile force. The plan required by subsection (a) shall include the following: An assessment of the storage capacity of weapons storage areas and any weapons generation facilities at covered bases, including the capacity of each covered base to store additional warheads. An assessment of the current nuclear warhead transportation capacity of the National Nuclear Security Administration and associated timelines for transporting additional nuclear warheads to covered bases. An evaluation of the capacity of the maintenance squadrons and security forces at covered bases and the associated timelines for adding warheads to the intercontinental ballistic missile force. An identification of actions that would address any identified limitations and increase the readiness of the intercontinental ballistic missile force to upload additional warheads. An evaluation of courses of actions to upload additional warheads to a portion of the intercontinental ballistic missile force. An assessment of the feasibility and advisability of initiating immediate deployment of W78 warheads to a single wing of the intercontinental ballistic missile force as a hedge against delay of the LGM-35A Sentinel intercontinental ballistic missile. A funding plan for carrying out actions identified in paragraphs (4) and (5). Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Commander of the United States Strategic Command shall submit to the congressional defense committees the plan required by subsection (a). The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. Not later than 30 days after the submission of the plan required by subsection (a), the Secretary of the Air Force and the Commander of the United States Strategic Command shall brief the congressional defense committees on the actions being pursued to implement the plan. The term covered base means the following: Francis E. Warren Air Force Base, Laramie County, Wyoming. Malmstrom Air Force Base, Cascade County, Montana. Minot Air Force Base, Ward County, North Dakota.

1515. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by— redesignating subsection (e) as subsection (f); and inserting after subsection (d), the following new subsection (e): The Secretary of Defense shall— not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities, as the Secretary considers necessary, with respect to other components of the Department of Defense participating in the Task Force; and not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation. (e)Delegation of authorityThe Secretary of Defense shall—(1)not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities, as the Secretary considers necessary, with respect to other components of the Department of Defense participating in the Task Force; and(2)not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation..

1516. Long-term sustainment of Sentinel ICBM guidance system Prior to issuing a Milestone C decision for the program to develop the LGM–35A Sentinel intercontinental ballistic missile system (referred to in this section as the Sentinel), the Under Secretary of Defense for Acquisition and Sustainment shall certify to the congressional defense committees that there is a long-term capability in place to maintain and modernize the guidance system of the Sentinel over the full life cycle of the Sentinel. The certification described in subsection (a) shall include a list of capabilities to maintain and advance— accelerometers; gyroscopes; guidance computers; specialized mechanical and retaining assemblies; test equipment; and such other components to ensure the guidance system will be maintained and modernized over the life of the Sentinel.

1517. Sense of Senate on Polaris Sales Agreement The Senate finds the following: On December 21, 1962, President John F. Kennedy and Prime Minister of the United Kingdom Harold Macmillan met in Nassau, Bahamas, and issued a joint statement (commonly referred to as the Statement on Nuclear Defense Systems), agreeing that the United States would make Polaris missiles available on a continuing basis to the United Kingdom for use in submarines. On April 6, 1963, Secretary of State Dean Rusk and Her Majesty's Ambassador to the United States David Ormsby-Gore signed the Polaris Sales Agreement, reaffirming the Statement on Nuclear Defense Systems and agreeing that the United States Government shall provide and the Government of the United Kingdom shall purchase from the United States Government Polaris missiles, equipment, and supporting services. The HMS Resolution launched the first Polaris missile of the United Kingdom on February 15, 1968, and, in 1969, commenced the first strategic deterrent patrol for the United Kingdom, initiating a continuous at-sea deterrent posture for the United Kingdom that remains in effect. The Polaris Sales Agreement was amended to include the Trident II (D5) strategic weapon system on October 19, 1982, in Washington, D.C., through an exchange of notes between Secretary of State Jonathan Howe and Her Majesty's Ambassador to the United States Oliver Wright. Through an exchange of letters in 2008 between the Secretary of Defense the Honorable Robert Gates and the Secretary of State for Defence of the United Kingdom the Right Honorable Desmond Browne and under the auspices of the Polaris Sales Agreement, the United States Government and the Government of the United Kingdom agreed to continue cooperation to design a common missile compartment for the follow-on ballistic missile submarines of each nation. It is the sense of the Senate that the Senate— recognizes the 60th anniversary of the Polaris Sales Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland; congratulates the Royal Navy for steadfastly maintaining the Continuous At-Sea Deterrent; Recognizes the important contribution of the Continuous At-Sea Deterrent to the North Atlantic Treaty Organization; reaffirms that the United Kingdom is a valued and special ally of the United States; and looks forward to continuing and strengthening the shared commitment of the United States and the United Kingdom to sustain submarine-based strategic deterrents well into the future.

1518. Matters relating to the nuclear-armed sea-launched cruise missile Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— establish a program for the development of a nuclear-armed, sea-launched cruise missile capability; designate such program as an acquisition category 1D program, to be managed consistent with the provisions of Department of Defense Instruction 5000.85 (relating to major capability acquisition); initiate a nuclear weapon project for the W80-4 ALT warhead, at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to align with the program described in paragraph (1); submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, for participation in and support for the W80-4 ALT warhead project; and designate the Department of the Navy as the military department to lead the W80-4 ALT nuclear weapon program for the Department of Defense. The Secretary of Defense and the Administrator for Nuclear Security shall take such actions as necessary to ensure the program described in subsection (a) achieves initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command, by not later than fiscal year 2035. The Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000), for the W80-4 ALT program. Beginning not later than November 1, 2023, and on March 1 and September 1 of each year thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command, shall jointly brief the congressional defense committees on the progress of the program described in subsection (a). Each briefing required under paragraph (1) shall include— a description of significant achievements of the program described in subsection (a) completed during the period specified in paragraph (3) and any planned objectives that were not achieved during such period; for the 180-day period following the briefing— planned objectives for the programs; and anticipated spending plans for the programs; a description of any notable technical hurdles that could impede timely completion of the programs; and any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate. The period specified in this paragraph is— in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and in the case of any subsequent such briefing, the period since the previous such briefing. The requirement to provide briefings under paragraph (1) shall terminate on the date that the program described in subsection (a) achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command. In this section, the term phase 6.X process means the phase 6.X process for major stockpile sustainment activities set forth in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000.

1519. Operational timeline for Strategic Automated Command and Control System The Secretary of the Air Force shall develop a replacement of the Strategic Automated Command and Control System (SACCS) by not later than the date that the LGM–35A Sentinel intercontinental ballistic missile program reaches initial operational capability. The replacement required by subsection (a) shall— replace the SACCS base processors; replace the SACCS processors at launch control centers; provide internet protocol connectivity for wing-wide command centers of the LGM–35A Sentinel intercontinental ballistic missile program; include such other capabilities necessary to address the evolving requirements of the LGM–35A Sentinel intercontinental ballistic missile program as the Secretary considers appropriate.

1520. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems Section 492a of title 10, United States Code, is amended by adding at the end the following new subsection: Not later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, the Commander of United States Strategic Command shall complete an independent assessment of the sufficiency of the execution of acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements. The assessment required under paragraph (1) shall evaluate the ongoing execution of modernization programs associated with— the nuclear weapons design, production, and sustainment infrastructure; the nuclear weapons stockpile; the delivery systems for nuclear weapons; and the nuclear command, control, and communications system. Not later than 15 days after completion of the assessment required by paragraph (1), the Commander of United States Strategic Command shall— submit the assessment to the Chairman of the Nuclear Weapons Council; and notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council. Not later than 15 days after the Chairman of the Nuclear Weapons Council receives the assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees. (d)Independent assessment by United States Strategic Command(1)In generalNot later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, the Commander of United States Strategic Command shall complete an independent assessment of the sufficiency of the execution of acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements. (2)ContentsThe assessment required under paragraph (1) shall evaluate the ongoing execution of modernization programs associated with—(A)the nuclear weapons design, production, and sustainment infrastructure;(B)the nuclear weapons stockpile;(C)the delivery systems for nuclear weapons; and(D)the nuclear command, control, and communications system.(3)Routing and submission(A)Submission to Nuclear Weapons CouncilNot later than 15 days after completion of the assessment required by paragraph (1), the Commander of United States Strategic Command shall—(i)submit the assessment to the Chairman of the Nuclear Weapons Council; and (ii)notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council.(B)Submission to CongressNot later than 15 days after the Chairman of the Nuclear Weapons Council receives the assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees..

1521. Technical amendment to additional report matters on strategic delivery systems Section 495(b) of title 10, United States Code, is amended in the matter preceding paragraph (1)— by striking before fiscal year 2020 and inserting prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the New START Treaty); and by striking 1043 of the National Defense Authorization Act for Fiscal Year 2012 and inserting 492(a) of title 10, United States Code,.

1522. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets Section 1674 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— in subsection (e)— in the heading, by striking on Use of Funds; and by striking none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the Department of Energy for the deactivation, dismantlement, or retirement of the B83–1 nuclear gravity bomb may be obligated or expended and inserting neither the Secretary of Defense nor the Secretary of Energy may take any action; and in subsection (f), by striking on the use of funds under and inserting in.

1523. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office Of the funds authorized to be appropriated by this Act for fiscal year 2024 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy, not more than 50 percent may be obligated or expended until the date on which the Comptroller General of the United States notifies the congressional defense committees that the Secretary of Defense has fully complied with information requests by the Government Accountability Office with respect to the conduct of the study required by section 1652 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2100).

1531. Designation of official responsible for missile defense of Guam Paragraph (1) of section 1660(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended to read as follows: The Secretary of Defense shall designate the Under Secretary of Defense for Acquisition and Sustainment as the senior official of the Department of Defense who shall be responsible for the missile defense of Guam during the period preceding the date specified in paragraph (5). (1)DesignationThe Secretary of Defense shall designate the Under Secretary of Defense for Acquisition and Sustainment as the senior official of the Department of Defense who shall be responsible for the missile defense of Guam during the period preceding the date specified in paragraph (5)..

1532. Selection of a Director of the Missile Defense Agency Subsection (a) of section 205 of title 10, United States Code, is amended to read as follows: There is a Director of the Missile Defense Agency who shall be appointed for a period of six years by the President from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force or from among the flag officers on active duty in the Navy. (a)Director of the Missile Defense AgencyThere is a Director of the Missile Defense Agency who shall be appointed for a period of six years by the President from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force or from among the flag officers on active duty in the Navy..

1533. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs Section 232(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1339), as amended by section 1688 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1144) and section 1644 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062), is further amended— in paragraph (1), by striking through 2025 and inserting through 2030; in paragraph (2), by striking through 2026 and inserting through 2031; and in paragraph (3)— in the paragraph heading, by striking emerging and inserting other Department of Defense missile defense acquisition efforts and related; by striking emerging issues and and inserting emerging issues, any Department of Defense missile defense acquisition efforts, and any other related issue and; and by inserting on a mutually agreed upon date before the period at the end.

1535. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland Section 1668(f) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended— by inserting and the product development phase after technology development phase each place is appears; and in paragraph (7), by striking enter the product development phase and inserting enter the production phase.

1536. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report Of the funds authorized to be appropriated for fiscal year 2024 by section 301 for operation and maintenance, Defense-wide, and available for the Office of Cost Assessment and Program Evaluation, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required by section 1675(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81).

1537. Integrated air and missile defense architecture for the Indo-Pacific region The Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, develop a comprehensive strategy for developing, acquiring, and operationally establishing an integrated air and missile defense architecture for the United States Indo-Pacific Command area of responsibility. At a minimum, the strategy required by subsection (a) shall address the following: The sensing, tracking, and intercepting capabilities required to address the full range of credible missile threats to— the Hawaiian Islands; the island of Guam and other islands in the greater Marianas region, as determined necessary by the Commander of United States Indo-Pacific Command; other United States territories within the area of responsibility of United States Indo-Pacific Command; and United States forces deployed within the territories of other nations within such area of responsibility. The appropriate balance of missile detection, tracking, defense, and defeat capabilities within such area of responsibility. A command and control network for integrating missile detection, tracking, defense, and defeat capabilities across such area of responsibility. A time-phased scheduling construct for fielding the constituent systems that will comprise the integrated air and missile defense architecture for such area of responsibility. Not later than March 15, 2024, and not less frequently than once each year thereafter, the Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, submit to the congressional defense committees an annual report outlining the following with regard to the strategy developed pursuant to subsection (a): The activities conducted and progress made in developing and implementing the strategy over the previous calendar year. The planned activities for developing and implementing the strategy in the upcoming year. A description of likely risks and impediments to the successful implementation of the strategy. The requirements of paragraph (1) shall terminate on the earlier of the following: March 15, 2029. The date on which a comprehensive integrated air and missile defense architecture for the area of responsibility of United States Indo-Pacific Command has achieved initial operational capability, as determined jointly by the Commander of United States Indo-Pacific Command and the Director of the Missile Defense Agency. Of the equipment and components previously procured by the Department of Defense for the purposes of constructing the Homeland Defense Radar–Hawaii, none of such assets may be repurposed for other uses until the first annual report required by subsection (c)(1) is submitted to the congressional defense committees pursuant to such subsection.

1538. Modification of National Missile Defense policy Section 1681(a) of the of the National Defense Authorization Act for fiscal year 2017 (Public Law 114–328; 10 U.S.C. 4205 note) is amended to read as follows: It is the policy of the United States to— maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense— an effective, layered missile defense system capable of defending the territory of the United States against the developing and increasingly complex missile threat; and an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States. (a)PolicyIt is the policy of the United States to—(1)maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense—(A)an effective, layered missile defense system capable of defending the territory of the United States against the developing and increasingly complex missile threat; and(B)an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and(2)rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States..

1541. Electronic warfare Part I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: There is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee). The Executive Committee shall— serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; 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, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. The Executive Committee shall— advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and carrying out other related duties; and act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. The Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community. The Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. The Executive Committee may hold meetings by videoconference. The Executive Committee shall be composed of the following principal members: The Under Secretary of Defense for Acquisition and Sustainment. The Vice Chairman of the Joint Chiefs of Staff. The Under Secretary of Defense for Intelligence and Security. The Under Secretary of Defense for Policy. The Commander of the United States Strategic Command. The Chief Information Officer of the Department of Defense. Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. The Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. The co-chairs of the Executive Committee shall— preside at all Executive Committee meetings or have their designees preside at such meetings; provide administrative control of the Executive Committee; jointly guide the activities and actions of the Executive Committee; approve all agendas for and summaries of meetings of the Executive Committee; charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. There is within the Executive Committee an electronic warfare capability team, which shall— serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and in that capacity— provide initial senior level coordination on key electronic warfare issues; prepare recommended courses of action to present to the Executive Committee; and perform other related duties. The electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). The principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. The Executive Committee shall establish mission area working groups on a temporary basis— to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and to perform other related duties. The Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. The Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. Not later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year. The Secretary of Defense shall— establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors. At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. Each report required under subsection (a) shall include each of the following: A description and overview of— the electronic warfare strategy of the Department of Defense; how such strategy supports the National Defense Strategy; and the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. For each unclassified program or project on the list required by paragraph (2)— the senior acquisition executive and organization responsible for oversight of the program or project; whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; the development or procurement schedule for the program or project; an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; the technology readiness level of each critical technology that is part of the program or project; whether or not the program or project is redundant or overlaps with the efforts of another military department; and the capability gap that the program or project is being developed or procured to fulfill. A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. The establishment and operation of associated joint electromagnetic spectrum operations cells. The Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. A statement of the elements of the implementation plan that have been achieved. For each element that has been achieved, an assessment of whether the element is having its intended effect. For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. Such additional matters as the Chief Information Officer considers appropriate. In this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan. Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command. The operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. The readiness of the combatant commands to conduct such operations. Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations. Not later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: The Electromagnetic Spectrum Superiority Strategy. The Joint Staff-developed concept of operations for electromagnetic spectrum operations. The operations and contingency plans of the combatant commands. Not later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. Each evaluation under paragraph (1) shall include an assessment of the following: Current programs of record, including— the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and the ability of electronic warfare capabilities to disrupt adversary operations. Future programs of record, including— the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. Order of battle. Individual and unit training. Tactics, techniques, and procedures, including— maneuver, distribution of assets, and the use of decoys; and integration of non-kinetic and kinetic fires. Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). Not later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: The Electromagnetic Spectrum Superiority Strategy. The Joint Staff-developed concept of operations for electromagnetic spectrum operations. Each evaluation under paragraph (1) shall include an assessment, as relevant, of the following: Operation and contingency plans. The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. Mission rehearsal and exercises. Force positioning, posture, and readiness. Not later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation. The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 24 the following new item: Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 113 note) is repealed. 25Electronic WarfareSec. 500. Electronic Warfare Executive Committee. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 500b. Annual report on electronic warfare strategy of the Department of Defense. 500c. Annual assessment of budget with respect to electronic warfare capabilities. 500d. Electromagnetic spectrum superiority implementation plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions. 500.Electronic Warfare Executive Committee(a)In generalThere is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee).(b)PurposesThe Executive Committee shall—(1)serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare;(2)provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3)act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters.(c)ResponsibilitiesThe Executive Committee shall—(1)advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure;(2)provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities—(A)by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and(B)carrying out other related duties; and(3)act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters.(d)Coordination with intelligence communityThe Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community.(e)Meetings(1)FrequencyThe Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues.(2)FormThe Executive Committee may hold meetings by videoconference.(f)Membership(1)In generalThe Executive Committee shall be composed of the following principal members:(A)The Under Secretary of Defense for Acquisition and Sustainment. (B)The Vice Chairman of the Joint Chiefs of Staff.(C)The Under Secretary of Defense for Intelligence and Security.(D)The Under Secretary of Defense for Policy.(E)The Commander of the United States Strategic Command.(F)The Chief Information Officer of the Department of Defense.(G)Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. (g)Co-chairs of Executive Committee(1)In generalThe Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2)Responsibilities of co-chairsThe co-chairs of the Executive Committee shall—(A)preside at all Executive Committee meetings or have their designees preside at such meetings;(B)provide administrative control of the Executive Committee;(C)jointly guide the activities and actions of the Executive Committee;(D)approve all agendas for and summaries of meetings of the Executive Committee;(E)charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and(F)perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee.(h)Electronic warfare capability team(1)In generalThere is within the Executive Committee an electronic warfare capability team, which shall—(A)serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B)in that capacity—(i)provide initial senior level coordination on key electronic warfare issues; (ii)prepare recommended courses of action to present to the Executive Committee; and (iii)perform other related duties.(2)Co-chairsThe electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8).(3)StaffThe principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team.(i)Mission area working groups(1)In generalThe Executive Committee shall establish mission area working groups on a temporary basis—(A)to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B)to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C)to perform other related duties.(2)DissolutionThe Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved.(j)AdministrationThe Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee.(k)Report to CongressNot later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year. 500a.Guidance on the electronic warfare mission area and joint electromagnetic spectrum operationsThe Secretary of Defense shall—(1)establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and(2)ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.500b.Annual report on electronic warfare strategy of the Department of Defense(a)In generalAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense.(b)Contents of reportEach report required under subsection (a) shall include each of the following:(1)A description and overview of—(A)the electronic warfare strategy of the Department of Defense;(B)how such strategy supports the National Defense Strategy; and(C)the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects.(2)A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy.(3)For each unclassified program or project on the list required by paragraph (2)—(A)the senior acquisition executive and organization responsible for oversight of the program or project;(B)whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements;(C)the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding;(D)the development or procurement schedule for the program or project;(E)an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same;(F)the technology readiness level of each critical technology that is part of the program or project;(G)whether or not the program or project is redundant or overlaps with the efforts of another military department; and(H)the capability gap that the program or project is being developed or procured to fulfill.(4)A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). 500c.Annual assessment of budget with respect to electronic warfare capabilitiesAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following:(1)The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.(2)The establishment and operation of associated joint electromagnetic spectrum operations cells. 500d.Electromagnetic spectrum superiority implementation plan(a)In generalThe Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan.(b)Report requiredConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan:(1)The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan.(2)A statement of the elements of the implementation plan that have been achieved.(3)For each element that has been achieved, an assessment of whether the element is having its intended effect.(4)For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress.(5)For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element.(6)Such additional matters as the Chief Information Officer considers appropriate.(c)Electromagnetic superiority implementation plan definedIn this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan.500e.Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations(a)In generalNot later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command.(b)FunctionThe operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations.(c)Briefings requiredConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following:(1)Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability.(2)The readiness of the combatant commands to conduct such operations.(3)Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies.(4)Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations. 500f.Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions(a)Evaluations of armed forces(1)In generalNot later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following:(A)The Electromagnetic Spectrum Superiority Strategy.(B)The Joint Staff-developed concept of operations for electromagnetic spectrum operations.(C)The operations and contingency plans of the combatant commands.(2)Certification requiredNot later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred.(3)ElementsEach evaluation under paragraph (1) shall include an assessment of the following:(A)Current programs of record, including—(i)the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and(ii)the ability of electronic warfare capabilities to disrupt adversary operations.(B)Future programs of record, including—(i)the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and(ii)the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities.(C)Order of battle.(D)Individual and unit training.(E)Tactics, techniques, and procedures, including—(i)maneuver, distribution of assets, and the use of decoys; and(ii)integration of non-kinetic and kinetic fires.(F)Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). (b)Evaluations of combatant commands(1)In generalNot later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following:(A)The Electromagnetic Spectrum Superiority Strategy.(B)The Joint Staff-developed concept of operations for electromagnetic spectrum operations.(2)ElementsEach evaluation under paragraph (1) shall include an assessment, as relevant, of the following:(A)Operation and contingency plans.(B)The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells.(C)Mission rehearsal and exercises.(D)Force positioning, posture, and readiness.(3)Briefing requiredNot later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.. 25.Electronic Warfare500.

500. Electronic Warfare Executive Committee There is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee). The Executive Committee shall— serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; 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, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. The Executive Committee shall— advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and carrying out other related duties; and act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. The Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community. The Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. The Executive Committee may hold meetings by videoconference. The Executive Committee shall be composed of the following principal members: The Under Secretary of Defense for Acquisition and Sustainment. The Vice Chairman of the Joint Chiefs of Staff. The Under Secretary of Defense for Intelligence and Security. The Under Secretary of Defense for Policy. The Commander of the United States Strategic Command. The Chief Information Officer of the Department of Defense. Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. The Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. The co-chairs of the Executive Committee shall— preside at all Executive Committee meetings or have their designees preside at such meetings; provide administrative control of the Executive Committee; jointly guide the activities and actions of the Executive Committee; approve all agendas for and summaries of meetings of the Executive Committee; charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. There is within the Executive Committee an electronic warfare capability team, which shall— serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and in that capacity— provide initial senior level coordination on key electronic warfare issues; prepare recommended courses of action to present to the Executive Committee; and perform other related duties. The electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). The principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. The Executive Committee shall establish mission area working groups on a temporary basis— to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and to perform other related duties. The Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. The Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. Not later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year.

500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations The Secretary of Defense shall— establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.

500b. Annual report on electronic warfare strategy of the Department of Defense At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. Each report required under subsection (a) shall include each of the following: A description and overview of— the electronic warfare strategy of the Department of Defense; how such strategy supports the National Defense Strategy; and the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. For each unclassified program or project on the list required by paragraph (2)— the senior acquisition executive and organization responsible for oversight of the program or project; whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; the development or procurement schedule for the program or project; an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; the technology readiness level of each critical technology that is part of the program or project; whether or not the program or project is redundant or overlaps with the efforts of another military department; and the capability gap that the program or project is being developed or procured to fulfill. A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2).

500c. Annual assessment of budget with respect to electronic warfare capabilities At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. The establishment and operation of associated joint electromagnetic spectrum operations cells.

500d. Electromagnetic spectrum superiority implementation plan The Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. A statement of the elements of the implementation plan that have been achieved. For each element that has been achieved, an assessment of whether the element is having its intended effect. For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. Such additional matters as the Chief Information Officer considers appropriate. In this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan.

500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command. The operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. The readiness of the combatant commands to conduct such operations. Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations.

500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions Not later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: The Electromagnetic Spectrum Superiority Strategy. The Joint Staff-developed concept of operations for electromagnetic spectrum operations. The operations and contingency plans of the combatant commands. Not later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. Each evaluation under paragraph (1) shall include an assessment of the following: Current programs of record, including— the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and the ability of electronic warfare capabilities to disrupt adversary operations. Future programs of record, including— the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. Order of battle. Individual and unit training. Tactics, techniques, and procedures, including— maneuver, distribution of assets, and the use of decoys; and integration of non-kinetic and kinetic fires. Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). Not later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: The Electromagnetic Spectrum Superiority Strategy. The Joint Staff-developed concept of operations for electromagnetic spectrum operations. Each evaluation under paragraph (1) shall include an assessment, as relevant, of the following: Operation and contingency plans. The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. Mission rehearsal and exercises. Force positioning, posture, and readiness. Not later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.

1542. Study on the future of the Integrated Tactical Warning Attack Assessment System The Chairman of the Joint Chiefs of Staff shall enter into an agreement with a federally funded research and development center— to conduct a study on the future of the Integrated Tactical Warning Attack Assessment System (ITW/AA); and to submit to the Chairman a report on the findings of the center with respect to the study conducted under paragraph (1). The study conducted pursuant to an agreement under subsection (a) shall cover the following: Future air and missile threats to the United States. The integration of multi-domain sensor data and their ground systems with the existing architecture of the Integrated Tactical Warning Attack Assessment System. The effect of the integration described in paragraph (2) on the data reliability standards of the Integrated Tactical Warning Attack Assessment System. Future data visualization, conferencing, and decisionmaking capabilities of such system. Such other matters as the Chairman considers relevant to the study. Not later than 270 days after the date of the enactment of this Act, the Chairman shall submit to the congressional defense committees— the report submitted to the Chairman under subsection (a)(2); and the assessment of the Chairman with respect to the findings in such report and the recommendations of the Chairman with respect to modernizing the Integrated Tactical Warning Attack Assessment System.

1543. Comprehensive review of electronic warfare test ranges and future capabilities The Under Secretary of Defense for Research and Engineering, in consultation with the Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of any deficiencies in the capacity of the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense relating to current and future global threats, research and development efforts, modeling, and electromagnetic and physical encroachment of the test ranges. The review required by subsection (a) shall consider the following: Each electronic warfare test range, its size, any distinguishing features, and its electronic warfare capabilities. The electronic warfare capabilities that are best practiced at which range and any encroachment issues between ranges. Future electronic warfare capabilities and planned acquisitions. Any modeling the Test Resource Management Center has done on incorporating future or planned electronic warfare capabilities into the current test ranges. Any other matter the Under Secretary considers necessary. Not later than March 31, 2024, the Under Secretary shall provide the congressional defense committees with a briefing on the findings of the review required by subsection (a) that includes— an assessment of any deficiency in the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense identified in the review; and a plan to address any such deficiency in a timely manner.

1544. Extension of authorization for protection of certain facilities and assets from unmanned aircraft Section 130i(i) of title 10, United States Code, is amended by striking 2023 both places it appears and inserting 2026.

1545. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum The Secretary of Defense shall take such actions as the Secretary considers necessary and practicable— to establish requirements for and assign sufficient priority to ensuring electronic protection of sensor, navigation, and communications systems and subsystems against jamming, spoofing, and unintended interference from military systems; and to provide management oversight and supervision of the military departments to ensure electronic protection of military systems that emit and receive in radio frequencies against modern threats and interference from military systems operating in the same or adjacent radio frequency of Federal spectrum. The Secretary shall require the military departments and combat support agencies to— develop and approve requirements, through the Joint Requirements Oversight Council as appropriate, within 270 days of the date of the enactment of this Act, for every radar, signals intelligence, navigation, and communications system and subsystem subject to the Global Force Management process to be able to withstand threat-realistic levels of jamming, spoofing, and unintended interference, which includes self-generated interference; test every system and subsystem described in paragraph (1) at a test range that permits threat-realistic electronic warfare attacks against the system or subsystem by a red team or opposition force at least once every 4 years, with the first set of highest priority systems to be initially tested no later than fiscal year 2025; retrofit every system and subsystem described in paragraph (1) that fails to meet electronic protection requirements during testing with electronic protection measures that can withstand threat-realistic jamming, spoofing, and unintended interference within 3 years from the date of the testing, and to retest such systems and subsystems within 4 years of the initial failed test; survey, identify, and test available technology that can be practically and affordably retro-fitted on the systems described in paragraph (1) and which provides robust protection against threat-realistic jamming, spoofing, and unintended interference; and design and build electronic protection into ongoing and future development programs to withstand expected jamming and spoofing threats and unintended interference. The Secretary may establish a process for issuing waivers on a case-by-case basis for the testing requirement established in paragraph (2) of subsection (b) and for the retrofit requirement established in paragraph (3) of such subsection. Each fiscal year, coinciding with the submission of the President’s budget request to Congress pursuant to section 1105(a) of title 31, United States Code, through fiscal year 2030, the Director of Operational Test and Evaluation shall submit to the Electronic Warfare Executive Committee, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a comprehensive annual report aggregating reporting from the military departments and combat support agencies that describes— the implementation of the requirements of this section; the systems subject to testing in the previous year and the results of such tests, including a description of the requirements for electronic protection established for the tested systems; and each waiver issued in the previous year with respect to such requirements, together with a detailed rationale for the waiver and a plan for addressing the basis for the waiver request.

1546. Funding limitation on certain unreported programs None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: Recruiting, employing, training, equipping, and operations of, and providing security for, Government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, and electric ion thrust. Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— all such material and information; and a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena materiel. The provision of notice and the making available of material and information under paragraph (1) shall be treated as an authorized disclosure under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b). Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (a) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (b). Not later than 30 days after the date on which the Director has received a notification under subparagraph (A) of subsection (b)(1) or information or material under paragraph (B) of such subsection, the Director shall provide a written notification of such receipt to the appropriate committees of Congress and congressional leadership. In this section: The term appropriate committees of Congress means— the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. The term congressional leadership means— the majority leader of the Senate; the minority leader of the Senate; the Speaker of the House of Representatives; and the minority leader of the House of Representatives. The term Director means the Director of the All-domain Anomaly Resolution Office. The term unidentified anomalous phenomena has the meaning given such term in section 1683(n)of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263).

1547. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities Section 431(a) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2025. Paragraph (1) of section 431(b) of such title is amended to read as follows: be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and (1)be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and.

1601. Measures to enhance the readiness and effectiveness of the Cyber Mission Force The Secretary of Defense shall— develop a plan to require— a term of enlistment that is— common across the military departments for critical work roles of the Cyber Mission Force; appropriate given the value of the training required for such work roles; and sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; tour lengths for personnel in the Cyber Mission Force that are— common across the military departments; and sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; the military departments to present Cyber Mission Force personnel to the Commander of United States Cyber Command who are fully trained to the standards required by the work roles established by the Commander, including the critical work roles of the Cyber Mission Force, prior to their attachment or assignment to a unit of United States Cyber Command; obligated service for members who receive the training contemplated in paragraph (C) which is commensurate with the significant financial and time investments made by the military service for the training received; and facilitation of consecutive assignments at the same unit while not inhibiting the advancement or promotion potential of any member of the Armed Forces. direct the Secretaries of the military departments to implement the plan developed under paragraph (1); and establish curriculum and capacity within one or more military departments to train sufficient numbers of personnel from all of the military departments who can effectively perform the critical Cyber Mission Force work roles to achieve the readiness requirements established by the Commander of United States Cyber Command. Not later than 180 days after the date of the enactment of this Act, the Commander of United States Cyber Command shall commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in the critical work roles of the Cyber Mission Force by contracting with one or more persons to enhance the readiness and effectiveness of the Cyber Mission Force. The Commander shall carry out the pilot program required by subsection paragraph (1) during the three-year period beginning on the date of the commencement of the pilot program and may, after such period— continue carrying out such pilot program after such period for such duration as the Commander considers appropriate; or transition such pilot program to a permanent program. Not later than 120 days after the date of the enactment of this Act, the Commander shall— develop a plan to hire, train, and retain civilians to serve in the critical work roles of the Cyber Mission Force and other positions of the Cyber Mission Force to enhance the readiness and effectiveness of the Cyber Mission Force; and provide the congressional defense committees a briefing on the plan developed under paragraph (1). The term critical work roles of the Cyber Mission Force means work roles of the Cyber Mission Force relating to on-network operations, tool development, and exploitation analysis.

1602. Cyber intelligence center The Secretary of Defense shall establish a dedicated cyber intelligence capability to support the requirements of United States Cyber Command, the other combatant commands, the military departments, defense agencies, the Joint Staff, and the Office of the Secretary of Defense for foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors. Subject to paragraph (2), the Secretary may establish an all-source analysis center under the administration of the Defense Intelligence Agency to provide foundational intelligence for the capability established under subsection (a). Information technology services for a center established under paragraph (1) may not be provided by the National Security Agency. The Secretary shall direct and provide resources to the Commander of United States Cyber Command within the Military Intelligence Program to fund collection and analysis by the National Security Agency to meet the specific requirements established by the Commander for signals intelligence support. The Secretary may transfer the activities required under paragraph (1) to the National Intelligence Program if the Director of National Intelligence concurs and the transfer is specifically authorized in an intelligence authorization Act. Not later than 180 days after the date of the enactment of this Act, the Commander shall— develop an estimate of the signals intelligence collection and analysis required of the National Security Agency and the cost of such collection and analysis; and provide 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 briefing on the estimate developed under paragraph (1).

1603. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners The section 398 of title 10, United States Code (relating to pilot program for sharing cyber capabilities and related information with foreign operational partners), as added by section 1551(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is amended— by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and by inserting after subsection (e) the following new subsection (f): The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a). The performance metrics under paragraph (1) shall include the following: Who the cyber capability was used against. The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect. Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a). Chapter 19 of such title is amended— in the table of sections for such chapter by striking the item relating to such section 398 and inserting the following: by redesignating such section 398 as section 398a. (f)Performance metrics(1)The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a).(2)The performance metrics under paragraph (1) shall include the following:(A)Who the cyber capability was used against.(B)The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect.(C)Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a).. 398a. Pilot program for sharing cyber capabilities and related information with foreign operational partners.; and

1604. Next generation cyber red teams Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall direct the appropriate Assistant Secretary of Defense in the Office of the Under Secretary of Defense for Policy, in consultation with the Principal Cyber Advisors of the military departments, to oversee the development and submission of a plan described in subsection (b) to the Director of Operational Test and Evaluation (OT&E) and the Director of the National Security Agency (NSA) for assessment under subsection (c). The plan described in this subsection is a plan— to modernize cyber red teams (CRTs) with a focus on utilizing cyber threat intelligence and threat modeling to ensure the ability to emulate advanced nation-state threats, automation, artificial intelligence or machine learning capabilities, and data collection and correlation; to establish joint service standards and metrics to ensure cyber red teams are adequately trained, staffed, and equipped to emulate advanced nation-state threats; and to expand partnerships between the Department of Defense, particularly existing cyber red teams, and academia to expand the cyber talent workforce. The Director of Operational Test and Evaluation shall, in coordination with the Director of the National Security Agency, review the plan submitted pursuant to subsection (a) and in doing so shall conduct an assessment of the plan with consideration of the following: Opportunities for cyber red team operations to expand across the competition continuum, including during the cooperation and competition phases, strongly emphasizing pre-conflict preparation of the battlespace to better match adversary positioning and cyber activities, including operational security assessments to strengthen the ability of the Department to gain and maintain a tactical advantage. The extent to which critical and emerging technologies and concepts such as artificial intelligence and machine learning enabled analysis and process automation can reduce the amount of person hours operators spend on maintenance and reporting to maximize research and training time. Identification of training requirements, and changes to training, sustainment practices, or concepts of operation or employment that may be needed to ensure the effectiveness, suitability, and sustainability of the next generation of cyber red teams. The extent to which additional resources or partnerships may be needed to remediate personnel shortfalls in cyber red teams, including funding for internship programs, hiring, and contracting. Not later than one year after the date of enactment of this Act, the Secretary of Defense shall issue such policies and guidance and prescribe such regulations as the Secretary determines necessary to carry out the plan required by subsection (a). Not later than January 31, 2025, and not less frequently than annually thereafter until January 31, 2031, the Director of Operational Test and Evaluation shall include in the annual report required by section 139(h) of title 10, United States Code, the following: The findings of the Director with respect to the assessment carried out pursuant to subsection (c). The results of test and evaluation events, including any resource and capability shortfalls limiting the ability of cyber red teams to meet operational requirements. The extent to which operations of cyber red teams have expanded across the competition continuum, including during cooperation and competition phases, to match adversary positioning and cyber activities. A summary of identified categories of common gaps and shortfalls across military department and Defense Agency cyber red teams. Any identified lessons learned that would affect training or operational employment decisions relating to cyber red teams.

1605. Management of data assets by Chief Digital Officer The Secretary of Defense shall, acting through the Chief Data and Artificial Intelligence Officer of the Department of Defense (CDAO), provide data assets and data analytics capabilities necessary for understanding the global cyber-social terrain to support the planning and execution of defensive and offensive information operations, defensive and offensive cyber operations, indications and warning of adversary military activities and operations, and calibration of actions and reactions in great power competition. The Chief Data and Artificial Intelligence Officer shall— develop a baseline of data assets maintained by all defense intelligence agencies, military departments, combatant commands, and any other components of the Department; and develop and oversee the implementation of plans to enhance data assets that are essential to support the purposes set forth in subsection (a). The Chief Data and Artificial Intelligence Officer shall— designate or establish one or more executive agents for enhancing data assets and the acquisition of data analytic tools for users; ensure that data assets in the possession of a component of the Department are accessible for the purposes described in subsection (a); and ensure that advanced analytics, including artificial intelligence technology, are developed and applied to the analysis of data assets in support of the purposes described in subsection (a). Not later than 120 days after the date of the enactment of this Act and not less frequently semiannually thereafter, the Chief Data and Artificial Intelligence Officer shall provide 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 briefing on the implementation of this section. After the date of the enactment of this Act, the Secretary may transfer funds to begin implementation of this section, subject to established limitations and approval procedures.

1606. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace In accordance with sections 124 and 394 of title 10, United States Code, the Secretary of Defense may, in coordination with other relevant Federal departments and agencies and in consultation with the Government of Mexico as appropriate, conduct detection, monitoring, and other operations in cyberspace to counter Mexican transnational criminal organizations that are engaged in any of the following activities that cross the southern border of the United States: Smuggling of illegal drugs, controlled substances, or precursors thereof. Human trafficking. Weapons trafficking. Other illegal activities. The authority provided by paragraph (1) may be used to counter Mexican transnational criminal organizations, including entities cited in the most recent National Drug Threat Assessment published by the United States Drug Enforcement Administration, that are engaged in the activities described in (1). Not later than 60 days after the date of the enactment of this Act, the Secretary shall, in consultation with the National Cyber Director and the heads of such other Federal departments and agencies as the Secretary considers appropriate, submit to the appropriate congressional committees a strategy for conducting operations in cyberspace under subsection (a). The strategy submitted pursuant to paragraph (1) shall include the following: A description of the cyberspace presence and activities, including any information operations, of the entities described under subsection (a)(2) pose to the national security of the United States. A description of any previous actions taken by the Department of Defense to conduct operations in cyberspace to counter illegal activities by transnational criminal organizations, and a description of those actions. An assessment of the financial, technological, and personnel resources that the Secretary can deploy to exercise the authority provided in subsection (a) to counter illegal trafficking by transnational criminal organizations. Recommendations, if any, for additional authorities as may be required to enhance the exercise of the authority provided in subsection (a). A description of the extent to which the Secretary has worked, or intends to work, with the Government of Mexico, interagency partners, and the private sector to enable operations in cyberspace against illegal trafficking by transnational criminal organizations. A description of the security cooperation programs in effect on the day before the date of the enactment of this Act that would enable the Secretary to cooperate with Mexican defense partners against illegal trafficking by transnational criminal organizations in cyberspace. An assessment of the potential risks associated with cooperating with Mexican counterparts against transnational criminal organizations in cyberspace and ways that those risks can be mitigated, including in cooperation with Mexican partners. A description of any cooperation agreements or initiatives in effect on the day before the date of the enactment of this Act with interagency partners and the government of Mexico to counter transnational criminal organizations in cyberspace. The Secretary shall, on a quarterly basis in conjunction with the briefings required by section 484 of title 10, United States Code, provide to the appropriate congressional committees a briefing setting forth, for the preceding calendar quarter, the following: Each country in which an operation was conducted under subsection (a). The purpose and nature of each operation set forth pursuant to paragraph (1). The start date and end date or expected duration of each operation set forth pursuant to paragraph (1). The elements of the Department of Defense down to O–6 command level who conducted or are conducting the operations set forth pursuant to paragraph (1). Nothing in this section shall be construed to supersede any standing prohibitions on collection of information on United States persons.

1607. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers The Secretary of Defense shall, in coordination with the Director of the National Security Agency, establish a pilot program to assess the feasibility and advisability of improving the semiconductor manufacturing supply chain by enabling the National Security Agency Cybersecurity Collaboration Center to collaborate with semiconductor manufacturers in the United States. The pilot program established pursuant to subsection (a) shall focus on improving the cybersecurity of the supply chain for semiconductor design and manufacturing, including the following: The cybersecurity of design and manufacturing processes, as well as assembly, packaging, and testing. Protecting against cyber-driven intellectual property theft. Reducing the risk of supply chain disruptions caused by cyberattacks. Persons who directly support the manufacture, packaging, and assembly of semiconductors within the United States and who provide semiconductor components for the Department of Defense, national security systems (as defined in section 3552(b) of title 44, United States Code), or the defense industrial base are eligible to participate in the pilot program. Not later than one year after the date of the enactment of this Act, the Secretary shall provide the appropriate committees of Congress a briefing on the pilot program required under subsection (a). The briefing required under subparagraph (A) shall include the following: The plans of the Secretary for the implementation of the pilot program. Identification of key priorities for the pilot program. Identification of any potential challenges in standing up the pilot program or impediments to semiconductor manufacturer or semiconductor component supplier participation in the pilot program. Not later than one year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program required by subsection (a), the Secretary shall provide the appropriate committees of Congress a briefing on the progress of the pilot program. Each briefing required under subparagraph (A) shall include the following: Recommendations for addressing relevant policy, budgetary, security, and legislative gaps to increase the effectiveness of the pilot program. For the first annual briefing, this shall include an assessment of the resources necessary for the pilot to be successful. Recommendations for increasing semiconductor manufacturer or semiconductor component supplier participation in the pilot program. A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by semiconductor manufacturers or semiconductor component supplier. The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. Such other matters as the Secretary considers appropriate. The pilot program required by subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act. In this section, the term appropriate congressional committees means— the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

1608. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission The Secretary of Defense shall seek to enter into an agreement with the National Academy of Public Administration (in this section referred to as the National Academy) for the National Academy to conduct the evaluation under subsection (b) and submit the report under subsection (e). The Secretary shall seek to enter into the agreement described in paragraph (1) by not later than 60 days after the date of the enactment of this Act. Under an agreement between the Secretary and the National Academy entered into pursuant to subsection (a), the National Academy shall conduct an evaluation regarding the advisability of— establishing a separate Armed Force dedicated to operations in the cyber domain (in this section referred to as the United States Cyber Force); or refining and further evolving the current organization approach, which is based on the Special Operations Command model for United States Cyber Command. The evaluation conducted pursuant to paragraph (1) shall include consideration of— the potential establishment of a United States Cyber Force as a separate Armed Force commensurate with the Army, Navy, Marine Corps, Air Force, and Space Force, for the purpose of organizing, training, and equipping the personnel required to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and the other unified combatant commands; a United States Cyber Force able to devise and implement recruiting and retention policies and standards specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands; the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in satisfying the requirements of the combatant commands to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in devising and implementing recruitment and retention policies specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhanced model described in paragraph (1)(B) with respect to network management, resourcing, and operations; potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhancement of the model described in paragraph (1)(B) for United States Cyber Command with respect to organizing, training, and equipping members of the Cyberspace Operations Forces, not serving in positions aligned under the Cyber Mission Force, to the extent necessary to support network management and operations; views and perspectives of members of the Armed Forces, in each grade, serving in the Cyber Mission Force with experience in operational work roles (as defined by the Commander of the United States Cyber Command), and military and civilian leaders across the Department regarding the establishment of a Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; the extent to which each of the other Armed Forces is formed towards, and organized around, operations within a given warfighting domain, and the potential applicability of such formation and organizing constructs to a United States Cyber Force with respect to the cyber domain; findings from previous relevant assessments, analyses, and studies conducted by the Secretary, the Comptroller General of the United States, or other entities determined relevant by the National Academy on the establishment of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; the organizing constructs for effective and operationally mature cyber forces of foreign countries and the relevance of such constructs to the potential creation of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; lessons learned from the creation of the United States Space Force that should be applied to the creation of a United States Cyber Force; recommendations for approaches to the creation of a United States Cyber Force and the further evolution of the model described in paragraph (1)(B) for United States Cyber Command that would minimize disruptions to Department of Defense cyber operations; the histories of the Armed Forces, including an analysis of the conditions that preceded the establishment of each new Armed Force established since 1900; and a comparison between the potential service secretariat leadership structures for a United States Cyber Force and the further evolution of the model described in paragraph (1) for United States Cyber Command, including establishing the United States Cyber Force within an existing military department, standing up a new military department, and evolving the service secretary-like function of the Principal Cyber Advisor in the Office of the Under Secretary of Defense for Policy. The evaluation conducted pursuant to paragraph (1) shall include an evaluation of how a potential United States Cyber Force dedicated to the cyber domain would compare in performance and efficacy to the current model and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command, with respect to the following functions and potential objective end states, as well as an evaluation of the importance of the functions and potential end states: Organizing, training, and equipping the size of a force necessary to satisfy existing and projected requirements of the Department of Defense. Harmonizing training requirements and programs in support of cyberspace operations. Recruiting and retaining qualified officers and enlisted members of the Armed Forces at the levels necessary to execute cyberspace operations. Using reserve component forces in support of cyberspace operations. Sustaining persistent force readiness. Generating foundational intelligence in support of cyberspace operations. Acquiring and providing cyber capabilities in support of cyberspace operations. Establishing pay parity among members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. Establishing pay parity among civilians serving in and qualified for work roles in support of cyberspace operations. Establishing advancement parity for members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. Establishing advancement parity for civilians serving in and qualified for work roles in support of cyberspace operations. Developing professional military education content and curricula focused on the cyber domain. Upon a request from the National Academy, the Secretary shall seek to enter into an agreement with a federally funded research and development center described in paragraph (2) under which such federally funded research and development center shall support the National Academy in conducting the evaluation under subsection (b). A federally funded research and development center described in this paragraph is a federally funded research and development center the staff of which includes subject matter experts with appropriate security clearances and expertise in— cyber warfare; personnel management; military training processes; and acquisition management. Under an agreement entered into between the Secretary and the National Academies under subsection (a)— the Secretary shall agree to provide to the National Academy access to such personnel, information, and resources of the Department of Defense as may be determined necessary by the National Academy in furtherance of the conduct of the evaluation under subsection (b); and if the Secretary does not provide such access, or any other major obstacle to such access occurs, the National Academy shall agree to notify the congressional defense committees not later than seven days after the date of such refusal or other occurrence. Under an agreement entered into between the Secretary and the National Academy under subsection (a), the National Academy shall submit to the congressional defense committees a report containing the findings of the National Academy with respect to the evaluation under subsection (b) not later than 210 days after the date of the execution of the agreement. No personnel of the Department of Defense, nor any other officer or employee of the United States Government, may interfere, exert undue influence, or in any way seek to alter the findings of the National Academy specified in paragraph (1) prior to the submission thereof under such paragraph. The report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.

1611. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities The Secretary of Defense shall— develop and implement a strategy for deploying private networks, based on fifth generation information and communications capabilities (5G) and Open Radio Access Network (ORAN) architecture, to military bases and facilities that are tailored to the specific mission, security, and performance requirements of those bases and facilities; create a common, transparent, and streamlined process for enabling public network service providers of fifth generation information and communications capabilities to gain access to military bases and facilities to provide commercial subscriber services to government and contractor personnel and organizations located on those bases and facilities; and decide, on a case-by-case basis or as a common requirement, whether to contract for— neutral hosting, whereby infrastructure and services will be provided to companies deploying private networks and public network services through Multi-Operator Core Network architectures; or separate private network and public network infrastructure. The Secretary may engage in cooperation activities with foreign allies and partners of the United States, using an authority provided by another provision of law, to inform the efficient and effective deployment of Open Radio Access Network architecture and to implement the strategy required under subsection (a)(1). The Secretary shall develop the strategy required in subsection (a)(1) not later than 120 days after the date of the enactment of this Act. Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the strategy developed under paragraph (1) of subsection (a) and the activities of the Secretary under such subsection. The term Open Radio Access Network means a network architecture that is modular, uses open interfaces, and virtualizes functionality on commodity hardware through software.

1612. Department of Defense information network boundary and cross-domain defense The Secretary of Defense shall carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding upon the fiscal year 2023 pilot program and initial deployment to the primary Department of Defense internet access points (IAPs) managed by the Defense Information Systems Agency (DISA). The modernization program required by subsection (a) shall be implemented in phases, with the objective of completing the program by October 1, 2028. The phases required by paragraph (1) shall include the following objectives: By the end of fiscal year 2026, completion of— a pilot of modernized boundary defense capabilities and initial and full deployment of the capabilities to internet access points managed by the Defense Information Systems Agency; and the extension of modernized boundary defense capabilities to all additional internet access points of the Department of Defense information network (DODIN). By the end of fiscal year 2027, survey, pilot, and deploy modernized boundary defense capabilities to the access points and cross-domain capabilities of the Secret Internet Protocol Network. By the end of fiscal year 2028, survey, pilot, and deploy modernized boundary defense capabilities to remaining classified networks and enclaves of the Department information network. Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— the findings of the Secretary with respect to the pilot and initial deployment under subsection (b)(2)(A)(i); and the plans of the Secretary for the phased deployment to other internet access points and classified networks pursuant to subsection (b).

1613. Policy and guidance on memory-safe software programming Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Department of Defense-wide policy and guidance in the form of a directive memorandum to implement the recommendations of the National Security Agency contained in the Software Memory Safety Cybersecurity Information Sheet published by the Agency in November, 2022, regarding memory-safe software programming languages and testing to identify memory-related vulnerabilities in software developed, acquired by, and used by the Department of Defense. The policy required in subsection (a) shall— establish the conditions and associated approval processes under which a component of the Department may— contract for the development of custom software that includes open source and reused software written in programming languages that are not classified as memory-safe by the Agency; acquire commercial software items that use programming languages that are not classified as memory-safe by the Agency; contract for software-as-a-service where the contractor uses programming languages that are not classified as memory-safe by the Agency; and develop software in Federal Government-owned software factories programming languages that are not classified as memory-safe by the Agency; and establish requirements and processes for employing static and dynamic application security testing that can identify memory-use issues and vulnerabilities and resolve them for software contracted for, developed, or acquired as described in paragraph (1). Not later than 300 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the policy and guidance developed under subsection (a).

1614. Development of regional cybersecurity strategies Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Commander of United States Cyber Command and each commander of a geographic combatant command, develop, for each geographic combatant command, a regional cybersecurity strategy to support the operations of such command. Each regional cybersecurity strategy developed under subsection (a) for a geographic combatant command shall include the following: A description or an outline of methods to identify both nation-state and non-state cyber threat actors. Processes to enhance the targeting, intelligence, and cyber capabilities of the combatant command. Plans to increase the number of cyber planners embedded in the combatant command. Processes to integrate cyber forces into other warfare domains. A plan to assist, train, advise, and participate in cyber capacity building with international partners. A prioritization of cyber risks and vulnerabilities within the geographic region. Processes to coordinate cyber activities with interagency partners with activities in the geographic region. Specific plans to assist in the defense of foreign infrastructure that is critical to the national security interests of the United States. Means by which the Cybersecurity and Infrastructure Security Agency will be integrated into each strategy.

1615. Cyber incident reporting Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, and the Commander of the Joint Force Headquarters Department of Defense Information Network— assign responsibility to the Commander of the Joint Force Headquarters Department of Defense Information Network to oversee cyber incident reporting and notification of cyber incidents to Department leadership; align policy and system requirements to enable the Department to have enterprise-wide visibility of cyber incident reporting to support rapid and appropriate response; and distribute new guidance to Department personnel on cyber incident reporting, which shall include detailed procedures for identifying, reporting, and notifying Department leadership of critical cyber incidents. Not later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that the Chief Information Officer determines what actions need to be taken to encourage more complete and timely mandatory cyber incident reporting from persons in the defense industrial base. The Secretary shall ensure that components of the Department document instances in which Department personnel affected by a privacy data breach are notified of the breach within 72 hours of the discovery of the breach. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete an assessment of the feasibility and suitability of establishing, and resourcing required to establish, an office of cyber statistics to track cyber incidents and measure the response time of defense agencies and the military departments to address cyber threats, risks, and vulnerabilities. The assessment required under paragraph (1) shall include an evaluation of the feasibility, suitability, and resourcing required for defense agencies and the military departments— to collect data on the amount of time it takes to detect a cyber incident; to respond to a cyber incident; to fully mitigate the risk of high-impact cyber vulnerabilities; to recover data following a malicious cyber intrusion; and to collect such other metrics as the Secretary determines would help improve cyber incident reporting practices.

1616. Management by Department of Defense of mobile applications The Secretary of Defense shall evaluate and implement to the maximum practicable extent the recommendations of the Inspector General of the Department of Defense with respect to managing mobile applications contained in the report set forth by the Inspector General dated February 9, 2023, and entitled Management Advisory: The DoD's Use of Mobile Applications (Report No. DODIG–2023–041). The Secretary shall implement the recommendations specified in subsection (a) by not later than one year after the date of the enactment of this Act, unless the Secretary notifies the congressional defense committees in writing of specific recommendations that the Secretary chooses not to implement or to implement after the date that is one year after the date of the enactment of this Act. Not later than 120 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on actions taken by the Secretary to enforce compliance with existing policy of the Department of Defense that prohibits— the installation and use of covered applications on Federal Government devices; and the use of covered applications on the Department of Defense Information Network on personal devices. In this subsection, the term covered applications means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

1617. Security enhancements for the nuclear command, control, and communications network Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a cross-functional team, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks that support the nuclear command, control, and communications (commonly referred to as NC3) mission. The Secretary shall ensure that each of the military departments, the Defense Information Systems Agency, the National Security Agency, United States Cyber Command, and the Nuclear Command, Control, and Communications Enterprise Center of United States Strategic Command provide staff for the cross-functional team. The cross-functional team shall work to enhance the cyber defense of the nuclear command, control, and communications network during the period beginning on the date of the enactment of this Act and ending on October 31, 2028, or a subsequent date as the Secretary may determine. Not later than one year after the date of the enactment of this Act, the head of the cross-functional team established pursuant to subsection (a)(1) shall develop a cyber defense construct and associated plans of actions and milestones to enhance the security of the systems and networks that support the nuclear command, control, and communications mission that are based on— the application of the principles of the Zero Trust Architecture approach to security; analysis of appropriately comprehensive endpoint and network telemetry data; and control capabilities enabling rapid investigation and remediation of indicators of compromise and threats to mission execution. During the 60-day period beginning on the date that is 30 days before the date on which the President submits to Congress the budget of the President for fiscal year 2025 pursuant to section 1105(a) of title 31, United States Code, and for each of fiscal years 2026 through 2028, the Secretary shall provide the congressional defense committees a briefing on the implementation of this section.

1618. Guidance regarding securing laboratories of the Armed Forces Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Chief Digital and Artificial Intelligence Officer of the Department, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security, issue guidance throughout the Department regarding methods and processes to secure laboratories of the Armed Forces from— unauthorized access and intrusion; damage to, and destruction, manipulation, or theft of, physical and digital laboratory assets; accidental or intentional release or disclosure of sensitive information; and cyber sabotage. At a minimum, the methods and processes required under subsection (a) shall include guidance to— secure laboratory operations through zero trust principles; control access of devices to laboratory information networks; secure inventory management processes; control or limit access to laboratories of the Armed Forces to authorized individuals; maintain the security and integrity of data libraries, repositories, and other digital assets; report and remediate cyber incidents or other unauthorized intrusions; train and educate personnel of the Department on laboratory security; develop an operations security (OPSEC) plan to secure laboratory operations that can be used to implement the appropriate countermeasures given the mission, assessed risk, and resources available to the unit and provides guidelines for implementation of routine procedures and measures to be employed during daily operations or activities of the unit; and develop and train applicable units on individualized secure laboratory critical information and indicator lists to aid in protecting critical information about Department activities, intentions, capabilities, or limitations that an adversary seeks to gain a military, political, diplomatic, economic, or technological advantage.

1619. Establishing Identity, Credential, and Access Management initiative as a program of record Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish the Identity, Credential, and Access Management (ICAM) initiative as a program of record subject to milestone reviews, compliance with requirements, and operational testing. The program of record established pursuant to subsection (a) shall encompass, at a minimum, the following: Correcting the authentication and credentialing security weaknesses, including in the Public Key Infrastructure program, identified by the Director of Operational Test and Evaluation in a report submitted to Congress in April, 2023, entitled FY14-21 Observations of the Compromise of Cyber Credentials. Implementing improved authentication technologies, such as biometric and behavioral authentication techniques and other non-password-based solutions. Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the parameters of the program of record established pursuant to subsection (a).

1620. Strategy on cybersecurity resiliency of Department of Defense space enterprise Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, the Secretary of the Air Force, and the Commander of United States Space Command, develop and commence implementation of a Department-wide strategy regarding cyber protection activities for the Department of Defense space enterprise. The strategy developed and implemented pursuant to subsection (a) shall, at a minimum, address the following elements: The coordination and synchronization of cyber protection activities across combatant commands, the military departments, and defense agencies. The adoption and implementation of zero trust architecture on legacy and new space-based systems. How the Department will prioritize the mitigation of known cyber risks and vulnerabilities to legacy and new space-based systems. How the Department will accelerate the development of capabilities to protect space-based systems from cyber threats. Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the strategy developed and implemented pursuant to subsection (a).

1621. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users The Secretary of Defense shall require each head of a component of the Department of Defense to fully implement directives, policies, and program requirements for user activity monitoring and least privilege access controls for Federal Government and contractor personnel granted access to classified information and classified networks. The Secretary shall require each head of a Department component to fully implement the detection, collection, and auditing of the following: Sent and received emails, including sent attachments and emails sent outside of Federal Government domains. Screen captures and print jobs, with focused attention on unusual volumes and times. Accesses to World Wide Web Uniform Resource Locators and uploads and downloads involving nongovernment domains. All instances in which a user creates, copies, moves to, or renames a file on removable media. Secure file transfers, including on nonstandard ports. Keystrokes. Unauthorized research on user activity monitoring agents and techniques to disable user activity monitoring agents. Attempts to clear event logs on devices. Unauthorized applications being installed or run on an endpoint. Installation and use of mounted drives, including serial numbers of such drives. Initiation and control of an interactive session on a remote computer or virtual machine. Instances where monitored users are denied access to a network location or resource. Users uploading to or downloading from cloud services. Administrative actions by privileged users, including remote and after-hour administrative actions, as well as document viewing, copy and paste activity, and file copying to new locations. The Secretary shall require each head of a Department component to implement the following: Automated controls to prohibit privileged user accounts from performing general user activities not requiring privileged access. Two-person control whereby privileged users attempt to initiate data transfers from a classified domain and removable media-based data transfer activities on classified networks. The Secretary shall require each head of a Department component to implement standard triggers, alerts, and controls developed by the Under Secretary of Defense for Intelligence and Security based on insider threat behavior models approved by the Under Secretary. A head of a Department component that seeks to adopt a practice pursuant to paragraph (1) that deviates from standard triggers, alerts, and controls described in such paragraph by being less stringent shall submit to the Under Secretary a request for approval for such deviation along with a written justification for such deviation. The Secretary shall require each head of a Department component, not less frequently than once every two years— to conduct insider threat testing using threat-realistic tactics, techniques, and procedures; and to submit to the Under Secretary and the Director of Operational Test and Evaluation a report on the findings of the head with respect to the testing conducted pursuant to paragraph (1). The Secretary shall review and update the standard set of triggers, alerts, and controls described in subsection (d)(1) at least once every three years to account for new technology, new insider threat behaviors, and the results of testing conducted pursuant to subsection (e)(1). Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives a report on the implementation of the requirements of this section. In this section, the term trigger means a set of logic statements applied to a data stream that produces an alert when an anomalous incident or behavior occurs.

1622. Department of Defense digital content provenance Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Media Activity (DMA) shall provide a to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on developing a course of education at the Defense Information School (DINFOS) to teach the practical concepts and skills needed by Department of Defense public affairs, audiovisual, visual information, and records management specialists. The briefing provided pursuant to paragraph (1) shall cover the following: The expertise and qualifications of the Department personnel who will be responsible for teaching the proposed course of education. The list of sources that will be consulted and used to develop the proposed curriculum for the course of education. A description of the industry open technical standards under subsection (b)(1)(C). The status of the implementation of the course of education. Not later than one year after the date of the enactment of this Act, the Director of the Defense Media Activity shall establish a course of education at the Defense Information School to teach the practical concepts and skills needed by public affairs, audiovisual, visual information, and records management specialists to understand the following: Digital content provenance for applicable Department media content. The challenges posed to Department missions and operations by a digital content forgery. How existing industry open technical standards may be used to authenticate the digital content provenance of applicable Department media content. The course of education established pursuant to paragraph (1) shall cover the following: The challenges to Department missions and operations posed by a digital content forgery. The development of industry open technical standards for verifying the digital content provenance of applicable Department media content. Hands-on training techniques for capturing secure and authenticated digital content for documenting and communicating Department themes and messages. Training for completing post-production tasks by using industry open technical standards for digital content provenance and transmitting applicable Department media content in both operational and nonoperational environments. Such other matters as the Director considers appropriate. Not later than one year after the date of the establishment of the course required in paragraph (1), the Director shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the following: The status of the development of a curriculum to carry out the course of education required by paragraph (1). The implementation plan of the Director for such course of education, including the following: The expertise and qualifications of the Department personnel responsible for teaching the course of education. The list of sources consulted and used to develop the curriculum for the course of education. A description of the industry open technical standards under subsection (b)(1)(C). The status of the implementation of the course of education. The resources available to the Director to carry out this subsection and whether the Director requires any additional resources to carry out this subsection. Not later than one year after the date of the enactment of this Act, the Director shall commence a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for official Department photographic and video visual documentation that is publicly released by the Defense Visual Information Distribution Service (DVIDS) and other distribution platforms, systems, and services used by the Department. In carrying out the pilot program required by paragraph (1), the Director shall— establish a process for using industry open technical standards for verifying the digital content provenance of applicable Department media content; apply technology solutions on photographs and videos of the Department publicly released after the date of the enactment of this section, that comport with industry open technical standard for digital content provenance; assess the feasibility and advisability of applying an industry open technical standard for digital content provenance on historical visual information records of the Department stored at the Defense Visual Information Records Center; and develop and apply measure of effectiveness for the execution of the pilot program. In carrying out the pilot program required by paragraph (1), the Director may consult with federally funded research and development centers, private industry, academia, and such others as the Director considers appropriate. The pilot program carried out pursuant to paragraph (1) shall terminate on January 1, 2027. Not later than January 1, 2026, the Director 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 pilot program. The report submitted pursuant to subparagraph (A) shall include the following: The findings of the Director with respect to the pilot program. The names of all entities the Director consulted with in carrying out the pilot program as authorized under paragraph (3). Assessment of the effectiveness of the pilot. A recommendation as to whether the pilot program should be made permanent. In this section: The term applicable Department media content means the media holdings generated, stored, or controlled by the Defense Media Activity. The term digital content forgery means the use of emerging technologies, including artificial intelligence and machine learning techniques to fabricate or manipulate audio, visual, or text content with the intent to mislead. The term digital content provenance means the verifiable chronology of the origin and history of a piece of digital content, such as an image, video, audio recording, or electronic document.

1623. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community Section 1535 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200 note) is amended— in subsection (a)— in paragraph (1), by inserting , the heads of the elements of the intelligence community, after the Secretary of Homeland Security; and in paragraph (3), by striking Department of Defense Cyber and Digital Service Academy and inserting Cyber Service Academy; and in subsection (d), by inserting or an element of the intelligence community after missions of the Department; in subsection (e)— by striking Secretary each place it appears and inserting head concerned; and by inserting , or within an element of the intelligence community, as the case may be after United States Code; in subsections (h), (j), and (k), by striking Secretary each place it appears and inserting head concerned; and by adding at the end of the following new subsections: The Secretary of Defense shall enter into an agreement with the head of an element of the intelligence community to allow a scholarship recipient to satisfy the recipient's post-award employment obligations under this section by working for an element of the intelligence community that is not part of the Department of Defense if the head of that element agrees to reimburse the Department of Defense for the scholarship program costs associated with that scholarship recipient. A scholarship recipient may not serve the recipient's post-award employment obligation under this section at an element of the intelligence community that is not part of the Department of Defense before an agreement under paragraph (1) is reached. Not more than 10 percent of scholarship recipients in each class may be placed in positions outside the Department of Defense unless the Secretary certifies that the Department of Defense cannot facilitate a placement within the Department of Defense. In this section: The term head concerned means— The Secretary of Defense, with respect to matters concerning the Department of Defense; or the head of an element of the intelligence community, with respect to matters concerning that element. 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). (p)Interagency considerations(1)In generalThe Secretary of Defense shall enter into an agreement with the head of an element of the intelligence community to allow a scholarship recipient to satisfy the recipient's post-award employment obligations under this section by working for an element of the intelligence community that is not part of the Department of Defense if the head of that element agrees to reimburse the Department of Defense for the scholarship program costs associated with that scholarship recipient.(2)Limitations(A)A scholarship recipient may not serve the recipient's post-award employment obligation under this section at an element of the intelligence community that is not part of the Department of Defense before an agreement under paragraph (1) is reached.(B)Not more than 10 percent of scholarship recipients in each class may be placed in positions outside the Department of Defense unless the Secretary certifies that the Department of Defense cannot facilitate a placement within the Department of Defense.(q)DefinitionsIn this section:(1)The term head concerned means—(A)The Secretary of Defense, with respect to matters concerning the Department of Defense; or(B)the head of an element of the intelligence community, with respect to matters concerning that element.(2)The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)..

1624. Minimum number of scholarships to be awarded annually through Cyber Service Academy Section 1535(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200 note) is amended by adding at the end the following new paragraph: The Secretary of Defense shall award not fewer than 1,000 scholarships through the Program in fiscal year 2026 and in each fiscal year thereafter. The Secretary of Defense may award fewer than the number of scholarships required under subparagraph (A) in a fiscal year if the Secretary determines and notifies the congressional defense committees that fewer scholarships are necessary to address workforce needs. (5)Minimum number of scholarship awards(A)In generalThe Secretary of Defense shall award not fewer than 1,000 scholarships through the Program in fiscal year 2026 and in each fiscal year thereafter.(B)WaiverThe Secretary of Defense may award fewer than the number of scholarships required under subparagraph (A) in a fiscal year if the Secretary determines and notifies the congressional defense committees that fewer scholarships are necessary to address workforce needs..

1701. Short title This title may be cited as the Space Force Personnel Management Act.

1702. Space Force Personnel Management Act transition plan None of the authorities provide by this title shall take effect until the later of— the Secretary of the Air Force— certifies to the congressional defense committees that any State National Guard affected by the transfer of units, personnel billets, equipment, and resources into the Space Force will be made whole by the transfer of additional assets under the control of the Secretary of the Air Force into the affected State National Guard; and submits to the congressional defense committees a report that includes a transition plan to move all units, personnel billets, equipment, and resources performing core Space Force functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the reserve components of the Department of the Air Force into the Space Force; and one year after the Secretary of Defense provides the briefing on the study required under section 1703(c). The transition plan required under paragraph (1)(B) shall include the following elements: An identification of any units, personnel billets, equipment, and resources currently residing in the Air Force Reserve and Air National Guard that will be transferred into the Space Force, including, for items currently in the Air National Guard, a breakdown of assets by State. A timeline for the implementation of the authorities provided by this title. An explanation of any units personnel billets, equipment, and resources transferred between the Regular Air Force, Air Force Reserve, Air National Guard, and Space Force, including, for any assets transferred into or out of the Air National Guard, a breakdown of transfers by State. In enacting the authorities provided by this title, the Secretary of the Air Force shall not require any currently serving member of the Air National Guard to enlist or commission into the Space Force. The Secretary of the Air Force shall provide employment opportunities within the Air National Guard to any currently serving member of the Air National Guard who, as a direct result of the enactment of this title, declines to affiliate with the Space Force. The Secretary of the Air Force shall guarantee in writing that any member of the Air National Guard who joins the Space Force as a result of the enactment of this title will not lose rank or pay upon transferring to the Space Force. The Secretary of the Air Force shall ensure that no State National Guard loses Federal resources, including net personnel billets and Federal funding, as a result of the enactment of the authorities provided by this title.

1703. Comprehensive assessment of Space Force equities in the National Guard Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a Federally funded research and development center under which such center will conduct an independent study to assess the feasibility and advisability of moving all units, personnel billets, equipment, and resources performing core space functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the National Guard and into a single-component Space Force and provide to the Secretary a report on the findings of the study. The conduct of such study shall include the following elements: An analysis and recommendations associated with at least the three following possible courses of action: Maintaining the current model in which the Air National Guard has units and personnel performing core space functions. Transitioning such units and personnel to the Space Force. The creation of a new National Guard component of the Space Force. A cost-benefit analysis for each of the analyzed courses of action. With respect to the course of action described in paragraph (1)(B), an analysis of the ideal personnel, units, and resources that could be transitioned to the respective Air National Guards of States that may lose space-related personnel, units, and resources as a result of the consolidation of space-related personnel, units, and resources into the Space Force component. An agreement entered into pursuant to subsection (a) shall specify that the study conducted under the agreement shall be completed by not later than February 1, 2025. Upon completion of a study conducted under an agreement entered into pursuant to subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and report on the findings of the study, including a description of any proposed personnel, unit, or resource realignments related to the creation of the Space Force single component or recommended by such study. The report required under paragraph (1) shall be submitted in unclassified form but may include classified appendices as required.

1711. Establishment of military personnel management system for the Space Force Title 10, United States Code, is amended by adding at the end the following new subtitle: Members of the Space Force shall be managed through a single military personnel management system, without component. FAlternative military personnel systemsISpace ForceChap.2001. Space Force Personnel System200012003. Status and Participation201012005. Officers20201 2007. Enlisted Members203012009. Retention and Separation Generally204012011. Separation of Officers for Substandard Performance of Duty or for Certain Other Reasons205012013. Retirement206012001Space Force personnel systemSec. 20001. Single military personnel management system. 20002. Members: duty status. 20003. Members: minimum service requirement as applied to Space Force. 20001.Single military personnel management systemMembers of the Space Force shall be managed through a single military personnel management system, without component..

20001. Single military personnel management system Members of the Space Force shall be managed through a single military personnel management system, without component.

1712. Composition of the Space Force without component Section 9081(b) of title 10, United States Code, is amended— by striking paragraph (1); by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and in paragraph (1), as so redesignated, by striking , including and all that follows through emergency. The amendments made by subsection (a) shall take effect on the date of the certification by the Secretary of the Air Force under section 1745.

1713. Definitions for single personnel management system for the Space Force Section 101 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 (e): The following definitions relating to members of the Space Force apply in this title: The term Space Force active status means the status of a member of the Space Force who is not in a Space Force inactive status and is not retired. The term Space Force inactive status means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a Space Force inactive status. The term Space Force retired status means the status of a member of the Space Force who— is receiving retired pay; or but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title. The term sustained duty means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force— in the case of an officer— to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or with the consent of the officer; and in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement. Subsection (d) of such section is amended— in paragraph (1), by inserting , including sustained duty in the Space Force after United States; and in paragraph (7), by inserting , or a member of the Space Force, after Reserves both places it appears. (e)Space ForceThe following definitions relating to members of the Space Force apply in this title:(1)The term Space Force active status means the status of a member of the Space Force who is not in a Space Force inactive status and is not retired.(2)The term Space Force inactive status means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a Space Force inactive status.(3)The term Space Force retired status means the status of a member of the Space Force who—(A)is receiving retired pay; or(B)but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.(4)The term sustained duty means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force—(A)in the case of an officer—(i)to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii)with the consent of the officer; and(B)in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement..

1714. Basic policies relating to service in the Space Force Chapter 2001 of title 10, United States Code, as added by section 1711, is amended by adding at the end the following new sections: Under regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses: Space Force active status. Space Force inactive status. Space Force retired status. In applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable. A member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers. 20002.Members: duty statusUnder regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses:(1)Space Force active status.(2)Space Force inactive status.(3)Space Force retired status.20003.Members: minimum service requirement as applied to Space Force(a)Inapplicability of active/reserve service distinctionIn applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable.(b)Treatment upon transfer out of space forceA member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers..

20002. Members: duty status Under regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses: Space Force active status. Space Force inactive status. Space Force retired status.

20003. Members: minimum service requirement as applied to Space Force In applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable. A member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers.

1715. Status and participation Subtitle F of title 10, United States Code, as added by section 1711, is amended by adding at the end the following new chapter: Except as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to— participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or serve on active duty for not more than 30 days during each year. Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian. Among members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title. A member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— the member volunteers to be placed in that mobilization category; and the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. A member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. The Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. A member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense. The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— requiring the member to serve on active duty for a definite period of time; specifying the conditions of the member’s service on active duty; and for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— what conditions of service may be specified in the agreement; the obligations of the parties; and the consequences of failure to comply with the terms of the agreement. If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law. A member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: Section 12301(d), relating to orders to active duty at any time with the consent of the member. Section 12301(h), relating to orders to active duty in connection with medical or health care matters. Section 12322, relating to active duty for health care. Section 12323, relating to active duty pending line of duty determination required for response to sexual assault. The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: Section 12308, relating to retention after becoming qualified for retired pay. Section 12309, relating to use of Reserve officers in expansion of armed forces. Section 12313, relating to release of reserve members from active duty. Section 12314, relating to kinds of duty. Section 12315, relating to duty with or without pay. Section 12316, relating to payment of certain Reserves while on duty. Section 12318, relating to duties and funding of reserve members on active duty. Section 12320, relating to grade in which ordered to active duty. Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units. An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement. An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— with the consent of the officer; or to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title. A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. A member of the Space Force in a Space Force inactive status may be ordered to active duty under— the provisions of chapter 1209 of this title; any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and the terms of any agreement entered into by the member under section 20103 of this title. The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty. Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty. The following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. Section 12308, relating to retention after becoming qualified for retired pay. Section 12313, relating to release from active duty. Section 12314, relating to kinds of duty. Section 12315, relating to duty with or without pay. Section 12316, relating to payment of certain Reserves while on duty. Section 12317, relating to theological students; limitations. Section 12320, relating to grade in which ordered to active duty. A member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title. For the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries: Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component. Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component. Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component. Whenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed. 2003Status and participationSec. 20101. Members in Space Force active status: amount of annual training or active duty service required. 20102. Individual ready guardians: designation; mobilization category. 20103. Members not on sustained duty: agreements concerning conditions of service. 20104. Orders to active duty: with consent of member. 20105. Sustained duty. 20106. Orders to active duty: without consent of member. 20107. Transfer to inactive status: initial service obligation not complete. 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors. 20109. Policy for order to active duty based upon determination by Congress. 20101.Members in Space Force active status: amount of annual training or active duty service requiredExcept as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to—(1)participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or(2)serve on active duty for not more than 30 days during each year.20102.Individual ready guardians: designation; mobilization category(a)In generalUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian.(b)Mobilization category(1)In generalAmong members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title.(2)Limitations on placement in mobilization categoryA member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless—(A)the member volunteers to be placed in that mobilization category; and(B)the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member.(3)Limitation on time in mobilization categoryA member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service.(4)Designation of grades and military skills or specialtiesThe Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category.(5)BenefitsA member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense.20103.Members not on sustained duty: agreements concerning conditions of service(a)AgreementsThe Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty—(1)requiring the member to serve on active duty for a definite period of time;(2)specifying the conditions of the member’s service on active duty; and(3)for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member.(b)Conditions of serviceAn agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing—(1)what conditions of service may be specified in the agreement;(2)the obligations of the parties; and(3)the consequences of failure to comply with the terms of the agreement.(c)Authority for retention on active duty during war or national emergencyIf the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.20104.Orders to active duty: with consent of member(a)AuthorityA member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member:(1)Section 12301(d), relating to orders to active duty at any time with the consent of the member.(2)Section 12301(h), relating to orders to active duty in connection with medical or health care matters.(3)Section 12322, relating to active duty for health care.(4)Section 12323, relating to active duty pending line of duty determination required for response to sexual assault.(b)Applicable provisions of lawThe following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member:(1)Section 12308, relating to retention after becoming qualified for retired pay.(2)Section 12309, relating to use of Reserve officers in expansion of armed forces.(3)Section 12313, relating to release of reserve members from active duty.(4)Section 12314, relating to kinds of duty.(5)Section 12315, relating to duty with or without pay.(6)Section 12316, relating to payment of certain Reserves while on duty.(7)Section 12318, relating to duties and funding of reserve members on active duty.(8)Section 12320, relating to grade in which ordered to active duty.(9)Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.20105.Sustained duty(a)Enlisted membersAn authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement.(b)Officers(1)An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty—(A)with the consent of the officer; or(B)to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law.(2)An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.20106.Orders to active duty: without consent of member(a)Members in a Space Force active status(1)A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.(2)The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1).(3)The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title.(b)Members in a Space Force inactive status(1)A member of the Space Force in a Space Force inactive status may be ordered to active duty under—(A)the provisions of chapter 1209 of this title;(B)any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and(C)the terms of any agreement entered into by the member under section 20103 of this title.(2)The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty.(c)Members in a Space Force retired status(1)Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status.(2)The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty.(3)The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty.(d)Other applicable provisionsThe following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty:(1)Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation.(2)Section 12308, relating to retention after becoming qualified for retired pay.(3)Section 12313, relating to release from active duty.(4)Section 12314, relating to kinds of duty.(5)Section 12315, relating to duty with or without pay.(6)Section 12316, relating to payment of certain Reserves while on duty.(7)Section 12317, relating to theological students; limitations.(8)Section 12320, relating to grade in which ordered to active duty.20107.Transfer to inactive status: initial service obligation not complete(a)General ruleA member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title.(b)ExceptionSubsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title.20108.Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivorsFor the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries:(1)Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component.(2)Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component.(3)Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component.(4)Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component.20109.Policy for order to active duty based upon determination by CongressWhenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed..

20101. Members in Space Force active status: amount of annual training or active duty service required Except as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to— participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or serve on active duty for not more than 30 days during each year.

20102. Individual ready guardians: designation; mobilization category Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian. Among members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title. A member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— the member volunteers to be placed in that mobilization category; and the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. A member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. The Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. A member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense.

20103. Members not on sustained duty: agreements concerning conditions of service The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— requiring the member to serve on active duty for a definite period of time; specifying the conditions of the member’s service on active duty; and for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— what conditions of service may be specified in the agreement; the obligations of the parties; and the consequences of failure to comply with the terms of the agreement. If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.

20104. Orders to active duty: with consent of member A member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: Section 12301(d), relating to orders to active duty at any time with the consent of the member. Section 12301(h), relating to orders to active duty in connection with medical or health care matters. Section 12322, relating to active duty for health care. Section 12323, relating to active duty pending line of duty determination required for response to sexual assault. The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: Section 12308, relating to retention after becoming qualified for retired pay. Section 12309, relating to use of Reserve officers in expansion of armed forces. Section 12313, relating to release of reserve members from active duty. Section 12314, relating to kinds of duty. Section 12315, relating to duty with or without pay. Section 12316, relating to payment of certain Reserves while on duty. Section 12318, relating to duties and funding of reserve members on active duty. Section 12320, relating to grade in which ordered to active duty. Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.

20105. Sustained duty An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement. An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— with the consent of the officer; or to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.

20106. Orders to active duty: without consent of member A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. A member of the Space Force in a Space Force inactive status may be ordered to active duty under— the provisions of chapter 1209 of this title; any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and the terms of any agreement entered into by the member under section 20103 of this title. The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty. Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty. The following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. Section 12308, relating to retention after becoming qualified for retired pay. Section 12313, relating to release from active duty. Section 12314, relating to kinds of duty. Section 12315, relating to duty with or without pay. Section 12316, relating to payment of certain Reserves while on duty. Section 12317, relating to theological students; limitations. Section 12320, relating to grade in which ordered to active duty.

20107. Transfer to inactive status: initial service obligation not complete A member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title.

20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors For the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries: Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component. Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component. Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component.

20109. Policy for order to active duty based upon determination by Congress Whenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed.

1716. Officers Subtitle F of title 10, United States Code, as amended by section 1715, is further amended by adding at the end the following new chapter: The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force. An original appointment as a commissioned officer in the Space Force may be given only to a person who— is a citizen of the United States; is at least 18 years of age; and has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force. The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers. Section 101 of title 10, United States Code, is amended in subsection (b)(10) by inserting before the period at the end the following: and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion. Section 531 of such title is amended by striking Regular before Space Force each place it appears. Section 532(a) of such title is amended by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps. Section 533 of such title is amended by striking Regular before Space Force each place it appears. Chapter 205 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapters: Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense. — Members of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. A retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. Except as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. Paragraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. Paragraph (1) applies with respect to an officer who— is serving on, or has served on, the Joint Staff; or is a joint qualified officer. The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force. At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. An officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. An officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively. The provisions of section 615 of this title shall apply to information furnished to selection boards. The provisions of section 616 of this title shall apply to recommendations for promotion by selection boards. The provisions of section 617 of this title shall apply to reports of selection boards. The provisions of section 618 of this title shall apply to action on reports of selection boards. An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. The Secretary of the Air Force— may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. An officer in the grade of captain who is not a citizen of the United States. An officer excluded under subsection (e). The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. The Secretary of the Air Force may only approve a request under paragraph (1) if— the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and the officer has not previously opted out of a promotion board under this authority. The provisions of section 619a of this title shall apply to officers of the Space Force. Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. The number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. The Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade. The Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. Officers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. An officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment. Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. The Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general. Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion. Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— the number of officers needed in that competitive category in the next higher grade in each of the next five years; the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. When the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— are fully qualified for promotion to the next higher grade; and would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. The provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list. Subchapter III of chapter 36 of this title shall apply to officers of the Space Force. Except as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: Subchapter I (relating to selection boards). Subchapter II (relating to promotions). Subchapter III (relating to failure of selection for promotion and retirement for years of service). Subchapter IV (relating to continuation on active duty and selective early retirement). Subchapter V (additional provisions relating to promotion, separation, and retirement). Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories). Section 605 of title 10, United States Code, is amended as follows: Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are amended by striking or Marine Corps, each place it appears and inserting Marine Corps, or Space Force,. Subsection (g) is amended— by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and by striking paragraph (2) and inserting the following new paragraphs (2) and (3): In the case of the Air Force— as captain, 95; as major, 305; as lieutenant colonel, 165; and as colonel, 75. In the case of the Space Force— as captain, 5; as major, 20; as lieutenant colonel, 10; and as colonel, 5. 2005OfficersSubchapterSec.I. Original appointments20201II. Selection boards20211III. Promotions20231IV. Persons not considered for promotion and other promotion-related provisions20241V. Applicability of other laws20251IOriginal appointmentsSec. 20201. Original appointments: how made.20202. Original appointments: qualifications. 20203. Original appointments: service credit. 20201.Original appointments: how madeThe provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force.20202.Original appointments: qualifications(a)In generalAn original appointment as a commissioned officer in the Space Force may be given only to a person who—(1)is a citizen of the United States;(2)is at least 18 years of age; and(3)has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation.(b)ExceptionA person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.20203.Original appointments: service creditThe provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.. IISelection boardsSec.20211. Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general. 20211.Convening of selection boards(a)In generalWhenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.(b)Exception for officers in grade of first lieutenantSubsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion.(c)Section 20404 selection boardsThe Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title.(d)RegulationsThe convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.20212.Composition of selection boards —(a)Appointment and composition of boards(1)In generalMembers of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable.(2)Representation from competitive categories(A)Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.(B)A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board.(3)Retired officersIf qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board—(A)Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and(B)if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.(4)Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitationsA retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.(b)Limitation on membership on consecutive boards(1)General ruleExcept as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade.(2)Exception for general officer boardsParagraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general.(c)Joint qualified officers(1)Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.(2)Paragraph (1) applies with respect to an officer who—(A)is serving on, or has served on, the Joint Staff; or(B)is a joint qualified officer.(3)The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.20213.Notice of convening of selection boards(a)Notice to eligible officersAt least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall—(1)notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or(2)issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification.(b)Communication from officersAn officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection.(c)Notice of intent of certain officers To serve on or off active dutyAn officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively.20214.Information furnished to selection boardsThe provisions of section 615 of this title shall apply to information furnished to selection boards.20215.Recommendations for promotion by selection boardsThe provisions of section 616 of this title shall apply to recommendations for promotion by selection boards.20216.Reports of selection boardsThe provisions of section 617 of this title shall apply to reports of selection boards.20217.Action on reports of selection boards for promotion to brigadier general or major generalThe provisions of section 618 of this title shall apply to action on reports of selection boards.IIIPromotionsSec. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20233. Opportunities for consideration for promotion. 20234. Space Force officer list. 20235. Competitive categories. 20236. Numbers to be recommended for promotion. 20237. Establishment of promotion zones. 20238. Promotions: how made; authorized delay of promotions. 20231.Eligibility for consideration for promotion: time-in-grade and other requirements(a)Time-in-grade requirements(1)An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment:(A)Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant.(B)Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant.(2)Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment:(A)Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel.(B)One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general.(3)When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies.(4)When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies.(5)The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.(6)In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment.(b)Continued eligibility for consideration for promotion of officers who have previously failed of selection(1)Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted.(2)Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time.(c)Officers To Be considered by promotion boards(1)Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion.(2)The Secretary of the Air Force—(A)may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion;(B)may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and(C)may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened.(3)(A)The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who—(i)have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and(ii)are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion.(B)If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions:(i)A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board.(ii)A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer.(iii)A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board.(iv)A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations.(v)A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes.(d)Certain officers not To Be consideredA selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers:(1)An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section.(2)An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President.(3)An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title.(4)An officer in the grade of captain who is not a citizen of the United States.(5)An officer excluded under subsection (e).(e)Authority To allow officers To opt out of selection board consideration(1)The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade.(2)The Secretary of the Air Force may only approve a request under paragraph (1) if—(A)(i)the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education;(ii)the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and(iii)the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or(B)(i)the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade;(ii)the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and(iii)the officer has not previously opted out of a promotion board under this authority.20232.Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptionsThe provisions of section 619a of this title shall apply to officers of the Space Force.20233.Opportunities for consideration for promotion(a)Specification of number of opportunities for consideration for promotionUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain.(b)Limitation on number of opportunities that may be specifiedThe number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five.(c)Limited authority of secretary of the air force To modify number of opportunitiesThe Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years.(d)Authority of secretary of defense To modify number of opportunitiesThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade.20234.Space Force officer list(a)Single listThe Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list.(b)Order of officers on listOfficers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade.(c)Effect of service in a temporary appointmentAn officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment.20235.Competitive categories(a)Requirement To establish competitive categories for promotionUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.(b)Single competitive category for promotion to general officer gradesThe Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general.20236.Numbers to be recommended for promotion(a)Promotion to grades below brigadier general(1)Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine—(A)the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion;(B)the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and(C)the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration.(2)Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion.(b)Promotion to brigadier general and major general(1)Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine—(A)the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and(B)the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes.(2)Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion.20237.Establishment of promotion zones(a)In generalBefore convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.(b)Determination of numberThe Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of—(1)the number of officers needed in that competitive category in the next higher grade in each of the next five years;(2)the number of officers to be serving in that competitive category in the next higher grade in each of the next five years;(3)in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and(4)the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. 20238.Promotions: how made; authorized delay of promotions(a)Procedure for promotion of officers on an approved promotion list(1)Placement of names on promotion listWhen the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.(2)Order and timing of promotionsExcept as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force.(3)Limitation on promotions to general officer grades to comply with strength limitationsUnder regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation.(4)Promotion of first lieutenants on an all-fully-qualified officers list(A)Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force.(B)An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter.(C)The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.(D)For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines—(i)are fully qualified for promotion to the next higher grade; and(ii)would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board.(E)If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.(b)Date of rankThe date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title.(c)Appointment authorityAppointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone.(d)Authority To delay appointments for specified reasonsThe provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.IVPersons not considered for promotion and other promotion-related provisionsSec.20241. Persons not considered for promotion and other promotion-related provisions.20241.Persons not considered for promotion and other promotion-related provisionsSubchapter III of chapter 36 of this title shall apply to officers of the Space Force.VApplicability of other lawsSec.20251. Applicability of certain DOPMA officer personnel policy provisions. 20251.Applicability of certain DOPMA officer personnel policy provisionsExcept as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions:(1)Subchapter I (relating to selection boards).(2)Subchapter II (relating to promotions).(3)Subchapter III (relating to failure of selection for promotion and retirement for years of service).(4)Subchapter IV (relating to continuation on active duty and selective early retirement).(5)Subchapter V (additional provisions relating to promotion, separation, and retirement).(6)Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories).. (2)In the case of the Air Force—(A)as captain, 95;(B)as major, 305;(C)as lieutenant colonel, 165; and(D)as colonel, 75.(3)In the case of the Space Force—(A)as captain, 5;(B)as major, 20;(C)as lieutenant colonel, 10; and(D)as colonel, 5..

20201. Original appointments: how made The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force.

20202. Original appointments: qualifications An original appointment as a commissioned officer in the Space Force may be given only to a person who— is a citizen of the United States; is at least 18 years of age; and has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.

20203. Original appointments: service credit The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.

20211. Convening of selection boards Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.

20212. Composition of selection boards — Members of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. A retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. Except as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. Paragraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. Paragraph (1) applies with respect to an officer who— is serving on, or has served on, the Joint Staff; or is a joint qualified officer. The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.

20213. Notice of convening of selection boards At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. An officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. An officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively.

20214. Information furnished to selection boards The provisions of section 615 of this title shall apply to information furnished to selection boards.

20215. Recommendations for promotion by selection boards The provisions of section 616 of this title shall apply to recommendations for promotion by selection boards.

20216. Reports of selection boards The provisions of section 617 of this title shall apply to reports of selection boards.

20217. Action on reports of selection boards for promotion to brigadier general or major general The provisions of section 618 of this title shall apply to action on reports of selection boards.

20231. Eligibility for consideration for promotion: time-in-grade and other requirements An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. The Secretary of the Air Force— may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. An officer in the grade of captain who is not a citizen of the United States. An officer excluded under subsection (e). The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. The Secretary of the Air Force may only approve a request under paragraph (1) if— the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and the officer has not previously opted out of a promotion board under this authority.

20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions The provisions of section 619a of this title shall apply to officers of the Space Force.

20233. Opportunities for consideration for promotion Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. The number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. The Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade.

20234. Space Force officer list The Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. Officers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. An officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment.

20235. Competitive categories Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. The Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general.

20236. Numbers to be recommended for promotion Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion.

20237. Establishment of promotion zones Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— the number of officers needed in that competitive category in the next higher grade in each of the next five years; the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.

20238. Promotions: how made; authorized delay of promotions When the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— are fully qualified for promotion to the next higher grade; and would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. The provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.

20241. Persons not considered for promotion and other promotion-related provisions Subchapter III of chapter 36 of this title shall apply to officers of the Space Force.

20251. Applicability of certain DOPMA officer personnel policy provisions Except as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: Subchapter I (relating to selection boards). Subchapter II (relating to promotions). Subchapter III (relating to failure of selection for promotion and retirement for years of service). Subchapter IV (relating to continuation on active duty and selective early retirement). Subchapter V (additional provisions relating to promotion, separation, and retirement). Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories).

1717. Enlisted members Subtitle F of title 10, United States Code, as amended by section 1716, is further amended by adding at the end the following new chapter: The Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. A person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. A person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force. The Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. The Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title. For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title. Chapter 31 of such title is amended as follows: Section 503(a) is amended by striking and Regular Coast Guard and inserting Regular Coast Guard, and the Space Force. Section 505 is amended— by striking Regular Space Force, each place it appears; and by adding at the end the following new subsection: For enlistments in the Space Force, see sections 20301 and 20302 of this title. Section 506 is amended by striking Regular before Space Force. Section 508 is amended striking Regular before Space Force both places it appears. Section 510(c) is amended— in paragraph (2), by inserting or the Space Force after Selected Reserve; and in paragraph (3)— by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; by inserting after subparagraph (C) the following new subparagraph (D): in the Space Force; in subparagraph (F), as so redesignated, by striking subparagraphs (A) through (D) and inserting subparagraphs (A) through (E). Section 511(b)(1)(A) is amended by inserting or as a member of the Space Force, after reserve component,. Section 513(a) is amended— by inserting, , or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force, after armed force; and by inserting , or be enlisted as a member of the Space Force, after Coast Guard Reserve. Section 516(b) is amended by inserting or in the Space Force, after armed force. 2007Enlisted membersSec. 20301. Original enlistments: qualifications; grade. 20302. Enlisted members: term of enlistment. 20303. Reference to chapter 31. 20301.Original enlistments: qualifications; grade(a)Original enlistments(1)Authority to acceptThe Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons.(2)AgeA person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control.(b)GradeA person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.20302.Enlisted members: term of enlistment(a)Term of original enlistmentsThe Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force.(b)Term of reenlistmentsThe Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.20303.Reference to chapter 31For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.. (e)For enlistments in the Space Force, see sections 20301 and 20302 of this title.. (D)in the Space Force;; and

20301. Original enlistments: qualifications; grade The Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. A person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. A person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.

20302. Enlisted members: term of enlistment The Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. The Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.

20303. Reference to chapter 31 For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.

1718. Retention and separation generally Subtitle F of title 10, United States Code, as amended by section 1717, is further amended by adding at the end the following new chapter: Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. The provisions of section 1174 of this title— pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and pertaining to other members shall apply to members of the Space Force not serving on sustained duty. The provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. The provisions of section 1176 of this title— pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty. Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— standards and qualifications for the retention of enlisted members of the Space Force; and equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— if qualified, be transferred to Space Force inactive status; if qualified, be retired in accordance with section 20603 of this title; or have the member’s enlistment terminated. To be retained in an active status, a Space Force officer must— in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title. The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and whose names are not on a list of officers recommended for promotion. Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— who have served at least one year of active status in the grade currently held; whose names are not on a list of officers recommended for promotion; and who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)) and are not within two years of becoming so eligible. An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law. The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— discharge an officer described in subsection (b); or involuntarily release such an officer from sustained duty. The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— has completed not more than six years of service as a commissioned officer in the armed forces; or has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. In this subsection, the term minimum service obligation, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service. The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section. Section 647 of title 10, United States Code, is amended— in subsection (b)(1), by inserting (other than an officer of the Space Force) after in the case of an officer; in subsection (c), by striking Regular Marine Corps, of Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new subsection: For a similar provision with respect to officers of the Space Force, see section 20405 of this title. 2009Retention and separation generallySec. 20401. Applicability of certain provisions of law related to separation. 20402. Enlisted members: standards and qualifications for retention. 20403. Officers: standards and qualifications for retention. 20404. Selection of officers for early retirement or discharge. 20405. Force shaping authority. 20401.Applicability of certain provisions of law related to separation(a)Officer separationExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force.(b)Enlisted member separationExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force.(c)Separation pay upon involuntary discharge or release from active dutyThe provisions of section 1174 of this title—(1)pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty;(2)pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and(3)pertaining to other members shall apply to members of the Space Force not serving on sustained duty.(d)Voluntary separation incentiveThe provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty.(e)Voluntary separation pay and benefitsThe provisions of section 1176 of this title—(1)pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and(2)pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty.20402.Enlisted members: standards and qualifications for retention(a)Standards and qualifications for retentionSubject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe—(1)standards and qualifications for the retention of enlisted members of the Space Force; and(2)equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications.(b)Effect of failure To comply with standards and qualificationsIf an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall—(1)if qualified, be transferred to Space Force inactive status;(2)if qualified, be retired in accordance with section 20603 of this title; or(3)have the member’s enlistment terminated.20403.Officers: standards and qualifications for retention(a)Standards and qualificationsTo be retained in an active status, a Space Force officer must—(1)in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and(2)conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force.(b)Result of failure To complyA Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.20404.Selection of officers for early retirement or discharge(a)Consideration for early retirementThe Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows:(1)Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion.(2)Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion.(3)Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel—(A)who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and(B)whose names are not on a list of officers recommended for promotion.(b)Consideration for discharge(1)Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list—(A)who have served at least one year of active status in the grade currently held;(B)whose names are not on a list of officers recommended for promotion; and(C)who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)) and are not within two years of becoming so eligible.(2)An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary.(3)Selection of officers for discharge under paragraph (1) shall be based on the needs of the service.(c)Discharges and retirements considered To Be involuntaryThe discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.20405.Force shaping authority(a)AuthorityThe Secretary of the Air Force may, solely for the purpose of restructuring the Space Force—(1)discharge an officer described in subsection (b); or(2)involuntarily release such an officer from sustained duty.(b)Covered officers(1)The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who—(A)has completed not more than six years of service as a commissioned officer in the armed forces; or(B)has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer.(2)In this subsection, the term minimum service obligation, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.(c)RegulationsThe Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.. (e)Space ForceFor a similar provision with respect to officers of the Space Force, see section 20405 of this title..

20401. Applicability of certain provisions of law related to separation Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. The provisions of section 1174 of this title— pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and pertaining to other members shall apply to members of the Space Force not serving on sustained duty. The provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. The provisions of section 1176 of this title— pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty.

20402. Enlisted members: standards and qualifications for retention Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— standards and qualifications for the retention of enlisted members of the Space Force; and equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— if qualified, be transferred to Space Force inactive status; if qualified, be retired in accordance with section 20603 of this title; or have the member’s enlistment terminated.

20403. Officers: standards and qualifications for retention To be retained in an active status, a Space Force officer must— in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.

20404. Selection of officers for early retirement or discharge The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and whose names are not on a list of officers recommended for promotion. Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— who have served at least one year of active status in the grade currently held; whose names are not on a list of officers recommended for promotion; and who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)) and are not within two years of becoming so eligible. An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.

20405. Force shaping authority The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— discharge an officer described in subsection (b); or involuntarily release such an officer from sustained duty. The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— has completed not more than six years of service as a commissioned officer in the armed forces; or has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. In this subsection, the term minimum service obligation, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service. The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.

1719. Separation of officers for substandard performance of duty or for certain other reasons Subtitle F of title 10, United States Code, as amended by section 1718, is further amended by adding at the end the following new chapter: The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. The reasons referred to in paragraph (1) are the following: The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force. The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. The reasons referred to in paragraph (1) are the following: Misconduct. Moral or professional dereliction. The officer’s retention is not clearly consistent with the interests of national security. Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe. The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. A retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status. If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: That the officer be transferred to an inactive status. That the officer, if qualified under any provision of law, be retired. That the officer be discharged from the Space Force. Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force. The Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 of this title. Under regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status— shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security. When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. At any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— for voluntary retirement, if the officer is qualified for retirement; or for discharge in accordance with subsection (b)(2). An officer removed from a Space Force active status under section 20503 of this title shall— if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and if ineligible for voluntary retirement under any provision of law on the date of such removal— be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title. An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title. The provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title. -In applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. -A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. 2011Separation of officers for substandard performance of duty or for certain other reasonsSec. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons. 20502. Retention boards. 20503. Removal of officer: action by secretary upon recommendation of retention board. 20504. Rights and procedures. 20505. Officer considered for removal: voluntary retirement or discharge. 20506. Officers eligible to serve on retention boards. 20501.Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons(a)Procedures for review of record of officers relating to standards of performance of duty(1)The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status.(2)The reasons referred to in paragraph (1) are the following:(A)The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense.(B)The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force.(b)Procedures for review of record of officers relating to certain other reasons(1)The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status.(2)The reasons referred to in paragraph (1) are the following:(A)Misconduct.(B)Moral or professional dereliction.(C)The officer’s retention is not clearly consistent with the interests of national security.(c)Secretary of defense limitationsRegulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe.20502.Retention boards(a)Convening of boards To consider officers required To show causeThe Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title.(b)Fair and impartial hearingA retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status.(c)Effect of board determination that an officer has failed To establish that the officer should be retained(1)If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following:(A)That the officer be transferred to an inactive status.(B)That the officer, if qualified under any provision of law, be retired.(C)That the officer be discharged from the Space Force.(2)Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time.(d)Effect of board determination that an officer has established that the officer should be retained(1)If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed.(2)An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination.(3)(A)Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time.(B)An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion.(4)In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force.20503.Removal of officer: action by Secretary upon recommendation of retention boardThe Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 of this title.20504.Rights and procedures(a)In generalUnder regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status—(1)shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status;(2)shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status;(3)shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and(4)shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security.(b)Summary of records withheld in interest of national securityWhen a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.20505.Officer considered for removal: voluntary retirement or discharge(a)In generalAt any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer—(1)for voluntary retirement, if the officer is qualified for retirement; or(2)for discharge in accordance with subsection (b)(2).(b)Retirement or dischargeAn officer removed from a Space Force active status under section 20503 of this title shall—(1)if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and(2)if ineligible for voluntary retirement under any provision of law on the date of such removal—(A)be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or(B)be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title.(c)Separation pay for discharged officerAn officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.20506.Officers eligible to serve on retention boards(a)In generalThe provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title.(b)Retired air force officers(1)Authority-In applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board.(2)Limitation-A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force..

20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. The reasons referred to in paragraph (1) are the following: The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force. The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. The reasons referred to in paragraph (1) are the following: Misconduct. Moral or professional dereliction. The officer’s retention is not clearly consistent with the interests of national security. Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe.

20502. Retention boards The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. A retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status. If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: That the officer be transferred to an inactive status. That the officer, if qualified under any provision of law, be retired. That the officer be discharged from the Space Force. Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force.

20503. Removal of officer: action by Secretary upon recommendation of retention board The Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 of this title.

20504. Rights and procedures Under regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status— shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security. When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.

20505. Officer considered for removal: voluntary retirement or discharge At any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— for voluntary retirement, if the officer is qualified for retirement; or for discharge in accordance with subsection (b)(2). An officer removed from a Space Force active status under section 20503 of this title shall— if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and if ineligible for voluntary retirement under any provision of law on the date of such removal— be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title. An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.

20506. Officers eligible to serve on retention boards The provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title. -In applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. -A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.

1720. Retirement Subtitle F of title 10, United States Code, as amended by section 1719, is further amended by adding at the end the following new chapter: The Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer. A commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President. Except as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request. For the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces. Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section. Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired. An enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request. For the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. Time required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a). Except as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. Provisions pertaining to service in a regular component shall apply to service on sustained duty. Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. The provisions of this title referred to in subsection (a) are the following: Chapter 61, relating to retirement or separation for physical disability. Chapter 63, relating to retirement for age. Chapter 69, relating to retired grade. Chapter 71, relating to computation of retired pay. Chapter 941, relating to retirement from the Air Force for length of service. Chapter 945, relating to computation of retired pay. Chapter 1223, relating to retired pay for non-regular service. Chapter 1225, relating to retired grade. Title 10, United States Code, is amended as follows: Section 688(b) is amended— in paragraph (1), by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new paragraph: A retired member of the Space Force. Section 9341 is amended— in subsection (a), by striking or the Space Force both places it appears; in subsection (b), by striking or a Regular or Reserve of the Space Force; and by adding at the end the following new subsection: The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer. Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement. Section 9344(b)(2) is amended by striking Regular before Space Force. Section 9346 is amended— in subsection (a), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)); in subsection (b)— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; by inserting (1) after (b); in subparagraph (A), as redesignated by clause (i), by striking , or for commissioned officers of the Space Force other than of the Regular Space Force; in subparagraph (B), as so redesignated, by striking or the Space Force; and by adding at the end the following new paragraph: The Secretary shall maintain a retired list containing the name of— each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. in subsection (c), by striking or the Space Force and inserting and a separate retired list containing the name of each retired warrant officer of the Space Force; and in subsection (d), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired enlisted member of the Space Force. 2013Voluntary retirement for length of serviceSec. 20601. Officers: voluntary retirement for length of service. 20602. Officers: computation of years of service for voluntary retirement. 20603. Enlisted members: voluntary retirement for length of service. 20604. Enlisted members: computation of years of service for voluntary retirement. 20605. Applicability of other provisions of law relating to retirement. 20601.Officers: voluntary retirement for length of service(a)Twenty years or moreThe Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer.(b)Thirty years or moreA commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President.(c)Forty years or moreExcept as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request.20602.Officers: computation of years of service for voluntary retirement(a)Years of active serviceFor the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces.(b)Reference to section excluding service during certain periodsSection 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.20603.Enlisted members: voluntary retirement for length of service(a)Twenty to thirty yearsUnder regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired.(b)Thirty years or moreAn enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request.20604.Enlisted members: computation of years of service for voluntary retirement(a)Years of active serviceFor the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces.(b)Reference to section excluding counting of certain service required To Be made upTime required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).20605.Applicability of other provisions of law relating to retirement(a)Applicability to members of the Space ForceExcept as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows:(1)Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force.(2)Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force.(3)Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force.(4)Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force.(5)Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty.(6)Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty.(7)Provisions pertaining to service in a regular component shall apply to service on sustained duty.(8)Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty.(9)Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty.(10)Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title.(b)Provisions of lawThe provisions of this title referred to in subsection (a) are the following:(1)Chapter 61, relating to retirement or separation for physical disability.(2)Chapter 63, relating to retirement for age.(3)Chapter 69, relating to retired grade.(4)Chapter 71, relating to computation of retired pay.(5)Chapter 941, relating to retirement from the Air Force for length of service.(6)Chapter 945, relating to computation of retired pay.(7)Chapter 1223, relating to retired pay for non-regular service.(8)Chapter 1225, relating to retired grade.. (4)A retired member of the Space Force.. (c)Space Force(1)The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.(2)Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement.. (2)The Secretary shall maintain a retired list containing the name of—(A)each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and(B)each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade.;

20601. Officers: voluntary retirement for length of service The Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer. A commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President. Except as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request.

20602. Officers: computation of years of service for voluntary retirement For the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces. Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.

20603. Enlisted members: voluntary retirement for length of service Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired. An enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request.

20604. Enlisted members: computation of years of service for voluntary retirement For the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. Time required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).

20605. Applicability of other provisions of law relating to retirement Except as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. Provisions pertaining to service in a regular component shall apply to service on sustained duty. Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. The provisions of this title referred to in subsection (a) are the following: Chapter 61, relating to retirement or separation for physical disability. Chapter 63, relating to retirement for age. Chapter 69, relating to retired grade. Chapter 71, relating to computation of retired pay. Chapter 941, relating to retirement from the Air Force for length of service. Chapter 945, relating to computation of retired pay. Chapter 1223, relating to retired pay for non-regular service. Chapter 1225, relating to retired grade.

1731. Amendments to Department of the Air Force provisions of title 10, United States Code Part II of subtitle D of title 10, United States Code, is amended as follows: Section 9132 is amended by striking Regular before Space Force. The heading of such section is amended by striking Regular Space Force and inserting Space Force. Section 9138(a) is amended by striking Regular before Space Force both places it appears. The heading of section 9138 is amended by striking Regular Space Force and inserting Space Force. Section 9160 is amended by striking Regular before Space Force”. Section 9252 is amended by striking Regular before Space Force. The heading of chapter 915 is amended to read as follows: The tables of chapters at the beginning of subtitle D, and at the beginning of part II of subtitle D of such title, are each amended by striking the item relating to chapter 915 and inserting the following new item: Section 9401 of such title is amended— in subsection (b)— by striking or the Regular Space Force after Regular Air Force; and by inserting or one of the Space Force in a Space Force active status not on sustained duty, after on the active-duty list,; in subsection (c)— by striking or Reserve of the Space Force and inserting or member of the Space Force in a Space Force active status not on sustained duty; and by striking the Reserve’s consent and inserting the member’s consent; and in subsection (f)— by striking the Regular Space Force and inserting of Space Force members on sustained duty; and by striking the Space Force Reserve and inserting of Space Force members in an active status not on sustained duty. Chapter 953 of such title is amended as follows: Section 9436 is amended— in subsection (a)— by striking the equivalent grade in both places it appears; by inserting or the Space Force after Regular Air Force the first place it appears; by striking and a permanent and all that follows through in the Regular Air Force; and in subsection (b)— by striking the equivalent grade in both places it appears and inserting the grade of lieutenant colonel in; and by striking Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force and inserting Space Force has the grade of colonel in the Space Force. Section 9442(b) is amended— in paragraph (1)(C), by inserting , or the Space Force, after members of reserve components; and in paragraph (2), by striking Regular before Space Force. Section 9448(a) is amended— in paragraph (2)(A), by striking Regular before Space Force; and in paragraph (3)— in the matter preceding subparagraph (A), by inserting , or to terminate the officer’s order to sustained duty in the Space Force after resign as a regular officer; in subparagraph (A), by striking or as a Reserve in the Space Force for service in the Space Force Reserve and inserting or will accept further assignment in a Space Force active status ; and in subparagraph (B), by inserting , or the Space Force, after that reserve component. Section 9452(c) is amended by striking Marine Corps, or Space Force, and inserting, or Marine Corps, or in the Space Force,. Section 9453(b) is amended— by striking or in the equivalent grade in the Regular Space Force; and by inserting before the period the following: or a second lieutenant in the Space Force under section 531 or 20201 of this title. Chapter 957 of such title is amended as follows: Section 9481 is amended— by striking to qualify them for appointment and inserting “to qualify them for— appointment by striking or the Space Force Reserve. and inserting ; or; and by adding at the end the following new paragraph: appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a Space Force active status. Section 9482(4) is amended by striking or the Regular Space Force and inserting or members of the Space Force in an active status. 915Appointments in the regular air force and in the Space Force. 915. Appointments in the Regular Air Force and in the Space Force 9151.. (1)appointment; (2)appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a Space Force active status..

1732. Amendments to subtitle A of title 10, United States Code Part I of subtitle A of title 10, Untied States Code, is amended as follows: Section 115a(d)(3)(F) is amended by inserting before the period the following: or, in the case of the Space Force, officers ordered to active duty other than under section 20105(b) of this title. Section 123a(a)(2) is amended by inserting or the Space Force after a reserve component. Section 164(e)(4) is amended— by inserting (A) after (4); by striking shall be a and all that follows through the period at the end and inserting “shall be— a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or a qualified officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general. by adding at the end the following new subparagraph: The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is— a reserve component officer; or an officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty. Section 482(a) is amended by inserting and the Space Force after active and reserve components both places it appears. Chapter 36 of such title is amended as follows: Section 613a is amended by striking 573, 611, or 628 both places it appears and inserting 573, 611, 628, or 20211. Section 615(a) is amended— in paragraph (1), by inserting or 20211 after section 611(a); and in paragraph (3)— in subparagraph (B)(i), by striking regular officer and all that follows through the period at the end and inserting regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant.; and in subparagraph (D)— by striking major general, and inserting major general or; and by striking or, in the case of the Space Force, the equivalent grade,. Section 619(a) is amended by striking Marine Corps, or Space Force each place it appears and inserting or Marine Corps. Section 625(b) is amended— by striking Marine Corps, or Space Force and inserting or Marine Corps; and by adding at the end the following new sentence: An officer of the Space Force whose promotion is vacated under this section holds the grade of colonel.. Section 626 is amended by striking section 624 both places it appears and inserting section 624 or 20241. Section 628a is amended— in subsection (a)(1)(A)— by striking major general, and inserting major general or; and by striking , or an equivalent grade in the Space Force; in subsection (e)(2), by adding at the end the following new sentence: However, in the case of an officer on the Space Force officer list, the provisions of section 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to report and proceedings of a promotion board convened under section 20211 of this title.; and in subsection (f)(1), by adding at the end the following new sentence: However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of section 20241 of this title.. Section 629 is amended— in subsection (b), by inserting or 20241(c) after section 624(c); and in subsection (c)— by inserting or 20241(a) after section 624(a) both places it appears; and by inserting or 20241(c) after section 624(c) both places it appears. Section 633(a) is amended— by inserting (1) before Except as; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new paragraph: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service. Section 634(a) is amended— by inserting (1) before Except as; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new paragraph: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service. Section 635 is amended— by inserting (a) Army, navy, air force, and marine corps before Except as; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new subsection: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a). Section 636(a) is amended— by inserting (1) before Except as; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps; and by adding at the end the following new paragraph: Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1). The heading of section 633 is amended by striking lieutenant colonels and and inserting and Space Force lieutenant colonels; regular Navy. The heading of section 634 is amended by striking colonels and and inserting and Space Force colonels; regular. The heading of section 635 is amended by striking brigadier generals and and inserting and Space Force brigadier generals; regular Navy. The heading of section 636 is amended by striking officers in grades above brigadier general and and inserting and Space Force officers in grades above brigadier general; regular Navy officers in grades above. Section 661(a) of such title is amended— by striking Marine Corps, and Space Force and inserting and Marine Corps; and by inserting , and officers of the Space Force on the Space Force officer list, after active-duty list. Chapter 40 of such title is amended as follows: Section 701 is amended— in subsection (h)— by inserting at the end of paragraph (2) the following new subparagraph: A member of the Space Force in a Space Force active status on sustained duty or subject to a call or order to active duty for a period in excess of 12 months. in paragraphs (5)(B) and (6), by inserting , or of the Space Force, after member of a reserve component; and in subsection (i), by inserting , or of the Space Force, after member of a reserve component. Section 707a(a)(1) is amended by inserting or 20503 after section 1182(c)(2). Section 710 is amended— in subsection (a), by inserting or of the Space Force after regular components; in subsection (b)(2), by inserting , or a Space Force officer in a Space Force active status not on active duty under section 20105(b) of this title, after officer; in subsection (c)(1), by inserting before the period at the end the following: or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a Space Force active status; and in subsection (g)(1)(A), by striking chapter 36 or 1405 and inserting chapter 36, 1405, or 2005. Section 777(d)(2) of such title is amended by inserting , or for the Space Force, the Space Force officer list, after active-duty list. Chapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: Section 802 (article 2) is amended— in subsection (a)— in paragraph (1), by inserting and members of the Space Force on active duty under section 20105 of this title, after regular component of the armed forces,; in paragraph (3)(A)(i), by inserting or the Space Force after reserve component; in paragraph (5), by inserting , or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, after a reserve component; and by adding at the end the following new paragraph: Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay. in subsection (d)— in paragraph (1), by inserting or the Space Force after reserve component; in paragraph (2), by inserting or the Space Force after a reserve component; and in paragraph (4), by inserting or the Space Force after in a regular component of the armed forces. Subsection (d) of section 803 (article 3) is amended by inserting, or the Space Force after reserve component. Section 937 (article 137) is amended— in subsection (a)(1)— by striking or at the end of subparagraph (A); by striking the period at the end of subparagraph (B) and inserting ; or; and by adding at the end the following new subparagraph: the member’s initial entrance on active duty or into a Space Force active status. in subsection (a)(2)— by striking and at the end of subparagraph (A); by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following new subparagraph: after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and in subsection (b)(1)(B), by inserting or the Space Force after in a reserve component; and in subsection (d)(1), by striking or to a member of a reserve component, and inserting , to a member of a reserve component, or to a member of the Space Force,. Section 973(b)(1) of such title 10 is amended— by striking and at the end of subparagraph (B); by striking the period at the end of subparagraph (C) and inserting ; and; and by adding at the end the following new subparagraph: to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days. Section 1063 of such title is amended— in subsection (c)— in the heading, by inserting and space force after reserve; and by inserting or the Space Force after reserve component; by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; by inserting after subsection (c) the following new subsection (d): A member of the Space Force in a Space Force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve. in subsection (e), as redesignated by paragraph (2), by striking subsection (a) or (b) in paragraph (1) and inserting subsection (a), (b), or (d). Section 1141 of such title is amended— by striking and at the end of paragraph (3); by striking the period at the end of paragraph (4) and inserting a semicolon; and by adding at the end the following new paragraphs: in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and in the case of an enlisted member of the Space Force, the member is— denied reenlistment; or involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force. Section 1174(a)(2) of such title is amended by striking , Marine Corps, or Space Force both places it appears and inserting or Marine Corps. Chapter 79 of such title is amended as follows: Section 1558 is amended— inserting , or the Space Force, after reserve component each place it appears; and in subsection (b)— in paragraph (1)(C), by striking section 628 or 14502 and inserting section 628, 14502, or 20252; in paragraph (2)(A), by striking or 14705 and inserting 14507, or 20403; and in paragraph (2)(B)(i), by striking or 14101(a) and inserting 14101(a), or 20211. Sections 1555(c)(3) and 1557(f)(3) are amended by inserting the Department of after Air Force,. Section 1556(a) is amended by inserting the Department of after the Army Review Boards Agency,. Section 1559(c)(3) is amended by inserting the Department of after Air Force,. Chapter 88 of such title is amended as follows: Section 1781a(b)(1)(B)(iii) is amended— by striking member and and inserting member,; and by inserting , and one of whom shall be the spouse or parent of a member of the Space Force after parent of a reserve component member. Section 1781b is amended— in subsection (b)(3), by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, the reserve components, and the Space Force; and in subsection (c)(2)— by striking both; and by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, members of the reserve components, and members of the Space Force. Section 2007 of such title is amended by adding at the end the following new subsection: The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a Space Force active status who are not on active duty. Section 2107 of such title is amended— in subsection (a)— by striking Navy, and inserting Navy or; and by striking Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting or Marine Corps; and by adding at the end the following new subsection: Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title. Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title. Section 2111 of such title is amended by adding at the end the following new sentence: The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force.. (i)a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or(ii)a qualified officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general.; and (B)The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is—(i)a reserve component officer; or(ii)an officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty.. (2)Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.. (2)Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.. (b)Space ForceExcept as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a).. (2)Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).. (D)A member of the Space Force in a Space Force active status on sustained duty or subject to a call or order to active duty for a period in excess of 12 months.; and (14)Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay.; and (C)the member’s initial entrance on active duty or into a Space Force active status.; (B)after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and; (D)to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days.. (d)Members of the Space ForceA member of the Space Force in a Space Force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve.; and (5)in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and(6)in the case of an enlisted member of the Space Force, the member is—(A)denied reenlistment; or(B)involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.. (g)The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a Space Force active status who are not on active duty.. (k)Applicability to Space Force(1)Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title.(2)Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title..

1733. Title 38, United States Code (veterans’ benefits) Section 101 of title 38, United States Code, is amended— in paragraph (23), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service) both places it appears; and in paragraph (27)— by striking subparagraph (E); and by redesignating subparagraphs (F), (G), and (H) as subparagraphs (E), (F), and (G), respectively. Section 1965 of such title is amended— in paragraph (2)(A), by inserting , or by members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, after for Reserves; and in paragraph (3)(A), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service). Section 2402(a) of such title is amended in paragraph (2), by inserting any member of the Space Force, after a Reserve component of the Armed Forces,. Section 3011(a)(3)(D) of such title is amended by inserting or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10 after of the Armed Forces,. Section 3311(c)(3) of such title is amended by inserting , or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10, after of the Armed Forces the second place it appears.

1741. Transition period In this subtitle, the term transition period means the period beginning on the date of the enactment of this Act and ending on the last day of the fourth fiscal year beginning after the date of the enactment of this Act.

1742. Change of duty status of members of the Space Force During the transition period, the Secretary of the Air Force shall change the duty status of each member of the Regular Space Force to Space Force active status and shall, at the same time, order the member to sustained duty under section 20105 of title 10, United States Code, as added by section 1715 of this Act. Any such order may be made without regard to any otherwise applicable requirement that such an order be made only with the consent of the member or as specified in an enlistment agreement or active-duty service commitment. For purposes of this section, the terms Space Force active status and sustained duty have the meanings given those terms by subsection (e) of section 101 of title 10, United States Code, as added by section 1713(a). The change of a member’s duty status and order to sustained duty in accordance with subsection (a) shall be effective on the date specified by the Secretary of the Air Force, but not later than the last day of the transition period.

1743. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard During the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air Force Reserve or the Air National Guard to, and appoint the officer in, the Space Force. During the transition period, the Secretary of the Air Force may transfer each covered enlisted member of the Air Force Reserve or the Air National Guard to the Space Force, other than those members who do not consent to the transfer. Each transfer under this subsection shall be effective on the date specified by the Secretary of Defense, in the case of an officer, or the Secretary of the Air Force, in the case of an enlisted member, but not later than the last day of the transition period. Transfers under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. In the case of an officer, applicable regulations shall include those prescribed pursuant to section 716 of title 10, United States Code. In the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (a), the Secretary of the Air Force may accept the initial enlistment of the member in the Space Force for a period of less than 2 years, but only if the period of enlistment in the Space Force is not less than the period remaining, as of the date of the transfer, in the member’s term of enlistment in the Air Force Reserve. During the transition period, upon the transfer of a mission of the Air Force Reserve or the Air National Guard to the Space Force— the end strength authorized for the Space Force pursuant to section 115(a)(1)(A) of title 10, United States Code, for the fiscal year during which the transfer occurs shall be increased by the number of billets associated with that mission; and the end strength authorized for the Air Force Reserve and the Air National Guard pursuant to section 115(a)(2) of such title for such fiscal year shall be decreased by the same number. For purposes of the transfer of covered members of the Air Force Reserve in accordance with subsection (a)— the Air Force Reserve, the Air National Guard, and the Space Force shall be considered to be components of the same Armed Force; and the Space Force officer list shall be considered to be an active-duty list of an Armed Force. If a covered member of the Air Force Reserve or the Air National Guard does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force may, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within the Air Force Reserve. For purposes of this section, the term covered, with respect to a member of the Air Force Reserve or the Air National Guard, means— a member who as of the date of the enactment of this Act holds an Air Force specialty code for a specialty held by members of the Space Force; and any other member designated by the Secretary of the Air Force for the purposes of this section.

1744. Placement of officers on the Space Force officer list Officers of the Space Force whose duty status is changed in accordance with section 1742, and officers of the Air Force Reserve or the Air National Guard who transfer to the Space Force in accordance with section 1743, shall be placed on the Space Force officer list in an order determined by their respective grades and dates of rank. Among officers of the same grade and date of rank, placement on the Space Force officer list shall be in the order of their rank as determined in accordance with section 741(c) of title 10, United States Code.

1745. Disestablishment of regular Space Force The Secretary of the Air Force shall disestablish the Regular Space Force not later than the end of the transition period, once there are no longer any members remaining in the Regular Space Force. The Regular Space Force shall be disestablished upon the completion of the change of duty status of all members of the Space Force pursuant to section 1742 and certification by the Secretary of the Air Force to the congressional defense committees that there are no longer any members of the Regular Space Force. The Secretary shall publish in the Federal Register notice of the disestablishment of the Regular Space Force, including the date thereof, together with any certification submitted pursuant to subsection (a). Section 9085 of title 10, United States Code, relating to the composition of the Regular Space Force, is repealed. The amendment made by this subsection shall take effect on the date on which the certification is submitted under subsection (a).

1746. End strength flexibility Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for a fiscal year as follows: Increase the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. Decrease the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. The authority provided under paragraph (1) shall terminate on the last day of the transition period. Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force during the transition period.

1747. Promotion authority flexibility During the transition period, the Secretary of the Air Force may convene selection boards to consider officers on the Space Force officer list for promotion, and may promote Space Force officers selected by such boards, in accordance with any of the following provisions of title 10, United States Code: Chapter 36. Part III of subtitle E. Chapter 2005, as added by section 1716. For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with chapter 36 of such title— provisions that apply to an officer of a regular component of the Armed Forces shall apply to an officer of the Space Force; and the Space Force officer list shall be considered to be an active-duty list. For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with part III of subtitle E of such title— provisions that apply to an officer of a reserve component of the Armed Forces shall apply to an officer of the Space Force; and the Space Force officer list shall be considered to be a reserve active-status list. For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with either chapter 36 or part III of subtitle E of such title— section 20213 of such title, as added by section 1716 if this Act, shall apply to the composition of the selection board; the provisions of chapter 2005 of such title, as added by such section 1716, regarding officers on the Space Force officer list eligible to be considered for promotion to the grade of brigadier general or major general shall apply; section 20216 of such title, as so added, shall apply; and the provisions of chapter 36 or part III of subtitle E of such title, as the case may be, regarding failure of selection for promotion shall apply. If the Secretary of the Air Force convenes a selection board under chapter 2005 of title 10, United States Code, as added by section 1716, to consider officers on the Space Force officer list in a particular grade and competitive category for selection for promotion to the next higher grade, the Secretary may not convene a future selection board pursuant to subsection (a) to consider officers of the same grade and competitive category under chapter 36 or part III of subtitle E of such title.

1751. Title 10, United States Code Title 10, United States Code, is amended as follows: Section 9151 is amended by inserting and in the Space Force after in the Regular Air Force. Section 741(a) is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force. Section 101(b)(4) is amended by striking or Marine Corps and inserting Marine Corps, or Space Force. Section 601(e) is amended— by striking or Marine Corps, and inserting Marine Corps, or Space Force or; and by striking or the commensurate grades in the Space Force,. Section 1370 is amended as follows: Subsection (a)(2) is amended by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy. Subsection (b) is amended — in paragraph (1)— by striking or Marine Corps and all that follows through the Space Force, and inserting Marine Corps, or Space Force or lieutenant in the Navy,; and in subparagraph (B), by striking major general and all that follows through Space Force and inserting major general or rear admiral; in paragraph (4), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy,; in paragraph (5)— in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or lieutenant commander in the Navy,; in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or commander or captain in the Navy,; and in subparagraph (C), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy,; and in paragraph (6), by striking , or an equivalent grade in the Space Force,. Subsection (c)(1) is amended by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. Subsection (d) is amended— in paragraph (1), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or rear admiral in the Navy; and in paragraph (3), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy,. Subsection (e)(2) is amended by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy,. Subsection (f) is amended — in paragraph (3)— in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy; and in subparagraph (B), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy; and in paragraph (6)— in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy; and in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. Sections 1563(c)(1) and 1563a(a)(1) are each amended— by striking general, and inserting general or; and by striking , or an equivalent grade in the Space Force. Section 9020(a) is amended by striking the general, flag, or equivalent officers of. Such title is further amended as follows: Section 690(a) is amended by striking or Marine Corps, and inserting Marine Corps, or Space Force,. Section 772(i) is amended— by striking an Air Force School and inserting an Air Force or Space Force school; and by striking aviation badges of the Air Force and inserting aviation or space badges of the Air Force or Space Force. Section 976(a)(1)(C) is amended by inserting or the Space Force after member of a Reserve component. Section 981 is amended— in subsection (a), by striking Marine Corps, Air Force, and inserting Air Force, Marine Corps, Space Force,; in subsection (b), by striking and Marine Corps and inserting Marine Corps, and Space Force; and in subsection (c)(1), by inserting Space Force, after Marine Corps,. Section 1491(h)(1) is amended by striking or air service and inserting air, or space service. Section 9419(d) is amended by inserting or the Space Force after training program of the Air Force. Section 9082 is amended as follows: Subsection (d)(5) is amended by striking sections and all that follows through of law and inserting sections 171 and 3104 of this title and other provisions of law. Subsection (e)(1) is amended by striking Commencing and all that follows through the Chief and inserting The Chief.

1752. Other provisions of law Section 233(i)(1) of the Trade Act of 1974 (19 U.S.C. 2293(i)(1)) is amended by inserting , or a member of the Space Force, after a member of a reserve component of the Armed Forces. Section 631(c) of title 28, United States Code is amended by inserting , members of the Space Force before , and members of the Army National Guard. The Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) is amended as follows: Section 101(2)(A) (50 U.S.C. 3911(2)(A)) is amended by inserting Space Force, after Marine Corps,. Section 106 (50 U.S.C. 3917) is amended by adding at the end the following new subsection: The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service. Section 108(5) (50 U.S.C. 3919(5)) is amended by inserting or as a member of the Space Force before the period at the end. (c)Treatment of members of Space ForceThe provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service..

2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2024.

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, 2026; or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027. 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, 2026; or the date of the enactment of an Act authorizing funds for fiscal year 2027 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003. Effective date Titles XXI through XXVII shall take effect on the later of— October 1, 2023; or the date of the enactment of this Act.

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: Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:

2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts Section 2844(c)(2)(C) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1865) is amended by striking October 1, 2025 and inserting October 1, 2027.

2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of that Act (131 Stat. 1819) and extended and modified by subsections (a) and (b) of section 2106 of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2106. 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 paragraph (2), as provided in section 2101 of that Act (132 Stat. 2241), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2901 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

2107. Extension of authority to carry out certain fiscal year 2021 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2101(a) of that Act (134 Stat. 4295), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization under section 2865 of that Act (10 U.S.C. 2802 note) for the project described in paragraph (2) in Fort Eisenhower, Georgia, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The project described in this paragraph is the following:

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: Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:

2203. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 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.

2204. 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 paragraph (2), as provided in section 2201 of that Act (132 Stat. 2243), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: 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 under section 2810 of that Act (132 Stat. 2266) for the project described in paragraph (2) shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The project described in this paragraph is the following:: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

2205. Extension of authority to carry out certain fiscal year 2021 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

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: Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:

2303. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

2304. Extension of authority to carry out certain fiscal year 2017 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorizations set forth in the table in paragraph (2), as provided in section 2301(b) of that Act (130 Stat. 2697) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

2305. Extension of authority to carry out certain fiscal year 2018 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825) and extended by section 2304(a) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

2306. 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 paragraph (2), as provided in section 2301 of that Act (132 Stat. 2246), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (132 Stat. 2287), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

2307. Extension of authority to carry out certain fiscal year 2021 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2301 of that Act (134 Stat. 4299), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2902 of that Act (134 Stat. 4373), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows:

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:

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: In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:

2403. Authorization of appropriations, Defense Agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

2404. Extension of authority to carry out certain fiscal year 2018 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2406. Extension of authority to carry out certain fiscal year 2021 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (134 Stat. 4305), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in paragraph (1) is as follows: Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2402 of that Act (134 Stat. 4306), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2407. Additional authority to carry out certain fiscal year 2022 projects In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:

2408. Additional authority to carry out certain fiscal year 2023 projects In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:

2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.

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:

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:

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:

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:

2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:

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:

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:

2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.

2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York 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 2604 of that Act (132 Stat. 2255), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2609. Extension of authority to carry out certain fiscal year 2021 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. The table referred to in subsection (a) is as follows:

2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263) and specified in the funding table in section 4601 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) for Camp Pendleton, California, for construction of an Area Maintenance Support Activity, the Secretary of the Army may construct a 15,000 square foot facility.

2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania The Chief of the National Guard Bureau may expend amounts available to the Army National Guard for facilities sustainment, restoration, and modernization to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania, if— the Commonwealth of Pennsylvania has a sufficient remaining lease term for such center to realize the full lifecycle benefit of such a project; the Federal contribution for such a project does not exceed 50 percent of the cost of the project (inclusive of all project costs); and the Chief of the National Guard Bureau notifies the Committees on Armed Services of the Senate and the House of Representatives not less than 15 days before awarding a contract for such a project, which shall include an explanation of the sufficiency of remaining lease term to justify the investment.

2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act, as specified in the funding table in section 4601.

2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.

2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado The Secretary of the Army shall close the Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot), not later than one year after the completion of the chemical demilitarization mission at such location in accordance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention). The Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent–Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). The Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot. Nothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent–Destruction Pilot Plant at the Depot in accordance with Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the Resource Conservation and Recovery Act of 1976) issued by the State of Colorado, or any associated or follow-on permits under such Act. Given the nature of activities undertaken at the Chemical Agent–Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent–Destruction Pilot Plant is deemed unsuitable for homeless use and, in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to section 2905(b)(7) of 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).

2801. Authority for Indo-Pacific posture military construction projects The Commander of the United States Indo-Pacific Command (in this section referred to as the Commander) may carry out an unspecified military construction project not otherwise authorized by law or may authorize the Secretary of a military department to carry out such a project. A project carried out under this section may include any planning, designing, construction, development, conversion, extension, renovation, or repair, whether to satisfy temporary or permanent requirements, and, to the extent necessary, any acquisition of land. A project carried out under this section shall be for the purpose of— supporting the rotational deployments of the Armed Forces; enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated national defense activities; or providing for prepositioning and storage of equipment and supplies. A project carried out under this section— may be located— at a cooperative security location, forward operating site, or contingency location for use by the Armed Forces; or at a location used by the Armed Forces that is owned or operated by Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; and may be carried out without regard to whether the real property or facilities at the location are under the jurisdiction of the Department of Defense if the Commander determines that the United States has a sufficient interest in the property or facility to support the project. The cost of any project carried out under this section may not exceed $15,000,000. In carrying out a project under this section, the Commander, or the Secretary of a military department when authorized by the Commander, may use amounts authorized for— the INDOPACOM Military Construction Pilot Program fund; and operation and maintenance that are made available to the Commander, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code. If the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall notify the congressional defense committees of that determination in an electronic medium pursuant to section 480 of title 10, United States Code. Notice under paragraph (1) with respect to a project shall include relevant details of the project, including the estimated cost, and may include a classified annex. A project under this section covered by paragraph (1) may not be carried out until the end of the 14-day period beginning on the date the notification under such paragraph is received by the congressional defense committees. Not later than December 31 of each year, the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the President, recommended adjustments to the authority under this section for the most recently ended fiscal year. Subsections (a) and (b) of section 2851 of title 10, United States Code, shall not apply to projects carried out under this section. When exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 of title 10, United States Code, be considered the Secretary concerned. The authority to carry out a project under this section expires on March 31, 2029.

2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: The head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. An order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. An order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. Amounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor. The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 2817.Ordering authority(a)In generalThe head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project.(b)ObligationsAn order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor.(c)Contingency expensesAn order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project.(d)Availability of amountsAmounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor.. 2817. Ordering authority..

2817. Ordering authority The head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. An order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. An order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. Amounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor.

2803. Application of area construction cost indices outside the United States Section 2805(f) of title 10, United States Code, is amended— in paragraph (1), by striking inside the United States; by striking paragraph (2); and by redesignating paragraph (3) as paragraph (2).

2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost Notwithstanding section 3323(a) of title 10, United States Code, the Secretary of Defense may authorize the use of contracts using cost-plus incentive-fee contracting for military construction projects associated with launch facilities, launch centers, and related infrastructure of the Sentinel Program of the Department of Defense for not more than one low-rate initial production lot at each of the following locations: F.E. Warren Air Force Base. Malmstrom Air Force Base. Minot Air Force Base. Not later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall brief the congressional defense committees on the following: Uncertainties with site conditions at locations specified under subsection (a). The plan of the Department of Defense to transition to firm, fixed price contracts for military construction following any military construction projects carried out under subsection (a). The acquisition process for military construction projects carried out under subsection (a). Updates on the execution of military construction projects carried out under subsection (a).

2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range Section 3031(d)(1) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 907) is amended by striking 25 years after the date of the enactment of this Act and inserting on October 5, 2049. Section 3031(e) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 908) is amended— in the subsection heading, by striking Initial; and in paragraph (1), by striking initial.

2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam The Secretary of the Navy (in this section referred to as the Secretary) may lease to the Government of Guam parcels of real property, including any improvements thereon, consisting of approximately 102 acres of undeveloped land and approximately 10.877 acres of utility easements in the municipality of Barrigada and Mangilao, Guam, known as the Barrigada Transmitter Site, for construction of a public hospital and medical campus, without fair market consideration. The exact acreage and legal description of the property to be leased under subsection (a) shall be determined by a survey satisfactory to the Secretary. The lease under subsection (a) shall not require an appraisal. A lease of property under subsection (a) shall be subject to all existing easements, restrictions, and covenants of record, including restrictive covenants, that the Secretary determines are necessary to ensure that— the use of the property is compatible with continued military activities by the Armed Forces of the United States in Guam; the environmental condition of the property is compatible with the use of the property as a public hospital and medical campus; access is available to the United States to conduct environmental remediation or monitoring as required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)); the property is used only for a public hospital and medical campus, which may include ancillary facilities to support the hospital and campus, or as set forth in subsection (e); and the public hospital and medical campus to be constructed on the property shall— include— an MV–22-capable helipad; recompression chamber capability; and perimeter fencing; and allow for the relocation of weather radar equipment owned by the United States at the hospital or campus. The Secretary is not required to fund the construction or operation of a hospital or medical campus on the property leased under subsection (a). All direct and indirect administrative costs, including for surveys, title work, document drafting, closing, and labor, incurred by the Secretary related to any lease of the property under subsection (a) shall be borne by the Government of Guam. The Secretary may require such additional terms and conditions in connection with the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. The property subject to any lease under subsection (a) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency.

2807. Revision to access and management of Air Force memorial Section 2863(e) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1332), is amended by striking the Foundation and inserting non-Federal Government entities, the Secretary of the Air Force, or both.

2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps Chapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section: The Secretary of the Navy (in this section referred to as the Secretary) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility). For each phase of development of the Facility, the Secretary may— permit the Foundation to contract for the design, construction, or both of such phase of development; or accept funds from the Foundation for the design, construction, or both of such phase of development. Upon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States. The Secretary may, for the purpose of maintenance and operation of the Facility— enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility. In making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title. Subject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. The Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. The Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended. Under regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility. The Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1). The Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. The table of sections at the beginning of chapter 861 of such title is amended by inserting after the item relating to section 8617 the following new item: Section 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A–440) is repealed. 8618.Marine Corps Heritage Center and the National Museum of the Marine Corps(a)Joint venture for development and continued maintenance and operationThe Secretary of the Navy (in this section referred to as the Secretary) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility).(b)Design and constructionFor each phase of development of the Facility, the Secretary may—(1)permit the Foundation to contract for the design, construction, or both of such phase of development; or(2)accept funds from the Foundation for the design, construction, or both of such phase of development.(c)Acceptance authorityUpon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States.(d)Maintenance, operation, and support(1)In generalThe Secretary may, for the purpose of maintenance and operation of the Facility—(A)enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and(B)notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility.(2)Consideration for leaseIn making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title.(3)Use for revenue-generating activities(A)In generalSubject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility.(B)LimitationThe Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility.(4)Retention of lease paymentsThe Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended.(e)Use of certain gifts(1)In generalUnder regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility.(2)ExpensesThe Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1).(f)Additional terms and conditionsThe Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.. 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps..

2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia The Secretary of the Navy (in this section referred to as the Secretary) may acquire by purchase or lease approximately 225 square feet of land, including ingress and egress, at Westmoreland State Park, Virginia, for the purpose of installing, operating, maintaining, and protecting equipment to support research and development activities by the Department of the Navy in support of national security. The acquisition of property under subsection (a) shall be subject to the following terms and conditions: The Secretary shall pay the Commonwealth of Virginia fair market value for the property to be acquired, as determined by the Secretary. Such other terms and conditions as considered appropriate by the Secretary. The legal description of the property to be acquired under subsection (a) shall be determined by a survey that is satisfactory to the Secretary and the Commonwealth of Virginia. The provisions of chapter 2003 of title 54, United States Code, shall not apply to the acquisition of property under subsection (a). The Secretary shall reimburse the Commonwealth of Virginia for the reasonable and documented administrative costs incurred by the Commonwealth of Virginia to execute the acquisition by the Secretary of property under subsection (a). The real property interest acquired by the Secretary under subsection (a) shall terminate, and be released without cost to the Commonwealth of Virginia, when the Secretary determines such real property interest is no longer required for national security purposes.

2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location Not later than September 30, 2026, the Secretary of Defense shall completely vacate the offices of the Joint Spectrum Center of the Department of Defense in Annapolis, Maryland. The Secretary shall take appropriate action to move, consolidate, or both, the offices of the Joint Spectrum Center to the headquarters building of the Defense Information Systems Agency at Fort Meade, Maryland, or another appropriate location chosen by the Secretary for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense. Not later than January 31 and July 31 of each year until the Secretary has completed the requirements under subsections (a) and (b), the Commander of the Defense Information Systems Agency shall provide an in-person and written update on the status of the completion of those requirements to the Committees on Armed Services of the Senate and the House of Representatives and the congressional delegation of Maryland. Upon vacating the offices of the Joint Spectrum Center in Annapolis, Maryland, pursuant to subsection (a), all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center in such location shall be terminated. Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 569) is repealed.

2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction Section 2801 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263) is amended— by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and by inserting after paragraph (1) the following new paragraph (2): in subsection (b)(2), by substituting $4,000,000 for $2,000,000; The amendments made by subsection (a) shall apply as if included in the enactment of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263). (2)in subsection (b)(2), by substituting $4,000,000 for $2,000,000;.

2813. Pilot program on replacement of substandard enlisted barracks The Secretary concerned may, in accordance with this section, carry out a pilot program under which the Secretary concerned may replace an existing enlisted barracks with a new enlisted barracks not otherwise authorized by law. A new facility for an enlisted barracks replaced under subsection (a)— may not have a greater personnel capacity than the facility being replaced but may be physically larger than the facility being replaced; must be replacing a facility that is in a substandard condition, as determined by the Secretary concerned, and which determination may not be delegated, in advance of project approval; must be designed and utilized for the same purpose as the facility being replaced; must be located on the same installation as the facility being replaced; and must be designed to meet, at a minimum, current standards for construction, utilization, and force protection. The Secretary concerned, in using the authority under this section, may spend amounts available to the Secretary concerned for operation and maintenance or unspecified military construction. When a decision is made to carry out a replacement project under this section with an estimated cost in excess of $10,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of title 10, United States Code, to the appropriate committees of Congress a report containing— the justification for the replacement project and the current estimate of the cost of the project; and a description of the elements of military construction, including the elements specified in section 2802(b) of such title, incorporated into the project. In this section: The terms appropriate committees of Congress, facility, and Secretary concerned have the meanings given those terms in section 2801 of title 10, United States Code. The term enlisted barracks means barracks designed and utilized for housing enlisted personnel of the Armed Forces. The term personnel capacity, with respect to an enlisted barracks, means the design capacity for the number of enlisted personnel housed in the enlisted barracks. The term substandard condition, with respect to a facility, means the facility can no longer meet the requirements of current standards without repair that would cost more than 75 percent of the replacement cost. The authority under this section shall terminate on the date that is five years after the date of the enactment of this Act.

2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard Section 2391 of title 10, United States Code, is amended— in subsection (d)— in paragraph (1)(B), in the matter preceding clause (i), by inserting , in consultation with the Commandant of the Coast Guard, after The Secretary; and by adding at the end the following new paragraph: In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall consult with the Commandant of the Coast Guard to assess the selection and prioritization of the project concerned. in subsection (e)(1), by adding at the end the following new sentence: For purposes of subsection (d), the term military installation includes an installation of the Coast Guard under the jurisdiction of the Department of Homeland Security.. (5)In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall consult with the Commandant of the Coast Guard to assess the selection and prioritization of the project concerned.; and

2815. Modification of pilot program on increased use of sustainable building materials in military construction Section 2861 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2802 note) is amended— in subsection (b)(1), by striking the period at the end and inserting “to include, under the pilot program as a whole, at a minimum— one project for mass timber; and one project for low carbon concrete. in subsection (d), by striking September 30, 2024 and inserting September 30, 2025; by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; by inserting after subsection (d) the following new subsection (e): Each military construction project carried out under the pilot program must commence construction by not later than January 1, 2025. in subsection (f)(1), as redesignated by paragraph (3), by striking December 31, 2024 and inserting December 31, 2025. (A)one project for mass timber; and(B)one project for low carbon concrete.; (e)Commencement of constructionEach military construction project carried out under the pilot program must commence construction by not later than January 1, 2025.; and

2821. Uniform condition index for military unaccompanied housing Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations requiring the Assistant Secretary of Defense for Energy, Installations, and Environment to complete and issue a uniform facility condition index for military unaccompanied housing, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. The uniform facility condition index required under subsection (a) shall be completed and issued by not later than October 1, 2024. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2822. Certification of habitability of military unaccompanied housing The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, a certification from the Secretary of each military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63, DoD Housing Management, or successor issuance. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2823. Maintenance work order management process for military unaccompanied housing Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to establish for each military department a process associated with maintenance work order management for military unaccompanied housing under the jurisdiction of such military department, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. The processes required under subsection (a) shall clearly define requirements for effective and timely maintenance work order management, including requirements with respect to— quality assurance for maintenance completed; communication of maintenance progress and resolution with management of military unaccompanied housing, barracks managers, and residents; and standardized performance metrics, such as the timeliness of completion of work orders. The Secretary of each military department shall administer the work order process required under subsection (a) for such military department and shall issue or update relevant guidance as necessary. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing Section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2871 note) is amended— in the section heading, by striking family; and in subsection (a)— by striking family; and by inserting , including military unaccompanied housing (as defined in section 2871 of title 10, United States Code) before the period at the end. In implementing the amendments made by subsection (a), the Secretary of Defense shall ensure that the standards required under section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2871 note), as modified pursuant to those amendments, apply to military unaccompanied housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. In this subsection, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2825. Oversight of military unaccompanied housing Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to require that the Secretary of each military department establish a civilian employee of the Department of Defense, or of the military department concerned, at the housing office for each installation of the Department under the jurisdiction of such Secretary to oversee military unaccompanied housing at that installation. For any installation of the Department for which the unaccompanied housing manager is a member of the Armed Forces, the civilian employee established under paragraph (1) at such installation shall report to a civilian employee at the housing office for such installation. No enlisted member of the Armed Forces or commissioned officer may be designated as a barracks manager or supervisor in charge of overseeing, managing, accepting, or compiling maintenance records for any military unaccompanied housing as a collateral duty. The function of a barracks manager or supervisor described in paragraph (1) for an installation of the Department shall be completed by a civilian employee or contractor of the Department who shall report to the government housing office of the installation. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense to eliminate the grant of any flexibilities to— minimum adequacy standards for configuration, privacy, condition, health, and safety for existing permanent party military unaccompanied housing to be considered suitable for assignment or occupancy; and standards for the construction of new military unaccompanied housing. The requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to standards for adequacy for assignment and new construction standards for military unaccompanied housing, including modification of the Housing Management Manual of the Department of Defense and Department of Defense Manual 4165.63, DoD Housing Management. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2827. Design standards for military unaccompanied housing Section 2856 of title 10, United States Code, is amended— in the section heading, by striking local comparability of floor areas and inserting standards; by striking In and inserting (a) Local comparability in floor areas.—In; in subsection (a), as designated by subparagraph (B), by inserting , except for purposes of meeting minimum area requirements under subsection (b)(1)(A), after exceed; and by adding at the end the following new subsection: In the design, assignment, and use of military unaccompanied housing, the Secretary of Defense shall establish uniform standards that— provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of military unaccompanied housing; ensure that not more than two individuals may occupy such a unit; and provide definitions and measures for habitability, specifying criteria of design and materiel quality to be applied and levels of maintenance to be required. Standards established under paragraph (1) may be waived for specific units of military unaccompanied housing by the Secretary concerned (who may not delegate such waiver) for a period not longer than one year and may not be renewed. The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2856 and inserting the following new item: Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— ensure that the uniform standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed and issued; and submit to the congressional defense committees a copy of those standards; or submit to the congressional defense committees a report, under the Secretary’s signature— explaining in detail why those standards are not completed and issued; indicating when those standards are expected to be completed and issued; and specifying the names of the personnel responsible for the failure of the Department of Defense to comply with paragraph (1). Not later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all military unaccompanied housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, located on an installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D). The requirement under paragraph (1) may not be waived. In this subsection, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code. The Under Secretary of Defense (Comptroller) shall include with the submission to Congress by the President of the annual budget of the Department of Defense for each of fiscal years 2025 through 2029 under section 1105(a) of title 31, United States Code, a signed certification that the Department of Defense and each of the military departments has requested sufficient funds to comply with this section and the amendments made by this section. (b)Floor space, number of members allowed, and habitability(1)In generalIn the design, assignment, and use of military unaccompanied housing, the Secretary of Defense shall establish uniform standards that—(A)provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of military unaccompanied housing;(B)ensure that not more than two individuals may occupy such a unit; and(C)provide definitions and measures for habitability, specifying criteria of design and materiel quality to be applied and levels of maintenance to be required.(2)WaiverStandards established under paragraph (1) may be waived for specific units of military unaccompanied housing by the Secretary concerned (who may not delegate such waiver) for a period not longer than one year and may not be renewed.. 2856. Military unaccompanied housing: standards..

2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing On and after February 1, 2025, any waiver by the Department of Defense of habitability standards for military unaccompanied housing in effect as of such date shall terminate. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the congressional defense committees an assessment on the following: The number of waivers currently in place for any standards for military unaccompanied housing as it relates to occupancy and habitability, disaggregated by Armed Force, location, and facility. A list of each such waiver, disaggregated by Armed Force, with a notation of which official appointed by the President and confirmed by the Senate approved the waiver. The number of members of the Armed Forces impacted by each such waiver, disaggregated by location. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a plan on addressing the deficiencies of military unaccompanied housing, including barracks and dormitories, that led to the use of waivers described in subsection (b)(1). The plan required under paragraph (1) shall include— a timeline for repairs, renovations, or minor or major military construction; the cost of any such repair, renovation, or construction; and an installation-by-installation get-well plan. Not later than 60 days after receiving the plan required under paragraph (1), the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on— the ability of the Department of Defense to execute the plan; and any recommendations of the Comptroller General for modifying the plan. In this section, the term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing The Secretary of Defense shall ensure that all renovations of military unaccompanied housing authorized on or after the date of the enactment of this Act that exceed 20 percent of the replacement cost of such facility and all construction of new military unaccompanied housing authorized on or after such date are designed and executed with security cameras in all common areas and entry points as part of a closed circuit television system. Not later than three years after the date of the enactment of this Act, the Secretary shall ensure that all military unaccompanied housing facilities are retrofitted with security cameras in all common areas and entry points as part of a closed circuit television system. In this section: The term common area has the meaning given that term by the Secretary of Defense and shall balance the need to increase security in appropriate areas with the privacy expectations of members of the Armed Forces in military unaccompanied housing. The term military unaccompanied housing means the following housing owned by the United States Government: Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. Transient housing intended to be occupied by members of the Armed Forces on temporary duty.

2830. Annual report on military unaccompanied housing Not later than one year after the date of the enactment of this Act, and annually thereafter for the following four years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military unaccompanied housing, excluding privatized military housing under subchapter IV of chapter 169 of title 10, United States Code. Each report required under subsection (a) shall contain a section provided by each Secretary of a military department that— is certified by the Secretary concerned; includes a list of all military unaccompanied housing facilities located on each installation under the jurisdiction of the Secretary concerned; identifies the replacement cost for each such facility; identifies the percentage of repair costs as it compares to the total replacement cost for each such facility; and specifies the funding required to conduct all needed repairs and improvements at each such facility. In this section, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.

2841. Improvements to privatized military housing Section 606(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232;10 U.S.C. 2871 note) is amended— in subparagraph (A)— by striking Each month and inserting Except as provided in subparagraph (D), each month; and by striking one of more and inserting one or more; and by adding at the end the following new subparagraph: Subject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code. The limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 by the Secretary of a military department with a lessor. Section 2878(f)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title. Subsection (e) of section 2890 of such title is amended— in paragraph (1)— by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense; and by striking member of the armed forces and inserting tenant; in paragraph (2)— in the matter preceding subparagraph (A)— by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General; by striking member of the armed forces and inserting tenant; and by striking Assistant Secretary and inserting Inspector General; and in subparagraph (B), by striking Assistant Secretary and inserting Inspector General; and in paragraph (3)— by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense; and by striking Secretary of the military department concerned and inserting Inspector General of the military department concerned. (D)Limitation on payment(i)In generalSubject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code.(ii)ApplicationThe limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 by the Secretary of a military department with a lessor.. (E)An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title..

2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— implement the recommendations of the Comptroller General of the United States contained in the report published by the Comptroller General on April 6, 2023, reissued with revisions on April 20, 2023, and titled DOD Can Further Strengthen Oversight of Its Privatized Housing Program (GAO–23–105377); or if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations.

2843. Treatment of nondisclosure agreements with respect to privatized military housing Section 2890(f)(1) of title 10, United States Code, is amended— by striking A tenant or prospective tenant of a housing unit may not be required to sign and inserting A landlord may not request that a tenant or prospective tenant of a housing unit sign; and by inserting at the end the following: The military services should seek to inform members of the armed forces of the possible consequences of entering into a nondisclosure agreement and encourage members to seek legal counsel before entering into such an agreement if they have questions about specific contractual terms..

2851. Department of Defense Military Housing Readiness Council Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781c the following new section: There is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council). The Council shall be composed of the following members: The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: Plumbing. Electrical. Heating, ventilation, and air conditioning (HVAC). Certified home inspection. Roofing. Structural engineering. Window fall prevention and safety. Two representatives of organizations that advocate on behalf of military families with respect to military housing. One individual appointed by the Secretary of Defense among representatives of the International Code Council. One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. The term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. The chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. Each member appointed under paragraph (1)(D) may not be affiliated with— any organization that provides privatized military housing; or the Department of Defense. The Council shall meet two times each year. The duties of the Council shall include the following: To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. Subject to section 552 of title 5 (commonly known as the Freedom of Information Act), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. Detailed minutes of each meeting of the Council shall be kept and shall contain— a record of the individuals present; a complete and accurate description of matters discussed and conclusions reached; and copies of all reports received, issued, or approved by the Council. The chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. Not later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. Each report under this subsection shall include the following: An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. A description of activities of the Council during the preceding fiscal year, including— analyses of complaints of tenants of housing units; data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; assessments of dispute resolution processes; assessments of overall customer service for tenants; assessments of results of housing inspections conducted with and without notice; and any survey results conducted on behalf of or received by the Council. Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. Each report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. In this section: The term landlord has the meaning given that term in section 2871 of this title. The term privatized military housing means housing provided under subchapter IV of chapter 169 of this title. The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1781c the following new item: 1781d.Department of Defense Military Housing Readiness Council(a)In generalThere is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council).(b)Members(1)In generalThe Council shall be composed of the following members:(A)The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary.(B)One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component.(C)One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D)One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field:(i)Plumbing.(ii)Electrical.(iii)Heating, ventilation, and air conditioning (HVAC).(iv)Certified home inspection.(v)Roofing.(vi)Structural engineering.(vii)Window fall prevention and safety. (E)Two representatives of organizations that advocate on behalf of military families with respect to military housing.(F)One individual appointed by the Secretary of Defense among representatives of the International Code Council.(G)One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification.(H)One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical).(I)One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration.(2)TermsThe term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense.(3)Attendance by landlordsThe chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate.(4)Additional requirements for certain membersEach member appointed under paragraph (1)(D) may not be affiliated with—(A)any organization that provides privatized military housing; or(B)the Department of Defense.(c)MeetingsThe Council shall meet two times each year.(d)DutiesThe duties of the Council shall include the following:(1)To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems.(2)To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title.(3)To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services.(e)Public reporting(1)Availability of documentsSubject to section 552 of title 5 (commonly known as the Freedom of Information Act), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist.(2)Minutes(A)In generalDetailed minutes of each meeting of the Council shall be kept and shall contain—(i)a record of the individuals present;(ii)a complete and accurate description of matters discussed and conclusions reached; and(iii)copies of all reports received, issued, or approved by the Council.(B)CertificationThe chair of the Council shall certify the accuracy of the minutes of each meeting of the Council.(f)Annual reports(1)In generalNot later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness.(2)ElementsEach report under this subsection shall include the following:(A)An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year.(B)A description of activities of the Council during the preceding fiscal year, including—(i)analyses of complaints of tenants of housing units;(ii)data received by the Council on maintenance response time and completion of maintenance requests relating to housing units;(iii)assessments of dispute resolution processes;(iv)assessments of overall customer service for tenants;(v)assessments of results of housing inspections conducted with and without notice; and(vi)any survey results conducted on behalf of or received by the Council.(C)Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources.(3)Public availabilityEach report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense.(g)DefinitionsIn this section:(1)LandlordThe term landlord has the meaning given that term in section 2871 of this title.(2)Privatized military housingThe term privatized military housing means housing provided under subchapter IV of chapter 169 of this title.. 1781d. Department of Defense Military Housing Readiness Council..

1781d. Department of Defense Military Housing Readiness Council There is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council). The Council shall be composed of the following members: The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: Plumbing. Electrical. Heating, ventilation, and air conditioning (HVAC). Certified home inspection. Roofing. Structural engineering. Window fall prevention and safety. Two representatives of organizations that advocate on behalf of military families with respect to military housing. One individual appointed by the Secretary of Defense among representatives of the International Code Council. One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. The term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. The chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. Each member appointed under paragraph (1)(D) may not be affiliated with— any organization that provides privatized military housing; or the Department of Defense. The Council shall meet two times each year. The duties of the Council shall include the following: To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. Subject to section 552 of title 5 (commonly known as the Freedom of Information Act), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. Detailed minutes of each meeting of the Council shall be kept and shall contain— a record of the individuals present; a complete and accurate description of matters discussed and conclusions reached; and copies of all reports received, issued, or approved by the Council. The chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. Not later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. Each report under this subsection shall include the following: An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. A description of activities of the Council during the preceding fiscal year, including— analyses of complaints of tenants of housing units; data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; assessments of dispute resolution processes; assessments of overall customer service for tenants; assessments of results of housing inspections conducted with and without notice; and any survey results conducted on behalf of or received by the Council. Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. Each report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. In this section: The term landlord has the meaning given that term in section 2871 of this title. The term privatized military housing means housing provided under subchapter IV of chapter 169 of this title.

2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces The Secretary of Defense shall include in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act questions specifically targeting the following areas: Overall satisfaction of members of the Armed Forces with their current living accommodation. Satisfaction of such members with the physical condition of their current living accommodation. Satisfaction of such members with the affordability of their current living accommodation. Whether the current living accommodation of such members has impacted any decision related to reenlistment in the Armed Forces.

2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia The Secretary of the Army (in this section referred to as the Secretary) may convey to the City of Wheeling, West Virginia (in this section referred to as the City), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 3.33 acres, known as the former BG J Sumner Jones Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. 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.

2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia The Secretary of the Army (in this section referred to as the Secretary) may convey to the City of New Martinsville, West Virginia (in this section referred to as the City), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.96 acres, known as the former Wetzel County Memorial Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. 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.

2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred Subsection (k) of section 2688 of title 10, United States Codes, is amended to read as follows: In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installation, the Secretary of Defense or the Secretary of a military department may authorize a contract on a sole source basis with the conveyee of the utility system to carry out a military construction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system. The Secretary of Defense or the Secretary of a military Department may convey under subsection (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph. (k)Improvement of conveyed utility system(1)In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installation, the Secretary of Defense or the Secretary of a military department may authorize a contract on a sole source basis with the conveyee of the utility system to carry out a military construction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.(2)The Secretary of Defense or the Secretary of a military Department may convey under subsection (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph..

2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland Except as provided in subsection (b), the Secretary of the Navy may not modify or restrict public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland, until— the Secretary submits to Congress a report describing the manner in which such access will be modified or restricted; and a law is enacted permitting such modifications or restrictions. Subsection (a) shall not apply to— temporary restrictions to protect public safety that are necessitated by emergent situations, hazardous conditions, maintenance of existing facilities, or live fire exercises; or the lease or transfer of the Greenbury Point Conservation Area to another public entity.

2874. Clarification of other transaction authority for installation or facility prototyping Section 4022(i) of title 10, United States Code, is amended— in paragraph (2)— in subparagraph (A), by striking ; and and inserting a period; by striking subparagraph (B); and by striking paragraph (1) and all that follows through not more and inserting paragraph (1), except for projects carried out for the purpose of repairing a facility, not more; by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph (3): The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available for military construction, notwithstanding— subchapters I and III of chapter 169 of this title; and chapters 221 and 223 of this title. (3)Use of amountsThe Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available for military construction, notwithstanding—(A)subchapters I and III of chapter 169 of this title; and(B)chapters 221 and 223 of this title..

2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— update Department of Defense Instruction 4165.70 (relating to real property management) and Unified Facilities Criteria 2–100–01 (relating to installation master planning) to— include a requirement to incorporate the impact of military installation resilience in all installation master plans; include a list of all sources of information approved by the Department of Defense; define the 17 military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department; require military installations to address the rationale for determining that any such hazard is not applicable to the installation; standardize reporting formats for military installation resilience plans; establish and define standardized risk rating categories for the use by all military departments; and define criteria for determining the level of risk to an installation to compare hazards between military departments; and require the Secretary of each military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1).

2876. Increase of limitation on fee for architectural and engineering services procured by military departments Section 7540(b) of title 10, United States Code, is amended by striking 6 percent and inserting 10 percent. Section 8612(b) of such title is amended by striking 6 percent and inserting 10 percent. Section 9540(b) of such title is amended by striking 6 percent and inserting 10 percent.

2877. Requirement that all material types be considered for design-bid-build military construction projects The Secretary concerned may not proceed from the design phase of a design-bid-build military construction project or solicit bids for the construction phase of a design-bid-build military construction project until the Secretary of Defense certifies that all materials included in the Unified Facilities Criteria of the Department of Defense have been equally considered for such project. Not later than January 1 of each year, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report— detailing the primary construction material for each design-bid-build military construction project for which a contract was awarded during the previous fiscal year in an amount that exceeds $6,000,000; and identifying whether each such project was designed or constructed based off a shelf design used at another installation of the Department of Defense. In this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a continuing education curriculum for members of the military construction planning and design workforce of the Department of Defense and the acquisition workforce of the Department responsible for military construction projects. The continuing education curriculum required under subsection (a)— shall be focused on improving the understanding, awareness, and utilization of innovative products for construction systems with increased benefits relating to— construction speed; anti-terrorism force protection; lateral wind, seismic activity, and fire performance standards; designs that factor in military installation resilience and protection against extreme weather events; life-cycle cost effectiveness and sustainability; renewability; and carbon sequestration; and shall include instruction relating to— all sustainable building materials, such as innovative wood products and mass timber systems; and designs to improve military installation resilience using projection data against extreme weather events. The Secretary shall ensure that— the continuing education curriculum required under subsection (a) is made available to each element of the military construction community not later than 60 days after completion of the curriculum; and such curriculum is updated whenever a new construction material is approved by the Unified Facilities Criteria of the Department. In developing the continuing education curriculum required under subsection (a), the Secretary shall consult with academic institutions. Not later than January 1, 2025, the Secretary shall ensure that— not less than 75 percent of the workforce described in subsection (a) has completed the first iteration of the continuing education curriculum required under such subsection; and such workforce receives updated information on innovative construction techniques on a continuing basis. Not later than June 1, 2024, the Secretary shall submit to appropriate committees of Congress a report containing an update on the status of the continuing education curriculum required under subsection (a). In this section: The term appropriate committees of Congress means— the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. The term military installation resilience has the meaning given that term in section 101(e)(8) of title 10, United States Code.

2879. Guidance on Department of Defense-wide standards for access to installations of the Department Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate interim guidance to the appropriate official or officials within the Department of Defense for purposes of establishing final standards of the Department for fitness of individuals for access to installations of the Department, which shall include modifying Department of Defense Manual 5200.08, Physical Security Program: Access to DoD Installations, or any comparable or successor policy guidance document. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate final guidance described in subsection (a). Not later than 60 days after promulgating interim guidance required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate the House of Representatives on such guidance, which shall include a timeline for promulgation of final guidance as required under subsection (b).

2880. Deployment of existing construction materials Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to utilize, transfer, or donate to States on the southern border of the United States all existing excess border wall construction materials, including bollards, for constructing a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico. Not later than 15 days after submitting to Congress the plan required under subsection (a), taking into account ongoing audits being conducted by the Defense Contract Audit Agency and ongoing construction contract negotiations by the Army Corps of Engineers, so long as any ongoing audits or construction contract negotiations are not a cause for delay, the Secretary shall work with the Defense Logistics Agency to execute that plan until the Department of Defense is no longer incurring any costs to maintain, store, or protect the materials specified under such subsection. Any State requesting border wall construction materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the construction of a permanent physical barrier along the border of the United States with Mexico. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store border wall panels. A list of entities the Department is paying for use of their privately owned land to store unused border wall construction materials, with appropriate action taken to protect personally identifiable information, such as by making the list of entities available in an annex that is labeled as controlled unclassified information. An explanation of the process through which the Department contracted with private landowners to store unused border wall construction materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. A description of any investigations by the Inspector General of the Department that have been opened related to storing border wall construction materials.

2881. Technical corrections Section 2902(c) of the Military Construction Authorization Act for Fiscal Year 2023 (16 U.S.C. 460gggg(c)) is amended by striking 217,845 and inserting 209,181. Section 2995(a)(3)(A) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 3016) is amended by inserting Gas after Basin.

3101. National Nuclear Security Administration Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:

3102. Defense environmental cleanup Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects:

3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for other defense activities in carrying out programs as specified in the funding table in section 4701.

3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for nuclear energy as specified in the funding table in section 4701.

3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the National Nuclear Security Administration for the purpose of conducting research and development of an advanced naval nuclear fuel system based on low-enriched uranium may be obligated or expended until the following determinations are submitted to the congressional defense committees: A determination made jointly by the Secretary of Energy and the Secretary of Defense with respect to whether the determination made jointly by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue research and development of an advanced naval nuclear fuel system based on low-enriched uranium, remains valid. A determination by the Secretary of the Navy with respect to whether an advanced naval nuclear fuel system based on low-enriched uranium can be produced that would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.

3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended by— redesignating subsection (f) as subsection (g); and inserting after subsection (e) the following new subsection (f): Unless the Administrator certifies to the congressional defense committees that the base capability to produce 30 plutonium pits per year has been established at Los Alamos National Laboratory, the Advanced Recovery and Integrated Extraction System (commonly known as ARIES) spaces at the Plutonium Facility at Technical Area 55 (commonly known as PF–4) may not be modified, including by installing additional equipment. Paragraph (1) shall not apply with respect to— the planning and design of an additional ARIES capability; or the transfer of the ARIES capability to a location other than PF–4. (f)Prohibition on ARIES expansion before realization of 30 pit per year base capability(1)In generalUnless the Administrator certifies to the congressional defense committees that the base capability to produce 30 plutonium pits per year has been established at Los Alamos National Laboratory, the Advanced Recovery and Integrated Extraction System (commonly known as ARIES) spaces at the Plutonium Facility at Technical Area 55 (commonly known as PF–4) may not be modified, including by installing additional equipment.(2)ExceptionsParagraph (1) shall not apply with respect to—(A)the planning and design of an additional ARIES capability; or (B)the transfer of the ARIES capability to a location other than PF–4. .

3113. Plutonium Modernization Program management Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended by adding at the end the following new subsection: Not later than 570 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the requirements of the Enhanced Management A program management category described in the execution instruction of the Office of Defense Programs entitled DP Program Execution Instruction: NA-10 Program Management Tools and Processes and issued on January 14, 2016, or any subsequent directive. (h)Not later than 570 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the requirements of the Enhanced Management A program management category described in the execution instruction of the Office of Defense Programs entitled DP Program Execution Instruction: NA-10 Program Management Tools and Processes and issued on January 14, 2016, or any subsequent directive. .

3114. Pantex explosives manufacturing capability Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section: Not later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead. On the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a). Subsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved. 4225.Pantex explosives manufacturing capability(a)In generalNot later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead.(b)BriefingOn the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a).(c)TerminationSubsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved..

4225. Pantex explosives manufacturing capability Not later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead. On the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a). Subsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved.

3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration Subtitle B of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by adding at the end the following section: The Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. The limitation described in subsection (a) shall not be interpreted— to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and in a manner that does not interfere with mission of such laboratory or facility. The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item: 4815.Limitation on establishing an enduring bioassurance program within the Administration(a)In generalThe Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.(b)Rule of constructionThe limitation described in subsection (a) shall not be interpreted—(1)to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or(2)to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided—(A)on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and(B)in a manner that does not interfere with mission of such laboratory or facility.. Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration..

4815. Limitation on establishing an enduring bioassurance program within the Administration The Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. The limitation described in subsection (a) shall not be interpreted— to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and in a manner that does not interfere with mission of such laboratory or facility.

3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide Section 4306B(f)(6) of the Atomic Energy Defense Act (50 U.S.C. 2569(f)(6)) is amended by striking 2028 and inserting 2033.

3117. Modification of reporting requirements for program on vulnerable sites Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is amended— by striking subsection (d); by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and in paragraph (6) of subsection (e), as so redesignated, by striking 2028 and inserting 2030. Section 4309(c)(7) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)(7)) is amended by striking section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) and inserting section 4306B(e).

3118. Implementation of enhanced mission delivery initiative Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2025 through 2029, the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall brief the congressional defense committees on the status of implementing the 18 principal recommendations and associated subelements of the report entitled Evolving the Nuclear Security Enterprise: A Report of the Enhanced Mission Delivery Initiative, published by the National Nuclear Security Administration in September 2022. Each briefing required by subsection (a) shall address— the status of implementing each recommendation described in subsection (a); with respect to each recommendation that has been implemented, whether the outcome of such implementation is achieving the desired result; with respect to each recommendation that has not been implemented, the reason for not implementing such recommendation; whether additional legislation is required in order to implement a recommendation; and such other matters as the Administrator considers necessary.

3119. Limitation on use of funds until provision of spend plan for W80-4 ALT weapon development Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operations of the Office of the Administrator for Nuclear Security, not more than 50 percent may be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees the spend plan for the warhead associated with the sea-launched cruise missile required by section 1642(d) of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).

3120. Analyses of nuclear programs of foreign countries The Secretary of Energy shall, using existing authorities of the Secretary, take such actions as are necessary to improve the ability of the Department of Energy to conduct comprehensive, integrated analyses of the nuclear programs of foreign countries. The Secretary shall conduct analyses of— countries that may pursue nuclear weapons programs in the future; developing technologies that make it easier for the governments of countries or for non-state actors to acquire nuclear weapons; and entities that may be developing the ability to supply sensitive nuclear technologies but may not yet have effective programs in place to ensure compliance with export controls.

3121. Enhancing National Nuclear Security Administration supply chain reliability Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section: The Administrator shall establish a supply chain reliability assurance program— to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— assisting in coordination for forecasting future needs in both legacy inventories and new procurements; establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration. The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4807 the following new item: 4808.Supply chain reliability assurance programThe Administrator shall establish a supply chain reliability assurance program—(1)to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and(2)to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to—(A)assisting in coordination for forecasting future needs in both legacy inventories and new procurements;(B)establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and(C)collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration.. Sec. 4808. Supply chain reliability assurance program..

4808. Supply chain reliability assurance program The Administrator shall establish a supply chain reliability assurance program— to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— assisting in coordination for forecasting future needs in both legacy inventories and new procurements; establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration.

3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended— in section 3212(b) (50 U.S.C. 2402(b)), by adding at the end the following new paragraph: Information resources management, including cybersecurity. in section 3232(b)(3)(50 U.S.C. 2422(b)(3)), by striking and cyber. (20)Information resources management, including cybersecurity.; and

3123. Redesignating duties related to departmental radiological and nuclear incident responses Section 3214(b) of the National Nuclear Security Administration Act (50 U.S.C. 2404 (b)) is amended by striking paragraph (3). Section 3212(b)(7) of the National Nuclear Security Administration Act (50 U.S.C. 2402(b)(7)) is amended by inserting and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents after management.

3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions Section 3241 of the National Nuclear Security Administration Act (50 U.S.C. 2441) is amended by striking 800 and inserting 1,200.

3125. Technical amendments to the Atomic Energy Defense Act The Atomic Energy Defense Act (50 U.S.C. 2501 et seq.) is amended— in section 4306(d)— in paragraph (1), by striking Not later than March 15, 2005, the and inserting The; and in paragraph (2), by striking Not later than January 1, 2006, the and inserting The; and in section 4807(f)(1), by striking 2022 and inserting 2030.

3126. Amendment to period for briefing requirements Section 4807(f)(1) of the Atomic Energy Defense Act (50 U.S.C. 2787(f)(1)) is amended by striking 2022 and inserting 2032.

3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project Section 3123(g) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2178) is repealed.

3131. Updated financial integration policy Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following: Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration. Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable. Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions. Any other matters the Administrator considers appropriate.

3141. Integration of technical expertise of Department of Energy into policymaking The Secretary of Energy shall take such measures as are necessary to improve the integration of the scientific and technical expertise of the Department of Energy, especially the expertise of the national laboratories, into policymaking, including by— ensuring that such expertise is involved during interagency discussions, regardless of the topic of such discussions; decreasing restrictions on personnel of laboratories and other facilities of the Department working in the Department headquarters for 2- to 3-year rotations; increasing collaboration among program managers and personnel of laboratories and other facilities of the Department during policy deliberations; and creating mechanisms for providing technical advice to officials of the Department responsible for nonproliferation policy.

3501. Maritime Administration Section 109 of title 49, United States Code, is amended to read as follows: The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. All duties and powers of the Maritime Administration are vested in the Secretary. The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and protect, preserve, and improve collateral held by the Secretary to secure indebtedness. The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— acquisition, construction, or reconstruction of vessels; construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; costs of national defense features; payments of obligations incurred for operating-differential subsidies; expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; the Vessel Operations Revolving Fund; National Defense Reserve Fleet expenses; expenses necessary to carry out part B of subtitle V of title 46; and other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration. 109.Maritime Administration(a)Organization and missionThe Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.(b)Maritime AdministratorThe head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.(c)Deputy Maritime AdministratorThe Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.(d)Duties and powers vested in SecretaryAll duties and powers of the Maritime Administration are vested in the Secretary.(e)Regional officesThe Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.(f)Interagency and industry relationsThe Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.(g)Detailing officers from Armed ForcesTo assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.(h)Contracts, cooperative agreements, and audits(1)Contracts and cooperative agreementsIn the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—(A)carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and(B)protect, preserve, and improve collateral held by the Secretary to secure indebtedness.(2)AuditsThe financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.(i)Grant administrative expensesExcept as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.(j)Authorization of appropriations(1)In generalExcept as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.(2)LimitationsOnly those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—(A)acquisition, construction, or reconstruction of vessels;(B)construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;(C)costs of national defense features;(D)payments of obligations incurred for operating-differential subsidies;(E)expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;(F)the Vessel Operations Revolving Fund;(G)National Defense Reserve Fleet expenses;(H)expenses necessary to carry out part B of subtitle V of title 46; and(I)other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration..

109. Maritime Administration The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. All duties and powers of the Maritime Administration are vested in the Secretary. The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and protect, preserve, and improve collateral held by the Secretary to secure indebtedness. The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— acquisition, construction, or reconstruction of vessels; construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; costs of national defense features; payments of obligations incurred for operating-differential subsidies; expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; the Vessel Operations Revolving Fund; National Defense Reserve Fleet expenses; expenses necessary to carry out part B of subtitle V of title 46; and other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.

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 3201 and 4024 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.

4101. PROCUREMENT

4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

4301. OPERATION AND MAINTENANCE

4401. MILITARY PERSONNEL

4501. OTHER AUTHORIZATIONS

4601. MILITARY CONSTRUCTION

4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS