H.R. 3838 — what changed
Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026
From Introduced in House to Reported in House.
8 sections amended, 586 added, and 18 removed between Introduced in House and Reported in House.
(a)
changed
Short title—In general— This Act may be cited as the “Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act of 2025” or the “SPEED Act”.for Fiscal Year 2026”.
(b)
changed
Table of contents—Reference— The table of contents for Any reference in this or any other Act is as follows:to the “National Defense Authorization Act for Fiscal Year 2026” shall be deemed to be a reference to the “Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026”.
Sec. 2
Organization of Act into divisions; table of contents
added
(a)
added
Divisions— This Act is organized into four divisions as follows:
(1)
added
Division A—Department of Defense Authorizations.
(2)
added
Division B—Military Construction Authorizations.
(3)
added
Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4)
added
Division D—Funding Tables.
(b)
added
Table of contents— The table of contents for this Act is as follows:
Sec. 3
Congressional defense committees
added
added
In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Sec. 101
Authorization of appropriations
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.
(a)
removed
Implementation— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
(b)
removed
Objectives of defense acquisition system—
(1)
removed
In general— Section 3102 of title 10, United States Code, is amended to read as follows:
removed
“3102. Objectives of the defense acquisition system
removed
“(a) In general—The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
removed
“(b) Guidance—The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following:
removed
“(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the Armed Forces and enable the missions of the Department of Defense.
removed
“(2) The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
removed
“(3) The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats.
removed
“(4) The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results.
removed
“(5) The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure.
removed
“(6) The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.”
(2)
removed
Conforming amendments—
(A)
removed
Under Secretary of Defense for Acquisition and Sustainment— Section 133b(b) of title 10, United States Code, is amended—
(i)
removed
in paragraph (1), by striking “delivering and sustaining timely, cost-effective capabilities for the Armed Forces (and the Department)” and inserting “expeditiously providing the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable”; and
(ii)
removed
in paragraph (9)(A), by striking “defense acquisition programs” and inserting “the defense acquisition system, in accordance with the objectives established pursuant to section 3102”.
(B)
removed
Director of Operational Test and Evaluation— Section 139(b) of title 10, United States Code, is amended—
(i)
removed
by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and
(ii)
removed
by inserting before paragraph (2), as so redesignated, the following new paragraph:
removed
“(1) ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title;”
(C)
removed
Director of Cost Assessment and Program Evaluation— Section 139a(d) of title 10, United States Code, is amended by inserting “shall carry out the requirements of this section in accordance with the objectives established pursuant to section 3102 of this title and” before “shall serve”.
(c)
removed
Civilian management of the defense acquisition system— Section 3103 of title 10, United States Code, is amended—
(1)
removed
in subsection (a), by striking “to ensure the successful and efficient operation of the defense acquisition system” and inserting “in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title”; and
(2)
removed
in subsection (b), by striking “to ensure the successful and efficient operation of such elements of the defense acquisition system.” and inserting the following:
removed
“(1) Implement strategies to effectively and efficiently respond to changes in capability requirements.
removed
“(2) Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program.
removed
“(3) Use iterative development cycles and discontinue or terminate the development of capabilities—
removed
“(A) that no longer align with approved capability requirements or priorities; or
removed
“(B) are experiencing significant cost growth, performance deficiencies, or delays in schedule.
removed
“(4) Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities.
removed
“(5) Ensure that contracting officers are appropriately trained and assigned to support effective contract management.”
(d)
removed
Acquisition-Related functions of chiefs of the Armed Forces—
(1)
removed
Performance of Certain Acquisition-related Functions— Section 3104(a) of title 10, United States Code, is amended—
(A)
removed
by inserting “, in accordance with the objectives established pursuant to section 3102 of this title,” after “Secretary of the military department concerned”; and
(B)
removed
by amending paragraphs (1) through (7) to read as follows:
removed
“(1) The development of capability requirement statements for equipping the armed force concerned that—
removed
“(A) describe the operational problem to provide necessary context for the capability requirement; and
removed
“(B) describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem;
removed
“(2) The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1).
removed
“(3) The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver the best value for the investment made.
removed
“(4) In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the Armed Forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States.
removed
“(5) The use of data-driven decision making to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title.
removed
“(6) Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness.
removed
“(7) Any recommendation for the termination of the development of capabilities—
removed
“(A) that no longer align with approved capability requirements or priorities;
removed
“(B) for which costs have significantly increased; or
removed
“(C) for which schedule delays have been significant.
removed
“(8) Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.”
(2)
removed
Adherence to Requirements in Major Defense Acquisition Programs— Section 3104(b) of title 10, United States Code, is amended—
(A)
removed
in paragraph (1), by striking “program capability document supporting a Milestone B or subsequent decision” and inserting “requirements documents”; and
(B)
removed
in paragraph (2)—
(i)
removed
in subparagraph (A), by striking “prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02”; and
(ii)
removed
in subparagraph (B), by striking “cost, schedule, technical feasibility, and performance trade-offs” and inserting “life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs”.
(3)
removed
Definitions— Section 3104(d) of title 10, United States Code, is amended to read as follows:
removed
“(d) Requirements document defined—In this section, the term requirements document means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title).”
(e)
removed
Technical amendments—
(1)
removed
Section 3101 of title 10, United States Code, is amended to read as follows:
removed
“3101. Definitions
removed
“In this chapter:
removed
“(1) The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
removed
“(2) The term capability requirement has the meaning provided in section 181 of this title.
removed
“(3) The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.”
(2)
removed
Section 3001(c) of title 10, United States Code, is amended by striking “this section” and inserting “this part”.
Sec. 102
Program executive officer responsibilities
removed
(a)
removed
In general— Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1731 the following new section:
removed
“1732. Program executive officer
removed
“(a) In general—A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management.
removed
“(b) Objectives—In carrying out the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:
removed
“(1) Expeditiously provide the Armed Forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable.
removed
“(2) Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
removed
“(3) Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats.
removed
“(c) Specific responsibilities
removed
“(1) In general—For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:
removed
“(A) Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer.
removed
“(B) Ensure the cost-effective allocation of resources by delivering operational capabilities.
removed
“(C) Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b).
removed
“(D) Use iterative development cycles and discontinue or terminate the development of capabilities—
removed
“(i) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
removed
“(ii) that are experiencing significant cost growth, performance deficiencies, or delays in schedule.
removed
“(E) Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value in meeting capability requirements (as defined in section 181 of this title).
removed
“(F) Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title.
removed
“(G) Collaborate with the Mission Engineering and Integration Activity established under section 203 of the SPEED Act to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate.
removed
“(H) Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section.
removed
“(2) Milestone decision authority duties—A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense.
removed
“(d) Functional Support—The Secretary concerned with respect to a program executive officer shall ensure that there is assigned to such program executive officer the personnel and other resources required for such program executive officer to successfully perform the assigned duties and responsibilities of such program executive officer, including—
removed
“(1) contracting and contract management;
removed
“(2) estimating costs;
removed
“(3) financial management;
removed
“(4) life-cycle management and product support;
removed
“(5) program management;
removed
“(6) engineering and technical management; and
removed
“(7) developmental testing and evaluation.”
(b)
removed
Amendment to definitions— Section 1737(a)(4) of title 10, United Stated Code, is amended to read as follows:
removed
“(4) The term program executive officer means an individual described in section 1732(a).”
Sec. 103
Major capability activity areas and pathfinder programs
removed
(a)
removed
Transition plan required—
(1)
removed
Submission of plan— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a comprehensive plan for organizing the programs assigned to the portfolio of a program executive officer of the Department of Defense in a manner primarily organized around major capability activity areas (“MCAAs”).
(2)
removed
Elements of the plan— The plan required under paragraph (1) shall be developed to more effectively facilitate the development, fielding, operation, sustainment, and modernization of capabilities of the Department of Defense in accordance with the objectives established pursuant to section 3102 of title 10, United States Code (as added by section 101 of this Act). Such plan shall include the following:
(A)
removed
A description of each proposed MCAA, including how the specific capability of the Department of Defense that is the subject of each MCAA aligns with and supports joint military capabilities.
(B)
removed
A proposed schedule, including benchmarks, for phased implementation of the plan to organize the programs of each military department and Defense Agency in a manner primarily organized around MCAAs.
(C)
removed
Recommendations for statutory or regulatory changes needed to facilitate the reorganization of program executive offices to be primarily organized around MCAAs.
(D)
removed
A strategy to preserve accountability for the delivery of a capability of the Department of Defense that is the subject of the proposed MCAA and to enable effective oversight of the proposed MCAA by the congressional defense committees.
(E)
removed
A description of the process for designating a Pathfinder under subsection (b).
(3)
removed
Organization by MCAAs—
(A)
removed
In general— In organizing programs in a manner primarily organized around MCAAs under this subsection, the Secretary shall—
(i)
removed
organize each proposed MCAA in a capability-oriented structure that reflects the unique and specific aspects of the subject capability of the MCAA;
(ii)
removed
assign relevant development, procurement, operations, and sustainment activities of the Department to the proposed MCAA as appropriate; and
(iii)
removed
ensure each proposed MCAA is organized in a manner that—
(I)
removed
will improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA; and
(II)
removed
connects amounts authorized for activities assigned to the proposed MCAA to the delivery of subject capability.
(B)
removed
Flexibility— The Secretary of Defense shall ensure each military department and Defense Agency has flexibility, according to their specific mission requirements, in the organization of proposed MCAAs.
(b)
removed
Designation of pathfinder MCAAs—
(1)
removed
Designation— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
(A)
removed
designate at least two program executive offices of the Department of Defense to be known as “Pathfinders”;
(B)
removed
identify the program executive officer with the responsibility of administering each such Pathfinder;
(C)
removed
ensure each such program executive officer organizes the programs assigned to such offices into a MCAA in accordance with the requirements of subsection (a)(3); and
(D)
removed
submit to the congressional defense committees a notification of each designation made under subparagraph (A), including the total amount authorized to carry out each Pathfinder for fiscal year 2026 and a description of the MCAA associated with each Pathfinder.
(2)
removed
Modified transfer authority for Pathfinders—
(A)
removed
Authority— The Secretary of Defense, acting through a Secretary of a military department or the head of a Defense Agency, may transfer amounts authorized for programs, projects, or activities that are included in a Pathfinder under the jurisdiction of such Secretary or head among such programs, projects, or activities.
(B)
removed
Limitations— A transfer made under this paragraph—
(i)
removed
shall directly support delivery of the capability of the Department of Defense that is the subject of the Pathfinder;
(ii)
removed
may not be used to initiate a new start program (as described in section 3601 of title 10, United States Code);
(iii)
removed
may not be used to terminate a program or activity of the Department that was in operation on or before the date of the designation of the Pathfinder; and
(iv)
removed
may not exceed 40 percent of the total amount authorized to carry out a Pathfinder specified under paragraph (1)(D).
(3)
removed
Additional pathfinders— The Secretary of Defense may designate additional MCAAs as Pathfinders under the authority of this subsection if the Secretary notifies the congressional defense committees not later than 15 days prior to each such designation.
(c)
removed
Report to congress—
(1)
removed
In general— Not later than 540 days after the date of the enactment of this Act, and annually thereafter until December 31, 2029, the Secretary of Defense shall submit to the congressional defense committees a report assessing the effectiveness of the use of a capability-oriented structure in subsection (a)(3) and Pathfinders in subsection (b) to—
(A)
removed
improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA or Pathfinder;
(B)
removed
inform and improve program management and planning for future activities assigned to the proposed MCAA or Pathfinder for the delivery of subject capability; and
(C)
removed
achieve the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by section 101 of this Act).
(2)
removed
Contents— The report required under paragraph (1) shall include the following:
(A)
removed
The extent to which the use of MCAAs and use of the transfer authority under subsection (b)(2) for Pathfinders affect the speed of addressing emerging threats and adopting new technologies.
(B)
removed
An analysis of any costs or benefits of using MCAAs.
(C)
removed
Recommendations, including statutory or regulatory modifications, for—
(i)
removed
expanding the use of Pathfinders; and
(ii)
removed
continuing the transition to using MCAAs.
(d)
removed
Definitions— In this section:
(1)
removed
The term major capability activity area or MCAA means a compilation of activities that relate to the delivery of a capability of the Department of Defense, as determined by the Secretary of Defense.
(2)
removed
The term joint military capabilities has the meaning given in section 181 of title 10, United States Code, as amended by section 201 of this Act.
(3)
removed
The term program executive officer has the meaning given in section 1732 of title 10, United States Code, as added by section 102 of this Act.
Sec. 104
Product support manager responsibilities and requirements
removed
(a)
removed
In general— Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1732 (as added by section 102 of this Act) the following new section:
removed
“1733. Product support manager
removed
“(a) In general—A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system.
removed
“(b) Objectives—In carrying out the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title.
removed
“(c) Specific responsibilities—A product support manager shall be responsible for the following:
removed
“(1) Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system.
removed
“(2) Collaborate with the chief engineer and systems engineers for the covered system—
removed
“(A) to develop the life-cycle sustainment plan and any product support plans for the covered system; and
removed
“(B) to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system.
removed
“(3) Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management.
removed
“(4) Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems.
removed
“(5) Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system.
removed
“(6) Use data-driven decision making, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title).
removed
“(7) Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title.
removed
“(d) Covered system defined—In this section, the term covered system has the meaning given in section 4322 of this title.”
(b)
removed
Education, training, and experience requirements for product support managers— Section 1735 title 10, United States Code, is amended—
(1)
removed
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2)
removed
by inserting after subsection (b) the following new subsection:
removed
“(c) Product support manager—Before being assigned to a position as product support manager, a person—
removed
“(1) shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense;
removed
“(2) shall have executed a written agreement as required in section 1734(b)(2) of this title; and
removed
“(3) in the case of—
removed
“(A) a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; and
removed
“(B) a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics.”
(c)
removed
Conforming amendments— Section 1731(a)(1)(B) title 10, United States Code, is amended by adding at the end the following new clause:
removed
“(iv) Product support manager.”
Sec. 105
Amendments to life-cycle management and product support
removed
(a)
removed
Reorganization of life-Cycle and sustainment chapter—
(1)
removed
In general— Chapter 323 of title 10, United States Code, is amended—
(A)
removed
by repealing sections 4321, 4323, and 4324;
(B)
removed
by redesignating section 4328 as section 4321 and transferring such section so as to appear after the table of sections at the beginning of such chapter;
(C)
removed
by redesignating section 4325 as section 4323 and transferring such section so as to appear after section 4321;
(D)
removed
in section 4323, as so redesignated, by striking “section 4324 of this title” and inserting “section 4322 of this title”; and
(E)
removed
by amending the table of sections at the beginning of such chapter to read as follows:
(2)
removed
Conforming amendments—
(A)
removed
Section 3041(a) of title 10, United States Code, is amended by striking “sections 4292(e) and 4321” and inserting “section 4292(e)”.
(B)
removed
Section 3221(b)(2) of title 10, United States Code, is amended by striking “4321, 4323, and 4328 of this title” and inserting “and 4321 of this title,”.
(C)
removed
Section 4211(c)(2)(D) of title 10, United States Code, is amended by striking “section 4324 of this title” and inserting “section 4322 of this title”.
(D)
removed
Section 4252(b)(14) of title 10, United States Code, is amended by striking “section 4324(b) of this title” and inserting “section 4322 of this title”.
(b)
removed
Life-Cycle management and product support— Chapter 323 of title 10, United States Code, as amended by subsection (a), is further amended by inserting after section 4321 the following new section:
removed
“4322. Life-cycle management and product support
removed
“(a) In general—The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan—
removed
“(1) that is approved by the senior acquisition executive responsible for such covered system; and
removed
“(2) that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
removed
“(b) Product support manager—The Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system.
removed
“(c) Life-Cycle sustainment plan
removed
“(1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
removed
“(A) A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system.
removed
“(B) A baseline life-cycle cost estimate for the covered system based on the planned product support strategy described in subparagraph (A).
removed
“(C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life-cycle planning and management.
removed
“(D) An intellectual property management plan for product support developed in accordance with section 3774 of this title.
removed
“(E) A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships—
removed
“(i) with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and
removed
“(ii) that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal.
removed
“(F) A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including—
removed
“(i) a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities;
removed
“(ii) an identification of the funding required to provide such products and services for any initial fielding location of the covered system;
removed
“(iii) an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services;
removed
“(iv) the timeline for delivery of such products and services; and
removed
“(v) an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv).
removed
“(2) In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following:
removed
“(A) Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system.
removed
“(B) Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title).
removed
“(C) Compliance with—
removed
“(i) requirements to maintain a core logistics capability under section 2464 of this title; and
removed
“(ii) limitations on the performance of depot-level maintenance of materiel under section 2466 of this title.
removed
“(D) A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system.
removed
“(d) Continuous assessment and active management—In carrying out the duties of this section and section 1733 of this title, the product support manager shall—
removed
“(1) continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and
removed
“(2) as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system.
removed
“(e) Recommendations
removed
“(1) The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a).
removed
“(2) The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations.
removed
“(f) Definitions—In this section:
removed
“(1) The term covered system means—
removed
“(A) a major defense acquisition program as defined in section 4201 of this title;
removed
“(B) a major subprogram as described in section 4203 of this title; or
removed
“(C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title.
removed
“(2) The term operational readiness means the capability of a unit of the Armed Forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed.
removed
“(3) The term product support means the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system.”
(c)
removed
Conforming amendments to materiel readiness metrics and objectives for major weapon systems— Section 118 of title 10, United States Code, is amended—
(1)
removed
in the section heading, by inserting “materiel readiness” before “objectives”;
(2)
removed
in subsection (b), by striking “shall address” and inserting “shall establish procedures and a computation methodology to determine”;
(3)
removed
in subsection (c)—
(A)
removed
in paragraph (1), by striking “the metrics required” and all that follows through the period at the end and inserting “materiel readiness objectives for each major weapon system.”; and
(B)
removed
in paragraph (2), by striking “the metrics required by subsection (b)” and inserting “such readiness objectives”;
(4)
removed
in subsection (d)(2), by striking “readiness goals or objectives” and inserting “materiel readiness objectives”;
(5)
removed
in subsection (e), in the matter preceding paragraph (1), by inserting a comma after “designated mission”; and
(6)
removed
in subsection (f)—
(A)
removed
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
(B)
removed
by inserting after paragraph (2) the following new paragraph:
removed
“(3) The term materiel readiness objective means the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a).”
Sec. 106
Navy Senior Technical Authority
removed
removed
Section 8669b of title 10, United States Code, is amended—
(1)
removed
in subsection (a)(2), by amending subparagraph (B) to read as follows:
removed
“(B) reports directly to the program executive officer.”
(2)
removed
in subsection (b)—
(A)
removed
by inserting “(1)” before “Each Senior”; and
(B)
removed
by adding at the end the following new paragraph:
removed
“(2) Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved.”
Sec. 111
Multiyear procurement authority for UH–60 Blackhawk aircraft
added
(a)
added
Authority for multiyear procurement— Subject to section 3501 of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of UH–60 Blackhawk aircraft.
(b)
added
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2027 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(c)
added
Authority for advance procurement— The Secretary of the Army may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such aircraft when cost savings are achievable.
Sec. 112
Authorization to initiate early production of future long-range assault aircraft
added
(a)
added
Authorization— The Secretary of the Army may enter into contracts, in advance of full-rate production, for the procurement of future long-range assault aircraft as part of an accelerated low-rate early production effort.
(b)
added
Objectives— In carrying out the early production effort described in subsection (a), the Secretary of the Army shall pursue the following objectives:
(1)
added
To expedite delivery of future long-range assault aircraft operational capability to the warfighter.
(2)
added
To maintain momentum and learning continuity between test article completion and full production ramp-up.
(3)
added
To stabilize and retain the specialized workforce and industrial base supporting future long-range assault aircraft, including critical suppliers and production facilities in Texas, Kansas, and other States.
(4)
added
To mitigate cost escalation risks and improve program affordability across the life cycle.
(c)
added
Considerations— In executing the authority provided by subsection (a), the Secretary shall—
(1)
added
prioritize program continuity, cost-efficiency, and workforce retention across the supply chain for tiltrotor aircraft;
(2)
added
ensure that aircraft procured as part of the early production effort described in subsection (a) incorporate lessons learned from test article evaluations; and
(3)
added
maintain flexibility in design to accommodate future upgrades through the modular open systems architecture and digital backbone.
(d)
added
Briefing to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing detailing—
(1)
added
the implementation plan and timeline for the procurement and early production effort described in subsection (a);
(2)
added
the status of industrial base readiness and supply chain coordination; and
(3)
added
estimated long-term cost savings and operational benefits derived from such early production effort.
Sec. 113
Limitation on reductions to Army Prepositioned Stocks—Afloat program sealift capability
added
(a)
added
Limitation— The Secretary of the Army may not reduce, withdraw, or otherwise degrade the sealift capability of the Army Prepositioned Stocks—Afloat program (referred to in this section as “APS–3”) until the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
(1)
added
a comprehensive plan for the Army Prepositioned Stocks program through fiscal year 2030, addressing modernization, sustainment, and capacity objectives for all subprograms and capabilities, including APS–3;
(2)
added
estimated costs, schedule projections, and risk assessments for executing the plan under paragraph (1);
(3)
added
a detailed description of any alternative solution or capability that the Army envisions would succeed or supplement APS–3, including operational employment concepts, an acquisition strategy, and a strategy for integration with joint and coalition logistics forces;
(4)
added
an assessment of the risks, costs, and benefits associated with a potential deactivation or reduction in APS–3 capabilities; and
(5)
added
any legislative or regulatory authorities required to implement—
(A)
added
the plan under paragraph (1); and
(B)
added
any alternative solution or capability identified under paragraph (3).
(b)
added
Definition— In this section, the term “sealift capability” means the vessels, associated equipment, and any port-of-embarkation and port-of-debarkation infrastructure dedicated to APS–3.
Sec. 121
Contract authority for Ford class aircraft carrier program
added
(a)
added
Contract authority— The Secretary of the Navy may enter into one or more contracts for the procurement of not more than two Ford class aircraft carriers.
(b)
added
Authority for advance procurement and economic order quantity— The Secretary of the Navy may enter into one or more contracts for advance procurement, advance construction, and material and equipment in economic order quantities associated with the procurement of the Ford class aircraft carriers for which contracts are authorized under subsection (a).
(c)
added
Use of incremental funding— With respect to a contract entered into under subsection (a) or (b), the Secretary of the Navy may use incremental funding to make payments under the contract.
(d)
added
Liability— Any contract entered into under subsection (a) or (b) shall provide that—
(1)
added
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
(2)
added
the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
Sec. 122
Contract authority for Columbia class submarine program
added
(a)
added
Contract authority— The Secretary of the Navy may enter into a contract, beginning with fiscal year 2026, for the procurement of up to five Columbia class submarines.
(b)
added
Incremental funding— With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
(c)
added
Funding and liability— Any contract entered into under subsection (a) shall provide that—
(1)
added
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
(2)
added
the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
Sec. 123
Authority for advance procurement of certain components to support continuous production of Virginia class submarines
added
(a)
added
In general— The Secretary of the Navy may enter into one or more contracts, prior to ship authorization, for the advance procurement of covered components for Virginia class submarines, including procurement of such components in economic order quantities when cost savings are achievable.
(b)
added
Funding and liability— Any contract entered into under subsection (a) shall provide that—
(1)
added
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
(2)
added
the total liability to the Federal Government for termination of the contract shall be limited to the total amount of funding obligated for the contract at the time of termination.
(c)
added
Budget requests— In the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2027 and each fiscal year thereafter, the Secretary of the Navy shall include a separate budget display identifying the amounts requested pursuant to this section set forth by the specific program, project, or activity under the Virginia class submarine program for which such funds are requested.
(d)
added
Covered components defined— In this section, the term “covered components” means the following components for Virginia class submarines:
(1)
added
Propulsion plant equipment.
(2)
added
Diesel Systems and associated components.
(3)
added
Castings, forgings, and tank structures.
(6)
added
Major Valves And Associated Components.
(8)
added
Steering and drive components.
(9)
added
Major Pumps And Motors.
(10)
added
Snorkel mast and components.
(11)
added
Torpedo tubes.
(12)
added
Atmosphere control equipment.
Sec. 124
Authority to use incremental funding to enter into a contract for the construction of a Guided Missile Destroyer (DDG)
added
(a)
added
In general— Amounts authorized to be appropriated by this Act or otherwise made available for the Navy for Shipbuilding and Conversion for fiscal year 2026 may be used by the Secretary of the Navy to enter into an incrementally funded contract for the construction of one Guided Missile Destroyer (DDG).
(b)
added
Availability of funds— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for the termination of the contract shall be limited to the total amount of funding obligated at time of termination.
Sec. 125
Multiyear procurement authority for Yard, Repair, Berthing, and Messing Barges
added
(a)
added
Authority for multiyear procurement— Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2026 program year, for the procurement of Yard, Repair, Berthing, and Messing Barges and associated material.
(b)
added
Authority for advance procurement— The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the barges for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such barges when cost savings are achievable.
(b)
added
Availability of funds and termination liability— Any contract entered into under subsection (a) shall provide that—
(1)
added
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
(2)
added
the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.
Sec. 126
Vessel construction manager for follow-on ships of the Landing Ship Medium program
added
(a)
added
In general— After the construction of the lead ship of the Landing Ship Medium program has commenced, the Secretary of the Navy shall seek to enter into an agreement with an appropriate vessel construction manager pursuant to which the vessel construction manager shall seek to enter into one or more contracts for the construction of not more than 8 additional landing ships under the program.
(b)
added
Requirements for additional ships— The additional landing ships authorized to be constructed under subsection (a), shall be nondevelopmental items constructed using a design that is—
(1)
added
the same as the design of the lead ship; or
(2)
added
derived from such design.
(c)
added
Lead ship defined— In this section, the term “lead ship” means the first landing ship procured as a commercial or nondevelopmental item as authorized under section 128(b) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
Sec. 127
Limitation on construction of Modular Attack Surface Craft
added
added
The Secretary of the Navy may not enter into a contract or other agreement that includes a scope of work, including priced or unpriced options, for the construction, advance procurement, or long-lead material of the lead ship of the Modular Attack Surface Craft program until the Secretary certifies to the congressional defense committees that such ship will be designed and constructed for the primary purpose of operating autonomously.
Sec. 128
Inclusion of amphibious warfare ship spares and repair parts as a separate line item in Navy budget justification materials
added
(a)
added
In general— In the budget justification materials submitted to Congress in support of the Department of the Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of the Navy shall include one or more dedicated line items for spare parts and repair parts for amphibious warfare ships in the budget display for other procurement, Navy.
(b)
added
Amphibious warfare ship defined— In this section, the term “amphibious warfare ship” has the meaning given that term in section 8062(h) of title 10, United States Code.
Sec. 129
Strategy for Navy investment in and support for the maritime industrial base
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement a strategy for investing in and supporting the maritime industrial base to address cost and schedule challenges for surface and submarine shipbuilding programs.
(b)
added
Elements— The strategy under subsection (a) shall—
(1)
added
focus on ensuring reliable supplies of sequence critical components for submarine and surface shipbuilding programs; and
(2)
added
include measures—
(A)
added
to identify key performance indicators to measure return on investment;
(B)
added
to centralize data collection to support further analysis of maritime industrial base performance; and
(C)
added
to apply artificial intelligence to monitor and predict potential supply chain challenges, including potential disruptions, material shortages, delivery delays, and other such factors.
(c)
added
Report— Following completion of the strategy required under subsection (a), but not later than 210 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the strategy. The report shall include—
(1)
added
a summary of the strategy;
(2)
added
timelines for implementation of the strategy; and
(3)
added
an explanation of how the strategy is expected to address cost and schedule challenges for surface and submarine shipbuilding programs.
Sec. 130
Modification to requirements for recapitalization of tactical fighter aircraft of the Navy Reserve
added
added
Section 127 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking subsection (c) and inserting the following:
added
“(c) Covered F–18 aircraft defined—In this section, the term “covered F–18 aircraft” means—
added
“(1) the eight F/A–18E/F Super Hornet aircraft procured using funds authorized and appropriated for the Navy during fiscal year 2023; or
added
“(2) in lieu of an aircraft described in paragraph (1), any Block II or newer F/A–18E/F tactical fighter aircraft that—
added
“(A) has a minimum of 2,000 flight hours of service-life remaining airframe flight time prior to the need for a required high flight-hour inspection and Service Life Modification process; and
added
“(B) is included in the Naval Aviation Master Aviation Plan and designated for the Navy Reserve.
added
“(d) Master aviation plan—In conjunction with the activities required under this section, the Secretary of the Navy shall ensure that the Naval Aviation Master Aviation Plan remains up-to-date and relevant with respect to aviation units of the Navy Reserve.”
Sec. 141
Modification of minimum inventory requirements for air refueling tanker aircraft
added
(a)
added
Minimum inventory requirement— Section 9062(j) of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “a total aircraft inventory of air refueling tanker aircraft of not less than 466 aircraft” and inserting
added
“(A) of not less than 466 aircraft during the period ending on September 30, 2026;
added
“(B) of not less than 485 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; and
added
“(C) of not less than 504 aircraft beginning on October 1, 2027.”
(2)
added
in paragraph (2), by striking “below 466” and inserting “below the applicable level specified in paragraph (1)”.
(b)
added
Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components—
(1)
added
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
(2)
added
Primary mission aircraft inventory defined— In this subsection, the term “primary mission aircraft inventory” has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
Sec. 142
Extension of requirements relating to C–130 aircraft
added
(a)
added
Extension of minimum inventory requirement— Section 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by section 145(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking “2025” and inserting “2026”.
(b)
added
Extension of prohibition on reduction of C-130 aircraft assigned to National Guard— Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by section 145(b) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking “2025” and inserting “2026”.
Sec. 143
Modification to minimum inventory requirement for A–10 aircraft
added
(a)
added
In general— Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038) is amended by striking “96 A–10 aircraft designated as primary mission aircraft inventory until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2)” and inserting “96 A–10 aircraft designated as primary mission aircraft inventory until October 1, 2026”.
(b)
added
Prohibition on retirement—
(1)
added
In general— During the period beginning on October 1, 2025 and ending on September 30, 2026, the Secretary of the Air Force may not—
(A)
added
retire an A–10 aircraft;
(B)
added
reduce funding for unit personnel or weapon system sustainment activities for A–10 aircraft in a manner that presumes future congressional authority to divest such aircraft;
(C)
added
keep an A–10 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or
(D)
added
decrease the total aircraft inventory of A–10 aircraft below 162 aircraft.
(2)
added
Exception— The prohibition under paragraph (1) shall not apply to individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.
(c)
added
Briefing required— Not later than March 31, 2026, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of A–10 aircraft inventory and the proposed plan for divesting all A–10 aircraft prior to fiscal year 2029. The briefing shall cover, at a minimum, the following:
(1)
added
The number of A–10 Total Aircraft Inventory aircraft disaggregated by Combat Coded Aircraft, Primary Mission Aircraft Inventory, Backup Aircraft Assigned, Attrition Reserve, tail number, and location.
(2)
added
The planned divestment date of each such aircraft.
(3)
added
The detailed plan for how and when the Secretary proposes to proceed with divestment of aircraft for each A–10 unit prior to fiscal year 2029.
(4)
added
The aircraft transition plan for replacing A–10 aircraft with new or existing replacement aircraft in each unit that is divesting of the A–10 aircraft, which shall include an explanation of—
(A)
added
how the Secretary plans to minimize adverse personnel impacts within such units, including adverse impacts with respect to retention, currency, proficiency, qualifications, certifications, and training; and
(B)
added
how the Secretary plans to minimize or eliminate any scheduling gap that may occur with respect to a unit divesting from the A–10 aircraft and transitioning to a new or existing replacement aircraft.
(5)
added
The information and content format that was provided in the briefing to the Committees on Armed Services of the Senate and the House of Representatives by the Headquarters Air Force, Deputy Chief of Staff for Plans and Programs (HAF/A8), on February 13, 2023, titled “A–10 Divestment Placemats”.
(6)
added
Any other information the Secretary determines releveant.
Sec. 144
Preservation of certain retired KC–10 aircraft
added
(a)
added
In general— Subject to subsections (b) and (c), the Secretary of the Air Force shall preserve each KC–10 aircraft that is retired by the Secretary during a period in which the total inventory of air refueling aircraft of the Air Force is less than 504.
(b)
added
Manner of preservation— The retired KC–10 aircraft preserved under subsection (a) shall be preserved such that each aircraft—
(1)
added
is stored in flyable condition;
(2)
added
can be returned to service as an air refueling aircraft (which shall include retaining the air refueling boom on the aircraft); and
(3)
added
is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.
(c)
added
Authority to dispose of preserved aircraft— A KC–10 aircraft preserved under subsection (a) may be disposed of in accordance with chapter 5 of title 40, United States Code.
Sec. 145
Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
(1)
added
to terminate the mid-tier acquisition rapid prototype contract for the E–7A aircraft; or
(2)
added
to terminate the operations of, or to prepare to terminate the operations of, a production line for the E–7A aircraft.
Sec. 146
Limitation on procurement of KC–46 aircraft pending certification on correction of deficiencies
added
(a)
added
Limitation— The Secretary of Defense may not accept or take delivery of covered KC–46 aircraft in excess of the maximum quantity specified in subsection (c) until the Secretary—
(1)
added
certifies to the congressional defense committees that the Secretary has developed and is implementing a plan of corrective actions and milestones to resolve all Category 1 deficiencies identified with respect to KC–46 aircraft; and
(2)
added
submits such plan to such committees, which shall include—
(A)
added
an estimate of the total amount of funds required to complete implementation of the plan;
(B)
added
realistic event-driven schedules to achieve the objectives of the plan; and
(C)
added
a schedule risk assessment to a minimum of 80 percent confidence level.
(b)
added
Form— The plan described in subsection (a)(2) shall be submitted in unclassified form, but may contain a classified annex.
(c)
added
Maximum Quantity— The maximum quantity of covered KC–46 aircraft specified in this subsection is 183 aircraft.
(d)
added
Covered KC–46 Aircraft Defined— In this section, the term “covered KC–46 aircraft” means new production KC–46 aircraft the procurement of which is fully funded by the United States.
Sec. 147
Requirements relating to executive airlift aircraft
added
(a)
added
Analysis of alternatives—
(1)
added
In general— The Secretary of the Air Force shall conduct an analysis of alternatives to identify potential solutions for the recapitalization of the executive airlift aircraft fleet of the Air Force. In conducting such analysis, the Secretary shall seek to identify aircraft solutions that have capabilities comparable to the capabilities of commercial passenger aircraft in terms of range.
(2)
added
Timeline— The Secretary of the Air Force shall—
(A)
added
initiate the analysis of alternatives required under paragraph (1) not later than 30 days after the date of the enactment of this Act; and
(B)
added
complete such analysis not later than April 1, 2026.
(3)
added
Report— Not later than 60 days after completing the analysis of alternatives required under paragraph (1), the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the analysis.
(b)
added
Prioritization standards— Not later than December 1, 2025, the Secretary of the Air Force shall establish standards for prioritizing access to executive airlift aircraft among authorized users of such aircraft within the Federal Government.
(1)
added
In general— Not later than January 1, 2026, the Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5, United States Code) in the Senior Executive Service at the Department of Defense to coordinate—
(A)
added
the efficient tasking of executive airlift aircraft; and
(B)
added
compliance with rules, regulations, policies and guidance relating to such aircraft, including the prioritization standards developed under subsection (b).
(2)
added
Qualifications— The career appointee assigned under paragraph (1) shall, as determined by the Secretary, have knowledge and experience relating to executive airlift aircraft, including familiarity with the executive airlift fleets of the Armed Forces and knowledge of policies and procedures for the prioritization of executive airlift users.
Sec. 148
Report on the F–47 advanced fighter aircraft program
added
(a)
added
In general— Not later than March 1, 2027, the Secretary of the Air Force shall submit to the congressional defense committees a report on the F–47 advanced fighter aircraft program.
(b)
added
Elements— The report required under subsection (a) shall include following:
(1)
added
A description of the F–47 aircraft program, including system requirements, employment concepts, and projected costs, schedule, and funding requirements over the period covered by the program objective memorandum process for fiscal years 2028 through 2034.
(2)
added
The acquisition strategy for the F–47 program of record, including consideration of implementing a middle tier acquisition pathway or major capability acquisition pathway (as such terms are defined in Department of Defense Instruction 5000.85, titled “Major Capability Acquisition” and issued on August 6, 2020 (or a successor instruction)).
(3)
added
A proposed fielding strategy for the F–47 aircraft, including—
(A)
added
estimated force structure requirements;
(B)
added
strategic basing considerations;
(C)
added
an estimate of military construction requirements;
(D)
added
an estimate of personnel training requirements; and
(E)
added
an integrated total force fielding concept, including an analysis of Air National Guard and Air Force Reserve operational integration and associations.
(c)
added
Form— The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Sec. 151
Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging
added
added
Section 164(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended to read as follows:
added
“(a) Prohibitions—The Secretary of Defense may not—
added
“(1) operate, enter into or renew a contract for, the procurement of—
added
“(A) a covered light detection and ranging technology (referred to in this section as “LiDAR technology”) that—
added
“(i) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
added
“(ii) uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
added
“(iii) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
added
“(B) a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in subparagraph (A); or
added
“(2) enter into or renew a contract with an entity that operates a covered LiDAR technology to perform a Department of Defense contract.”
Sec. 152
Annual GAO reviews of the F–35 aircraft program
added
(a)
added
Annual reviews and reports— Not later than March 1, 2026, and on an annual basis thereafter until the termination date specified in subsection (c), the Comptroller General of the United States shall—
(1)
added
complete a review of the F–35 aircraft program; and
(2)
added
submit to the congressional defense committees a report on the results of the review.
(b)
added
Elements— Each review and report under subsection (a) shall include an assessment of—
(1)
added
the cost, scope, and schedule of the F–35 aircraft program and its subprograms;
(2)
added
the status of the efforts of the Department of Defense to modernize the F–35 aircraft; and
(3)
added
such other matters relating to the F–35 aircraft program as the Comptroller General determines appropriate.
(c)
added
Termination date— The requirements of this section shall terminate on the date on which all development, production, and fielding activities under the F–35 aircraft acquisition program have ceased.
Sec. 201
Authorization of appropriations
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
(a)
removed
Implementation— Not later than 30 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs shall revise policies for the Joint Strategic Planning System (established under the Chairman of the Joint Chiefs of Staff Instruction 3100.01F), the Manual for the Operation of the Joint Capabilities Integration and Development System (issued October 30, 2021) and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
(b)
removed
Amendment to name and mission of Joint Requirements Oversight Council— Section 181 of title 10, United States Code, is amended—
(1)
removed
in the section heading, by striking “Oversight”;
(2)
removed
in subsection (a), by striking “Joint Requirements Oversight Council in the Department of Defense.” and inserting the following:
removed
“(1) assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and
removed
“(2) provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as “RAPID”).”
(3)
removed
by striking “Joint Requirements Oversight Council” each place it appears and inserting “Joint Requirements Council”.
(c)
removed
Duties— Subsection (b) of such section 181 is amended to read as follows:
removed
“(b) Duties—The Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties:
removed
“(1) Continuously evaluating global trends, adversary capabilities, and emerging threats to inform awareness and understanding of joint operational problems.
removed
“(2) In coordination with commanders of combatant commands, compiling, refining, and prioritizing joint operational problems.
removed
“(3) Identifying and prioritizing gaps in joint military capabilities to address joint operational problems.
removed
“(4) Identifying advances in technology and innovative concepts of operation that could improve the ability of the joint force to address evolving threats and maintain the military advantage of the United States.
removed
“(5) Developing a joint capability requirement statement that—
removed
“(A) describes the joint operational problem to provide necessary context for the joint capability requirement; and
removed
“(B) describes the solution sought in a nonprescriptive manner to allow agile and innovative development of joint capability requirements to address the joint operational problem.
removed
“(6) Making the following recommendations to RAPID:
removed
“(A) With respect to a quick action requirement, actions to fulfill such quick action requirement, not later than 30 days after receipt or identification of such quick action requirement.
removed
“(B) Actions to fulfill each joint capability requirement necessary to address joint operational problems, not later than 60 days after receipt or identification of such a joint operational problem.
removed
“(C) Modifications to joint force design suitable for addressing joint operational problems or effectively integrating advancements in technology and new concepts of operation.
removed
“(D) Ways to improve operational effectiveness, increase operational flexibility, or improve interoperability and coordination between and among joint military capabilities and the military capabilities of allies or partners.
removed
“(7) Providing notification to Deputy Secretary of Defense—
removed
“(A) upon receipt or identification of a quick action requirement; and
removed
“(B) upon submission of any recommendation to RAPID.”
(d)
removed
Composition— Subsection (c) of such section 181 is amended—
(1)
removed
in paragraph (1)(A)—
(A)
removed
by inserting “and RAPID” before “for making recommendations”; and
(B)
removed
by striking “joint performance requirements” and inserting “joint capability requirements”; and
(2)
removed
in paragraph (3), by inserting “and RAPID” after “Chairman of the Joint Chiefs of Staff”.
(e)
removed
Advisors— Subsection (d) of such section 181 is amended—
(1)
removed
in paragraph (2)—
(A)
removed
by inserting “strongly” before “consider”; and
(B)
removed
by striking “its mission under paragraphs (1) and (2) of subsection (b)” and inserting “the duties described in subsection (b)”; and
(2)
removed
in paragraph (3)—
(A)
removed
by striking “seek, and strongly consider,” and inserting “seek and consider”;
(B)
removed
by striking “, in their roles as customers of the acquisition system,”; and
(C)
removed
by striking “under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3)”.
(f)
removed
Responsibility for Capability Requirements— Subsection (e) of such section 181 is amended to read as follows:
removed
“(e) Responsibility for Capability Requirements—The Chief of Staff of an armed force is responsible for the capability requirements for that armed force.”
(g)
removed
Analytic and Engineering Support— Subsection (f) of such section 181 is amended—
(1)
removed
in the subsection heading, by inserting “and engineering” after “Analytic”;
(2)
removed
by inserting “and the Mission Engineering and Integration Activity established under section 203 of the SPEED Act” after “the Office of Cost Assessment and Program Evaluation”; and
(3)
removed
by striking “in operations research, systems analysis, and cost estimation to the Joint Requirements Oversight Council”.
(h)
removed
Availability of Information to Congressional Defense Committees— Subsection (g) of such section 181 is amended—
(1)
removed
in the subsection heading, by striking “oversight”; and
(2)
removed
by striking “oversight information” and inserting “information”.
(i)
removed
Definitions— Subsection (h) of such section 181 is amended to read as follows:
removed
“(h) Definitions—In this section:
removed
“(1) The term capability requirement means a requirement for a capability that is critical or essential to address an operational problem.
removed
“(2) The term joint capability requirement means a capability requirement, including a capability requirement related to a requirement for joint force interoperability, that is critical or essential to address a specific joint operational problem.
removed
“(3) The term joint military capabilities means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations.
removed
“(4) The term joint operational problem means a joint challenge faced by a combatant command in achieving an assigned military objective and may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, among joint military capabilities, or with the military capabilities of allies or partners.
removed
“(5) The term operational problem means a challenge or barrier in an operational environment that needs to be overcome to achieve a specific military objective.
removed
“(6) The term quick action requirement has the meaning given in Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012).”
(j)
removed
Conforming amendments—
(1)
removed
Title 10, United States Code— Title 10, United States Code, is amended—
(A)
removed
in section 139a, by striking “Joint Requirements Oversight Council” each place it appears and inserting “Joint Requirements Council”;
(B)
removed
in section 153(a)(5)(F), by striking “section 181 of this title” and inserting “sections 181 and 186 of this title”;
(C)
removed
in section 179(c)(9)—
(i)
removed
by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”; and
(ii)
removed
by striking “section 181(h)” and inserting “section 181”;
(D)
removed
in section 2926(f)(5)(C), by striking “describing” and all that follows through “details regarding” and inserting “describing details regarding”;
(E)
removed
in section 3067(b)(1), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”;
(F)
removed
in section 3136(e)(1)(A)(ii), by striking “approved by the Joint Requirements Oversight Council and” and inserting “recommended for approval by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title)”;
(G)
removed
in section 4202(a)(2)(A), by striking “joint military requirement” and all that follows through the period at the end and inserting the following: “joint capability requirement, as determined by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title)”;
(H)
removed
by amending section 4251(e)(1) to read as follows:
removed
“(1) The term requirements document has the meaning given in section 3104(d) of this title.”
(I)
removed
in section 4252(b)(9), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”;
(J)
removed
in section 4376—
(i)
removed
in subsection (a), by striking “, after consultation with the Joint Requirements Oversight Council regarding program requirements,”;
(ii)
removed
in subsection (b)(2)(B), by striking “joint military requirement (as defined in section 181(g)(1) of this title) at less cost” and inserting “joint capability requirement (as defined in section 181 of this title) at less cost”; and
(iii)
removed
in subsection (c)(3), by striking “joint military requirements” and inserting “joint capability requirements”; and
(K)
removed
in section 5514(b)(2)(C)(ii), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(A)
removed
Section 902(d) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 139a note) is amended—
(i)
removed
by striking “, performance requirements, and joint performance requirements” and inserting “or performance requirements”; and
(ii)
removed
by striking “Joint Requirements Oversight Council to validate such requirements” and inserting “Joint Requirements Council”.
(B)
removed
Section 1684(d)(4)(A)(i) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2271 note) is amended by striking “either approved by, or in development for, the Joint Requirements Oversight Council” and inserting “in development for consideration or under consideration by the Joint Requirements Council”.
(C)
removed
Section 1686(b)(1) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2224 note) is amended by striking “through the Joint Requirements Oversight Council” and inserting “in consultation with the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of title 10, United States Code)”.
(D)
removed
Section 1510(b)(2) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 113 note) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(E)
removed
Section 915(a)(1) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 132 note) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(F)
removed
Section 938(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 4571 note prec.) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(3)
removed
Repeals— The following provisions of law are repealed:
(A)
removed
Section 942 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 181 note).
(B)
removed
Section 916 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 181 note).
(C)
removed
Section 105(b) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 181 note).
(D)
removed
Section 201 of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 3102 note).
Sec. 202
Establishment of the Requirements, Acquisition, and Programming Integration Directorate
removed
(a)
removed
In general— Chapter 7 of title 10, United States Code, is amended by inserting after section 185 the following new section:
removed
“186. Requirements, Acquisition, and Programming Integration Directorate
removed
“(a) Establishment—There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as “RAPID”).
removed
“(b) Purposes—RAPID shall—
removed
“(1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems;
removed
“(2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and
removed
“(3) act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters.
removed
“(c) Organization and membership—RAPID shall consist of the following members:
removed
“(1) The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID.
removed
“(2) One member designated by each commander of a combatant command.
removed
“(3) One member designated by the Chairman of the Joint Requirements Council.
removed
“(4) One member designated by the Director of Cost Assessment and Program Evaluation.
removed
“(5) One member designated by each service acquisition executive of a military department.
removed
“(6) One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 203 of the SPEED Act).
removed
“(7) One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012)).
removed
“(8) One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID.
removed
“(d) Responsibilities
removed
“(1) RAPID shall—
removed
“(A) promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—
removed
“(i) associated resource requirements;
removed
“(ii) mission engineering and interoperability considerations for integration into joint architectures; and
removed
“(iii) factors related to acquisition and sustainment; and
removed
“(B) provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense.
removed
“(2) In carrying out paragraph (1), RAPID shall—
removed
“(A) use data-driven decisionmaking to prioritize resource allocation;
removed
“(B) maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made;
removed
“(C) enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and
removed
“(D) in addition to any other considerations required under this subsection, consider—
removed
“(i) joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council;
removed
“(ii) any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i);
removed
“(iii) recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and
removed
“(iv) the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration.
removed
“(e) Recommendation
removed
“(1) Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:
removed
“(A) A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution.
removed
“(B) Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem.
removed
“(C) With respect to a solution for which access may be shared with an ally or partner country, recommended considerations—
removed
“(i) to be incorporated during the design and development phase of the solution; and
removed
“(ii) to facilitate future production and logistics support for the solution to the ally or partner country.
removed
“(D) Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability.
removed
“(E) Any other recommended actions to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
removed
“(2) The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection.
removed
“(f) Determination
removed
“(1) Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation.
removed
“(2) The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies.
removed
“(3) The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction—
removed
“(A) for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or
removed
“(B) to RAPID for further action to address the relevant joint operational problem.
removed
“(g) Notification—If the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure.
removed
“(h) Definitions—In this section:
removed
“(1) The terms joint capability requirement, joint military capability, joint operational problem, and quick action requirement have the meanings given, respectively, in section 181 of this title.
removed
“(2) The term relevant member means a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID.”
(b)
removed
Conforming amendments to Director of Cost Assessment and Program Evaluation— Section 139a(d) of title 10, United States Code, is amended—
(1)
removed
by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
(2)
removed
by inserting after paragraph (3) the following new paragraph:
removed
“(4) Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title.”
Sec. 203
Establishment of the Mission Engineering and Integration Activity
removed
(a)
removed
Establishment— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a Mission Engineering and Integration Activity (in this section referred to as “MEIA”).
(b)
removed
Designation— The Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for MEIA.
(c)
removed
Duties— The principal staff assistant designated under subsection (b) shall have the following duties:
(1)
removed
Lead cross-service activities to develop, identify, analyze, and validate integrated technology solutions to address joint operational problems.
(2)
removed
Coordinate with the appropriate program executive officers to align and implement such activities.
(3)
removed
Proactively seek and consider feedback of the primary users and operators of proposed technology solutions to address joint operational problems throughout the implementation of such activities.
(4)
removed
Upon request, perform analysis for, experiment with, and prototype technology to integrate such technology into joint architectures, to use such technology, to inform operational concepts, and to provide analysis or recommendations regarding the use of such technology to the Requirements, Acquisition, and Programming Integration Directorate, established by section 186 of title 10, United Stated Code (in this section referred to as “RAPID”).
(5)
removed
Coordinate with commanders of the combatant commands to understand the priorities of commanders and support the fielding of integrated technology solutions to address joint operational problems.
(6)
removed
Upon request, assist a program executive officer in carrying out the responsibilities established under section 1732 of title 10, United States Code (as added by section 102 of this Act), by providing analysis, recommendations, and engineering assistance in the integration of technology solutions related to the capabilities for which the program executive officer is responsible.
(7)
removed
Use existing authorities (including authorities provided in section 4022 of title 10, United States Code) to carry out this section.
(d)
removed
Implementation plan—
(1)
removed
Plan— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an implementation plan for MEIA.
(2)
removed
Elements— The plan required by paragraph (1) shall include a description of the following:
(A)
removed
The organizational structure and resource requirements associated with the establishment and operation of MEIA.
(B)
removed
How MEIA will support and inform the RAPID in carrying out the requirements of section 186 of title 10, United States Code.
(C)
removed
Each budget line item or program element that will be associated with the activities of MEIA.
(D)
removed
Coordination between MEIA and relevant elements of the Department of Defense that are established to identify and support the development of, experimentation with, and integration of technology solutions to address joint operational problems for the Department, including—
(i)
removed
the Defense Innovation Unit established under section 4217 of the title 10, United States Code;
(ii)
removed
the Defense Research and Development Rapid Innovation Program established under section 4061 of such title;
(iii)
removed
a entity of the Department of Defense that is a member of the Defense Innovation Community of Entities established by the Director of the Defense Innovation Unit;
(iv)
removed
the Strategic Capabilities Office; and
(v)
removed
recipients of awards under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined in section 9 of the Small Business Act (15 U.S.C. 638)).
(E)
removed
How MEIA will coordinate with and assist—
(i)
removed
the commanders of combatant commands in fielding integrated technology solutions to address joint operational problems under subsection (c)(5); and
(ii)
removed
the program executive officers and each Secretary of a military department in the integration of technology to enhance military effectiveness and responsiveness.
(F)
removed
Any recommendations for changes to statute or policy for successful implementation of this section.
(e)
removed
Assessment— Not later than five years after the date of the establishment of MEIA, the Secretary of Defense shall submit to the congressional defense committees an assessment of whether MEIA should be modified, made permanent, or terminated based on its effectiveness in carrying out the requirements of this section.
(f)
removed
Joint operational problem defined— In this section, the term joint operational problem has the meaning given in section 181 of title 10, United States Code.
Sec. 211
Modification to authority to award prizes for advanced technology achievements
added
(a)
added
Secretarial authority— Subsection (a) of section 4025 of title 10, United States Code, is amended by striking “, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department,”.
(b)
added
Maximum amount of award prizes— Subsection (c) of such section is amended to read as follows:
added
“(c) Limitation—No prize competition may result in the award of a prize with a fair market value of more than $20,000,000 without the approval of the Secretary of Defense.”
(c)
added
Congressional notification threshold— Subsection (g)(1) of such section is amended by striking “$10,000,000” and inserting “the amount specified in subsection (c)”.
Sec. 212
Modification to mechanisms to provide funds to defense laboratories and other entities for research and development of technologies for military missions
added
added
Section 4123 of title 10, United States Code, is amended—
(1)
added
in the section heading, by inserting “and test organizations” after “defense laboratories”;
(2)
added
by inserting “or test organization” after “laboratory” each place it appears; and
(3)
added
in subsection (a)(3), by inserting “or test organizations” after “laboratories”.
Sec. 213
Modification to authority for acquisition, construction, or furnishing of test facilities and equipment
added
(a)
added
Jointly funded projects— Section 4174 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by striking “A contract of a military department” and inserting “A covered contract”; and
(2)
added
by adding at the end the following new subsections:
added
“(d)
added
“(1) In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.
added
“(2) Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following:
added
“(A) Cost sharing arrangements, including the proportion of total project costs to be borne by each entity.
added
“(B) Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands.
added
“(C) Management and oversight responsibilities, including the designation of a lead agency.
added
“(D) Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions.
added
“(E) Dispute resolution mechanisms.
added
“(3) A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations.
added
“(4) The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects.
added
“(e) In this section, the term “covered contract” means—
added
“(1) a contract of a military department; or
added
“(2) a contract for a jointly funded project as described subsection (c).”
(b)
added
Regulations required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue or revise regulations (as necessary) to clarify that the authority for acquisition, construction, or furnishing of test facilities and equipment under section 4174 of title 10, United States Code, applies to contracts funded using funds appropriated or otherwise made available for—
(1)
added
research, development, test, and evaluation, including science and technology funds designated as budget activity 1 (basic research), budget activity 2 (applied research), and budget activity 3 (advanced technology development) (as those budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14–R)); and
(2)
added
operation and maintenance, to the extent that such funds are used to support activities authorized under such section.
Sec. 214
Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions
added
added
Section 238(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1842) is amended by inserting “or fiscal year 2026” after “fiscal year 2025”.
Sec. 215
Modification to policies for management and certification of Link 16 military tactical data link network
added
added
Section 228(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) is amended—
(1)
added
in paragraph (1)(A), by striking “the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complex” and inserting “military special use airspace including all prohibited areas, restricted areas, warning areas, and military operational areas”;
(2)
added
in paragraph (2), in the matter before subparagraph (A), by striking “training, and large-scale exercises.” and inserting “regular training, and large-scale exercises. Under such processes, approval of Link 16 operations shall be presumed and denial of Link 16 operations shall be accompanied with substantiated evidence demonstrating compromise of safety due to electromagnetic interference.”; and
(3)
added
in paragraph (5), by inserting “regular” before “training”.
Sec. 216
Support for research and development of bioindustrial manufacturing processes
added
added
Section 215 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4841 note) is amended—
(1)
added
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
(2)
added
by inserting after subsection (c) the following new subsection:
added
“(d) Applicability of funding—The activities described in subsection (c), including the design and construction of facilities, are applicable to funds authorized to be appropriated for the Department of Defense for research, development, test, and evaluation.”
Sec. 217
Extension of authority for assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise
added
(a)
added
Extension— Subsection (e) of section 232 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. note prec. 4091) is amended by striking “September 30, 2025” and inserting “September 30, 2030”.
(b)
added
Technical amendment— Subsection (f)(2) of such section is amended by striking “section 2302” and inserting “section 3014”.
Sec. 218
Post-employment restrictions for participants in certain defense research
added
(a)
added
Principal investigators in covered defense research projects— Except as provided under subsection (c), as a condition of becoming or remaining a principal investigator of a covered defense research project, a person shall agree that during the 3-year period beginning on the last day the person is a principal investigator of such research, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits.
(b)
added
Employees of Department of Defense laboratories— Except as provided under subsection (c), as a condition of becoming or remaining an employee at a laboratory of the Department of Defense, a person shall agree that during the 3-year period beginning on the last day the person is an employee at such laboratory, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits.
(c)
added
Waiver authority— The Secretary of Defense may waive the restrictions under subsections (a) and (b) with respect to a United States person if, not later than 30 days before issuing the waiver, the Secretary submits to the congressional defense committees a notice of the waiver that includes—
(1)
added
an unclassified justification for the waiver; and
(2)
added
a description of any Department of Defense funds provided to the person for which the waiver is issued or to the research in which the person participated.
(d)
added
Certification— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process, under the initiative established in section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note), to ensure that, when a person who previously made an agreement in subsection (a) or (b) applies for funding to conduct a covered defense research project in the future—
(1)
added
the employer of such person can certify that the person complied with the requirements in subsections (a) and (b); and
(2)
added
that a person whose employer cannot make the certification in paragraph (1) is ineligible to participate in the covered defense research project.
(e)
added
Determination of critical and emerging technology— Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall—
(1)
added
determine which technologies are critical or emerging from among the technologies for which the Department funds research; and
(2)
added
shall make the results of such determination publicly available.
(f)
added
Applicability— This section shall apply with respect to research that begins on or after the date that is one year after the date of the enactment of this Act.
(g)
added
Definitions— In this section:
(1)
added
The term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)) and includes a foreign entity that is identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note).
(2)
added
The term covered defense research project means a research project that—
(A)
added
is operated by an institution of higher education or a subsidiary of an institution of higher education;
(B)
added
is funded, in whole or in part, by the Department of Defense; and
(C)
added
involves a critical or emerging technology.
(3)
added
The term critical or emerging technology means a technology that the Secretary determines to be critical or emerging in accordance with subsection (e).
(4)
added
The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Sec. 219
National Security and Defense Artificial Intelligence Institute
added
(a)
added
In general— The Secretary of Defense may establish at least one National Security and Defense Artificial Intelligence Institute (referred to in this section as an “Institute”) at an eligible host institution.
(b)
added
Institute described— A National Security and Defense Artificial Intelligence Institute referred to in subsection (a) is an artificial intelligence research institute that—
(1)
added
is focused on a cross-cutting challenge or foundational science for artificial intelligence systems in the national security and defense sector;
(2)
added
establishes partnerships among public and private organizations, including, as appropriate, Federal agencies, institutions of higher education, including community colleges, nonprofit research organizations, Federal laboratories, State, local, and Tribal governments, and industry, including the Defense Industrial Base and startup companies;
(3)
added
has the potential to create an innovation ecosystem, or enhance existing ecosystems, to translate Institute research into applications and products used to enhance national security and defense capabilities;
(4)
added
supports interdisciplinary research and development across multiple institutions of higher education and organizations; and
(5)
added
supports workforce development in artificial intelligence related disciplines in the United States.
(c)
added
Financial assistance authorized—
(1)
added
In general— The Secretary of Defense may award financial assistance to an eligible host institution, or consortia thereof, to establish and support one or more Institutes.
(2)
added
Use of funds— Financial assistance awarded under paragraph (1) may be used by an Institute for—
(A)
added
managing and making available to researchers accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for the purposes of training and testing artificial intelligence systems and for research using artificial intelligence systems with regard to national security and defense;
(B)
added
developing and managing testbeds for artificial intelligence systems, including sector-specific test beds, designed to enable users to evaluate artificial intelligence systems prior to deployment;
(C)
added
conducting research and education activities involving artificial intelligence systems to solve challenges with national security implications;
(D)
added
providing or brokering access to computing resources, networking, and data facilities for artificial intelligence research and development relevant to the Institute’s research goals;
(E)
added
providing technical assistance to users, including software engineering support, for artificial intelligence research and development relevant to the Institute’s research goals;
(F)
added
engaging in outreach and engagement to broaden participation in artificial intelligence research and the artificial intelligence workforce; and
(G)
added
such other activities as may determined by the Secretary of Defense.
(3)
added
Duration— Financial assistance under paragraph (1) shall be awarded for a five-year period, and may be renewed for not more than one additional five-year period.
(4)
added
Application for financial assistance— A eligible host institution or consortia thereof seeking financial assistance under paragraph (1) shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require.
(5)
added
Competitive, merit review— In awarding financial assistance under paragraph (1), the Secretary of Defense shall use a competitive, merit-based review process.
(6)
added
Collaboration— In awarding financial assistance under paragraph (1), the Secretary of Defense may collaborate other departments and agencies of the Federal Government with missions that relate to or have the potential to be affected by the national security implications of artificial intelligence systems.
(7)
added
Limitation— No financial assistance authorized in this section shall be awarded to an entity outside of the United States. All recipients of financial assistance under this section, including subgrantees, shall be based in the United States and shall meet such other eligibility criteria as may be established by the Secretary of Defense.
(d)
added
Definition— In this section, the term “eligible host institution” means an institution of higher education in the United States that conducts research sponsored by the Department of Defense.
Sec. 220
Responsible development and deployment of biotechnology within the Department of Defense
added
(1)
added
Policies and guidelines— The Secretary of Defense shall issue policies and guidelines on the responsible development and deployment of biotechnology within the Department of Defense.
(2)
added
Executive agent— The Secretary shall designate a senior civilian official within the Office of the Secretary of Defense to serve as the executive agent to develop the policies and guidelines under paragraph (1).
(3)
added
Coordination— The Secretary shall ensure that the policies and guidelines under paragraph (1) are developed in consultation with—
(A)
added
the Under Secretary of Defense for Research and Engineering;
(B)
added
the Under Secretary of Defense for Policy; and
(C)
added
individuals representing industry, academia, and civil society.
(4)
added
Public availability— The Secretary shall make the policies and guidelines under paragraph (1) publicly available.
(b)
added
Matters included— The policies and guidelines under subsection (a)(1) shall include the following:
(1)
added
Definitions related to the responsible development and use of biotechnology.
(2)
added
An assessment of whether, and to what extent, existing statutes, regulations, directives, manuals, or instructions limit the ability of the Department of Defense to provide guidelines for the responsible development of emerging biotechnology.
(3)
added
Guidelines encouraging the safe use of biotechnology products under appropriate regulatory and other oversight processes.
(4)
added
Policies relating to informed consent of members of the Armed Forces participating in the development of biotechnology products that have not received regulatory approval.
(5)
added
Policies relating to whether, and under which conditions, irreversible or heritable treatments of potential biotechnology applications are acceptable.
(6)
added
Policies relating to the potential effects of biotechnologies on the environment.
(7)
added
Policies relating to the compliance by and obligations of the Department of Defense with respect to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction (commonly referred to as the “Biological Weapons Convention”).
(8)
added
Such other matters as the Secretary of Defense determines relevant.
(1)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the policies and guidelines under subsection (a)(1), including the methodologies used to develop the policies and guidelines.
(2)
added
Form— The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(3)
added
Public availability— The Secretary of Defense shall make report required under paragraph (1) publicly available, except such publicly available version of the report may not include any classified annex provided under paragraph (2).
(d)
added
Briefing— During the two-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees an annual briefing on the implementation of the policies and guidelines under subsection (a)(1), including a description of any needed resources for such implementation.
Sec. 221
Department of Defense biotechnology workforce training
added
(a)
added
Requirement— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out a training program—
(1)
added
for members of the covered Armed Forces, civilian employees of the Department of Defense, and contractors of such Department whose duties the Secretary determines include—
(A)
added
creating or deploying novel biotechnologies;
(B)
added
analyzing, preparing for, or responding to biological threats; or
(C)
added
planning, research and development, engineering, or testing and evaluation of systems (including quality control and assurance, procurement and contracting, logistics, and cost estimating) regarding biotechnology; and
(2)
added
on biotechnology and other relevant critical and emerging technologies.
(1)
added
In general— The Secretary shall consult with leadership and workforce training managers in the Department to develop and implement such training program and identify the individuals described in subsection (a) based on—
(A)
added
the needs and priorities of the Department; and
(B)
added
the relevance of the training to the individuals’ positions.
(2)
added
Material— The material covered in the training programs shall be customized by Department leadership to align with specific needs and mission requirements.
(3)
added
Skills— The Secretary shall define the essential skills for biotechnology personnel to better understand what Federal personnel should undergo training and how to customize training for groups.
(1)
added
In general— The training program established under this section shall, at a minimum, include information on—
(A)
added
the fundamental science underlying biotechnology, artificial intelligence and other relevant critical and emerging technologies;
(B)
added
concepts relating to the technological features of biotechnology systems;
(C)
added
applications of biotechnology in defense, health, agriculture, energy, environment, and other relevant areas;
(D)
added
the ways in which artificial intelligence, quantum computing, and other technologies are leveraged to advance biotechnology;
(E)
added
mechanisms by which the Federal Government supports, funds, purchases, and deploys biotechnology and its applications;
(F)
added
ways in which the Federal Government can benefit from biotechnology;
(G)
added
ethical, social, and legal aspects of biotechnology including ways of incorporating a wide range of stakeholder perspectives throughout research and innovation cycles;
(H)
added
ways to mitigate the risks described in previous subparagraphs, including efforts to create and identify biotechnologies that are reliable, safe, and trustworthy; and
(I)
added
future trends in biotechnology, including intersections with artificial intelligence, quantum computing, autonomous systems, robotics, advanced manufacturing, and other relevant technologies, as well as trends for economic and national security, and innovation.
(2)
added
Participation— Any individual described under subsection (b)(1) shall complete training under this section annually.
(3)
added
Interactive— The Secretary shall ensure interactive learning with scholars and experts from private, public and nonprofit sectors is included under the training programs. The Secretary shall provide access to courses through institutions of professional military education, such as the National Defense University.
(4)
added
Updates— The training programs established under this section shall be updated each year to review and cover advances in biotechnology and its convergence with other critical and emerging technologies.
(5)
added
Continuing education— The Secretary shall update the training programs established under this section to provide continuing technology education for individuals described in subsection (a) and include requirements for refresher training on the latest advances in biotechnology science, laboratory work, equipment and software.
(d)
added
Performance measurements— The Secretary shall establish mechanisms to measure participation in training programs required under this section, and to receive and consider feedback from program participants to improve training.
(e)
added
Report— Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes a plan to establish and implement the training programs required under this section.
(f)
added
Sunset— This section and the training programs required to be carried out by this section shall terminate on the date that is five years after such programs are established under subsection (a).
(g)
added
Definitions— In this section:
(1)
added
The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (division E of Public Law 116–283).
(2)
added
The term “covered Armed Force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
Sec. 222
Biotechnology supply chain resiliency program
added
(1)
added
In general— The Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of relevant Defense Agencies, may establish and implement a program (referred to in this section as the “Program”) to develop, scale, and transition biotechnology research from the military service laboratories, including biotechnology-based chemicals, materials, fuels, and other products relevant to the mission of the Department of Defense that support the resilience, sustainability, and responsiveness of the defense supply chain.
(2)
added
Activities— Under the Program, the Secretary of Defense may carry out the following activities:
(A)
added
Conduct an assessment of supply chain vulnerabilities in the Department of Defense.
(B)
added
Direct the military service laboratories to establish mechanisms to collaboratively—
(i)
added
conduct applied research, including experimentation, advanced technological development, advanced component development, and rapid prototyping in bioindustrials, biomanufacturing, and related disciplines to support defense missions;
(ii)
added
develop, prototype, test, and transition biologically derived materials and products to reduce reliance on foreign supply chains and vulnerable supply chains;
(iii)
added
upgrade, expand, or construct physical and digital infrastructure, including laboratory facilities, of the Department and its partners to support bioindustrial research, development, testing, prototyping, and production;
(iv)
added
as needed, enter into contracts, cooperative agreements, grants, or other transactions with relevant Federal entities and non-Federal entities such as commercial entities, research institutions, and academic organizations to execute the activities under this paragraph; and
(v)
added
support education, training, and workforce development initiatives to build and sustain a skilled bioindustrial and biomanufacturing workforce.
(C)
added
Collaborate across the military departments, Defense Agencies, and other Federal entities to ensure alignment with national bioindustrial and supply chain strategies.
(D)
added
Promote the development and utilization of next-generation feedstocks and processes in ways that support local economic growth.
(E)
added
Modernize infrastructure through investment in facilities that enable rapid prototyping and advanced materials testing.
(F)
added
Establish performance metrics and benchmarks to measure progress toward operational integration and transition to programs of record.
(3)
added
Other considerations— In the event the Secretary carries out the Program, the Secretary of Defense shall—
(A)
added
prioritize technologies and capabilities that address critical defense supply chain vulnerabilities and enhance military readiness, including technologies and capabilities necessary to—
(i)
added
reduce logistics through field-enabled manufacturing of materials such as construction-grade bio-cement and deployable infrastructure components;
(ii)
added
enhance performance through development of novel materials including protective coatings and biologically derived composites; or
(iii)
added
improve cost efficiency of manufacturing and reduce dependency on foreign supply chains;
(B)
added
consult with representatives of industry, academia, and other Federal agencies with relevant expertise, to accelerate development and transitions; and
(C)
added
ensure the Program supports the development and fielding of emerging technologies such as biotechnologies that provide operational and strategic advantages to the Armed Forces, including through—
(i)
added
cross-service and public-private partnerships; and
(ii)
added
applied research, pilot-scale production, and technology transition efforts focused on biomanufacturing and materials innovation.
(b)
added
Plan and reports—
(1)
added
Initial plan— Not later than 90 days after electing to commence the Program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the allocation of appropriations to fund the Program.
(2)
added
Annual reports— Not later than one year after commencing the Program, and annually thereafter until the Program terminates under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing all activities carried out under the program. Each report shall include, to the extent applicable, the following:
(A)
added
A summary of key research, development, and prototyping efforts initiated or continued during the year covered by the report, including technical objectives, anticipated defense applications, and funding.
(B)
added
A list of significant partnerships or agreements executed with industry, academic institutions, and other Federal agencies, including the purpose, national security nexus, and funding level of each such partnership or agreement.
(C)
added
An assessment of infrastructure enhancements undertaken to support bioindustrial development and scale-up, including facility modernization and equipment acquisition.
(D)
added
An evaluation of program performance against established milestones or metrics, including progress toward the transition of technologies to operational use or acquisition programs.
(E)
added
An identification of major technical, logistical, or policy challenges encountered, and actions taken to mitigate such challenges.
(F)
added
Any recommendations for additional authorities, funding mechanisms, or interagency coordination necessary to enhance the effectiveness of the Program.
(3)
added
Form— Each report under this subsection shall be submitted in unclassified form but may contain a classified annex.
(1)
added
In general— Except as provided in paragraph (2), the authority to carry out the Program shall terminate on the date that is 10 years after the date of the enactment of this Act.
(2)
added
Extension— The Program may be continued after the termination date specified in paragraph (1) if, before such date, the President—
(A)
added
determines that continuation of the Program is necessary to meet national economic or national security needs; and
(B)
added
submits notice of such determination to the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 223
Review and alignment of standards, guidance, and policies relating to digital engineering
added
(a)
added
Review required—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in coordination with the officials specified in subsection (c), shall complete a comprehensive review of the standards, guidance, and policies relating to digital engineering within the covered Armed Forces under the jurisdiction of that Secretary.
(2)
added
Elements— Each review under paragraph (1) shall include, with respect to the covered Armed Forces under the jurisdiction of the Secretary concerned, the following:
(A)
added
A review of the reference architectures, standards, and best practices for the use of digital engineering tools (including digital twins and digital threads) as in effect at the time of the review, including standards for the use of such tools at all stages of program design, development, and testing.
(B)
added
Identification of the current standards guiding the use of such digital engineering tools, at all stages of program design, development, and testing.
(i)
added
the extent to which the use of such standards and related governance structures is consistent across the covered Armed Forces under the jurisdiction of the Secretary concerned; and
(ii)
added
the level of interoperability of such standards across such Armed Forces.
(D)
added
Identification of best practices for digital engineering within each such Armed Force.
(E)
added
Recommendations for improvements to the use of digital engineering tools in each such Armed Force.
(b)
added
Development of standard reference architecture—
(1)
added
In general— Not later than 180 days after the date on which the Secretary of a military department completes the review required under subsection (a), the Secretary shall develop and implement a standard reference architecture to guide the use of, and best practices for, digital engineering for program design, development, and testing within each covered Armed Force under the jurisdiction of that Secretary. Each reference architecture shall include—
(A)
added
a framework and clear requirements for developing and deploying digital engineering tools across program lifecycles; and
(B)
added
defined standards for data management and modeling.
(2)
added
Periodic review— Not less frequently than once every three years following implementation of the standard reference architecture required under paragraph (1), each Secretary of a military department shall—
(A)
added
conduct periodic reviews of the reference architecture to ensure it effectively addresses advancements in technology and evolving operational needs; and
(B)
added
if necessary, modify the reference architecture to address such advancements and needs.
(3)
added
Approval and certification required— Before a reference architecture may be implemented under this subsection, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
(A)
added
review and approve the reference architecture; and
(B)
added
submit certification of such approval to the head of the covered Armed Force involved.
(4)
added
Recommendations for further standardization— Based on the reviews conducted under paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall—
(A)
added
identify and develop recommendations regarding areas in which further standardization of reference architectures across the covered Armed Forces may be feasible; and
(B)
added
submit such recommendations to the Secretaries of the military departments.
(c)
added
Officials specified— The officials specified in this subsection are the following—
(1)
added
The Under Secretary of Defense for Acquisition and Sustainment.
(2)
added
The Under Secretary of Defense for Research and Engineering.
(3)
added
The Director of Operational Test and Evaluation.
(d)
added
Definitions— In this section:
(1)
added
The term “covered Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
(2)
added
The term “reference architecture” means an authoritative source of information about a specific subject area that guides and constrains the instantiations of multiple architectures and solutions, as described in the guidance of the Office of the Assistant Secretary of Defense titled “Reference Architecture Description”, dated June 2010, or any successor to such guidance.
Sec. 224
Application of software innovation and data management plans to modernize test and evaluation infrastructure
added
(a)
added
Establishment of digital test and evaluation environment—
(1)
added
Program— The Director of the Test Resource Management Center, in coordination with the officials specified in paragraph (4), shall establish and maintain a digital test and evaluation environment for developmental and operational testing of warfighting capabilities.
(2)
added
Requirements— The digital test and evaluation environment required under paragraph (1) shall—
(A)
added
incorporate commercially-derived data management, analysis, and operations software tools to enable rapid test and evaluation;
(B)
added
enable real-time and iterative data collection, management, analysis, and feedback loops across the life cycle of tested systems;
(C)
added
provide secure environments for testing systems with operational security sensitivities; and
(D)
added
use a modular open system approach (as defined in section 4401 of title 10, United States Code) to ensure the environment can be accessed by multiple vendors and is interoperable with multiple data sources, data formats, and digital tools.
(3)
added
Use of software acquisition pathway— In procuring software and covered hardware (as defined in section 3603 of title 10, United States Code) for the digital test and evaluation environment required under paragraph (1), the Director of the Test Resource Management center shall use a software acquisition pathway described in section 3603 of title 10, United States Code.
(4)
added
Officials specified— The officials specified in this paragraph are—
(A)
added
the Director of the Defense Innovation Unit;
(B)
added
the Director of Operational Test and Evaluation; and
(C)
added
each chief of a covered Armed Force.
(b)
added
Data management plans—
(1)
added
In general— Before a covered Armed Force may conduct a test and evaluation event, an appropriate official from the Armed Force shall submit to the Director of Operational Test and Evaluation and the Director of the Test Resource Management Center a data management plan for the event. Such data management plan may be included as part of the Test and Evaluation Master plan submitted for the event pursuant to Department of Defense Directive 5000.100.
(2)
added
Plan requirements— The Director of Operational Test and Evaluation and the Director of the Test Resource Management Center shall jointly develop standard requirements for the data management plans required under paragraph (1). Each such data management plan shall include, with respect to the test and evaluation event covered by the plan—
(A)
added
identification of relevant data to be collected during the event;
(B)
added
methodologies for analyzing data after testing is complete; and
(C)
added
any other information the Directors determine appropriate.
(c)
added
Pilot program to accelerate test—
(1)
added
In general— The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall jointly carry out a pilot program to determine how commercial software can be used to accelerate and improve testing for priority mission areas—
(A)
added
to accelerate continuous integration and continuous testing of warfighting capabilities by applying industry best practices and tooling for scalability, advanced analysis, and data sharing on identified priority use cases; and
(B)
added
to enable continuous and iterative testing throughout capability design, development, engineering, and fielding.
(2)
added
Reports required— The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall—
(A)
added
not later than 120 days after the date of the enactment of this Act, submit to the congressional defense committees an interim report that includes an implementation plan for the pilot program under paragraph (1); and
(B)
added
following submittal of the report under subparagraph (A), but not later than 270 days after the date of the enactment of this Act, submit to the committees a report on the progress of the pilot program, which shall include a description of—
(i)
added
the metrics used to measure the performance of commercial software under the program;
(ii)
added
the initial findings of the program; and
(iii)
added
based on such findings, any identified roadblocks or limitations to using commercial software and digital tools for accelerated testing.
(3)
added
Termination— The authority to carry out the pilot program under this subsection shall terminate five years after the date of the enactment of this Act.
(d)
added
Covered Armed Force defined— In this section, the term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, and Space Force.
Sec. 225
Demonstration of near real-time monitoring capabilities to enhance weapon system platforms
added
(a)
added
Program establishment— Subject to the availability of appropriations, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the chiefs of the Armed Forces, shall carry out a program to equip selected weapon system platforms with onboard, near real-time, end-to-end serial bus and radio frequency monitoring capabilities to ensure continuous operational oversight and cybersecurity health and resiliency.
(b)
added
Phases— The Secretary of Defense shall implement the program under subsection (a) in phases as follows:
(1)
added
Not later than 90 days after the date of the enactment of this Act, the Secretary shall—
(A)
added
select not fewer than 3 and not more than 5 weapon system platform fleets for initial participation in the program, prioritizing the MH–60R and MQ–9 aircraft fleets; and
(B)
added
complete the initial deployment of monitoring capabilities to such platforms.
(2)
added
Not later than one year after the date of the enactment of this Act, the Secretary shall extend monitoring capabilities to the complete fleets of selected platforms and complete initial data collection and analysis from all participating platforms.
(3)
added
Not later than one year after the date of the enactment of this Act, the Secretary shall, subject to the availability of appropriations—
(A)
added
select not fewer than 3 and not more than 5 weapon system platform fleets, in addition to those selected under paragraph (1), for participation in the program, prioritizing platforms that demonstrate the highest potential for cybersecurity improvement and operational readiness gains based on program data analysis; and
(B)
added
complete initial deployment of monitoring capabilities to such additional platforms.
(4)
added
Not later than 18 months after the date of the enactment of this Act, the Secretary shall complete a comprehensive evaluation of the monitoring capabilities demonstrated under the program, including cybersecurity effectiveness, potential applicability of data to maintenance improvements, and development of scalability recommendations for potential Department-wide implementation.
(c)
added
Data collection and analysis—
(1)
added
Chiefs of the armed forces requirements— Each chief of an Armed Force with a weapon system platform participating in the program under subsection (a) shall collect and provide to the Secretary of Defense data regarding the platform and the monitoring capabilities demonstrated under the program, including data on—
(A)
added
cyber threat detection effectiveness;
(B)
added
maintenance efficiency improvements;
(C)
added
safety incident investigation and predictive maintenance accuracy;
(D)
added
operational readiness and mission capable rates improvements; and
(E)
added
interoperability and data sharing capabilities across platforms and services.
(2)
added
Departmental analysis— The Secretary shall analyze the data provided under paragraph (1) to assess—
(A)
added
integration challenges and suggestions for overcoming such challenges in a future Department-wide program;
(B)
added
scalability requirements for broader Department-wide implementation; and
(C)
added
novel approaches for utilizing existing resources in an austere fiscal environment to expand capabilities across the Department.
(d)
added
Budget integration— In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2028 (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include proposed funding levels for the program expansion authorized under subsection (b)(3).
(e)
added
Reporting requirements— Not later than 90 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. Each report shall include, with respect to the period covered by the report—
(1)
added
implementation plans for the program;
(2)
added
identification of the weapon system platforms selected for participation in the program; and
(3)
added
analysis of any data collected under the program.
Sec. 226
Western regional range complex demonstration
added
(a)
added
Demonstration required— The Secretary of Defense shall carry out a demonstration of a joint multi-domain kinetic and non-kinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain training and further testing, research, and development.
(b)
added
Use of existing ranges and capabilities— 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.
(c)
added
Activities— The demonstration carried out pursuant to subsection (a) shall include the following:
(1)
added
Electromagnetic spectrum operations.
(2)
added
Electromagnetic warfare.
(3)
added
Operations that blend kinetic and non-kinetic effects.
(4)
added
Operations in the information environment.
(5)
added
Joint All Domain Command and Control (commonly known as “JADC2”).
(6)
added
Information warfare, including the following:
(A)
added
Intelligence, surveillance, and reconnaissance.
(B)
added
Offensive and defensive cyber operations.
(C)
added
Electromagnetic warfare.
(D)
added
Space operations.
(E)
added
Psychological operations.
(F)
added
Public affairs.
(G)
added
Weather operations.
(d)
added
Timeline for completion of initial demonstration— 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.
(e)
added
Briefing— 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—
(1)
added
a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d);
(2)
added
how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and
(3)
added
how the design architecture will support high-periodicity training, testing, research, and development.
(f)
added
Definitions— In this section:
(1)
added
The term information environment means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information.
(2)
added
The term Secretary means the Secretary of Defense.
(g)
added
Termination— This section shall terminate on September 30, 2028.
Sec. 227
Reimbursement of National Guard for research, development, test, and evaluation expenses
added
(a)
added
Availability— Amounts authorized to be appropriated after the date of the enactment of this Act for the Department of Defense for research, development, test, and evaluation shall be available for reimbursement of pay, allowances, and other expenses which would otherwise be incurred against appropriations for the reserve components of the Armed Forces, including the National Guard, in cases in which members of the such reserve components provide support to research, development, test, and evaluation projects in which their involvement furthers the project because of a member’s or unit’s availability, qualifications, experience, or education.
(b)
added
Rule of construction— Nothing in this section shall be construed—
(1)
added
to authorize a deviation from established personnel and training procedures of the reserve components of the Armed Forces, including the National Guard; or
(2)
added
to authorize the direct engagement of members or units of such components to conduct independent research, development, test and evaluation projects.
Sec. 228
Prohibition on availability of funds for animal research in collaboration with foreign countries of concern
added
(a)
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
(1)
added
to carry out research, development, test, evaluation, or training activities involving animals—
(A)
added
in collaboration with a foreign country of concern; or
(B)
added
at any facility located in, or owned or controlled (directly or indirectly) by, a foreign country of concern; or
(2)
added
to enter into a contract or other agreement, or make a grant, pursuant to which such activities would be carried out.
(b)
added
Foreign country of concern defined— In this section, the term “foreign country of concern” has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 4651).
Sec. 229
Prohibition on availability of funds for gain of function research
added
(a)
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended—
(1)
added
to conduct gain-of-function research on any potential pandemic pathogen at any facility operated by or on behalf of the Department; or
(2)
added
to award contracts, grants, cooperative agreements, or any other form of financial assistance to any institution of higher education, nonprofit organization, private entity, or other research institute that is conducting gain-of-function research on potential pandemic pathogens.
(1)
added
In general— The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis, with respect to an individual research project, grant, contract, or cooperative agreement, if the Secretary determines that such a waiver is in the national interests of the United States.
(2)
added
Congressional notice— Not later than 30 days before the date on which an award is made, a project is initiated, or an agreement entered into, with respect to which a waiver is made under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of such waiver.
(c)
added
Definitions— In this section:
(1)
added
The term “gain-of-function research” means any research that may be reasonably anticipated to confer an attribute to a pathogen such that the pathogen would have enhanced pathogenicity or transmissibility in mammals.
(2)
added
The term “potential pandemic pathogen” means a pathogen that, as a result of any gain-of-function research—
(A)
added
is likely more transmissible or likely capable of wide and uncontrollable spread in human populations;
(B)
added
is likely more virulent or likely to cause modest or greater morbidity or mortality in humans; or
(C)
added
is likely to pose a severe threat to public health, the capacity of the public health systems to function, or national security.
Sec. 230
Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office
added
(a)
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense and available for the Office of the Under Secretary of Defense for Acquisition and Sustainment for travel expenses, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense—
(1)
added
establishes a Joint Energetics Transition Office as required under section 148 of title 10, United States Code; and
(2)
added
submits to the congressional defense committees the reports required under subsections (b) and (c) of section 241 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 136 Stat. 208).
(b)
added
Waiver authority— The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—
(1)
added
determines that extenuating circumstances justify such a waiver; and
(2)
added
provides to the congressional defense committees a briefing on the reasons for such determination.
Sec. 241
Feasibility study on incorporating militarily-relevant applications of emerging biotechnology into wargaming exercises
added
(a)
added
In general— The Chairman of the Joint Chiefs of Staff shall conduct a review to determine the feasibility and advisability modifying the design of wargaming exercises to ensure that such exercises incorporate militarily-relevant applications of emerging biotechnology.
(b)
added
Elements— In conducting the review required under subsection (a), the Chairman of the Joint Chiefs of Staff shall take into account—
(1)
added
biotechnology-enabled enhancements that improve the cognitive and physical performance of warfighters;
(2)
added
biotechnology-enabled chemicals and materials intended to provide a strategic advantage on the battlefield;
(3)
added
adversaries’ use of biotechnology for military purposes beyond traditional biological weapons; and
(4)
added
any other militarily-relevant applications of biotechnology determined appropriate by the Chairman.
(c)
added
Consultation— In conducting the review under subsection (a), the Chairman of the Joint Chiefs of Staff shall consult with—
(1)
added
the commanders of the combatant commands; and
(2)
added
other stakeholders within and outside the Department of Defense, as necessary, to identify recent militarily-relevant advancements in the field of biotechnology that could potentially be incorporated into exercises.
(d)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subsection (a). The report shall include—
(1)
added
a detailed summary of any recommended modifications to wargaming exercises; and
(2)
added
if applicable, a plan for regularly updating the design of such exercises to keep pace with advances in biotechnology.
(e)
added
Wargaming exercise defined— In this section, the term “wargaming exercise” means a military exercise conducted to test or improve tactical expertise, and includes the Globally Integrated Wargames.
Sec. 242
Feasibility study on use of cloud laboratories
added
(a)
added
In general— The Secretary of Defense shall conduct a review to determine the feasibility and advisability of using cloud laboratories at the Department of Defense to provide authorized researchers with access to high-quality experimental instrumentation and data collection for purposes of generating high-quality data.
(b)
added
Elements— In conducting the review required under subsection (a), the Secretary of Defense shall take into account—
(1)
added
best practices for cloud computing methods to safely store sensitive data, such as biological data;
(2)
added
considerations related to cybersecurity, biosecurity, research security, and data privacy;
(3)
added
estimated costs for the construction and sustainment of cloud laboratories;
(4)
added
estimated timelines for establishing cloud laboratories; and
(5)
added
consideration of how cloud laboratories can improve the quality and quantity of data to improve research and development of novel technologies.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subsection (a).
(d)
added
Cloud laboratory defined— In this section, the term “cloud laboratory” means a physical laboratory equipped with automation and data storage to conduct experiments.
Sec. 243
Quarterly reports on termination of critical technology research awards
added
(a)
added
Reports required— Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
(1)
added
With respect to the quarter preceding the date of the report, identification of each covered award that was terminated by the Department of defense on the basis that the award no longer effectuates the programs goals or agency priorities as provided under the Department of Defense Research and Development General Terms and Conditions (dated March 2025), or any related or successor guidance.
(2)
added
For each covered award identified under paragraph (1)—
(A)
added
an explanation of whether or not that award was meeting relevant objectives and requirements; and
(B)
added
a justification for the termination of the award.
(b)
added
Definitions— In this section:
(1)
added
The term “covered award” means an award made by the Department of Defense relating to the research or development of any of the 14 critical technology areas.
(2)
added
The term “14 critical technology areas” means the critical technology areas described in the memorandum of the Under Secretary of Defense for Research and Engineering issued on February 1, 2022, titled “USD(R&E) Technology Vision for an Era of Competition”, or any successor guidance.
Sec. 244
Report on Department of Defense market research of critical technology and capabilities
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Acquisition and Sustainment, shall submit to the congressional defense committees a report that—
(1)
added
reviews and assesses the ability of the Department of Defense to conduct effective and thorough market research on critical existing and emerging defense technologies; and
(2)
added
makes recommendations for the improvement of such market research capabilities.
(b)
added
Contents— The report under subsection (a) shall include the following:
(1)
added
An assessment of the strategic market evaluation practices across developmental innovation and acquisition offices, including practices that are aligned for purposes of investigating existing commercial technology capabilities in critical technologies and capabilities.
(2)
added
Recommendations on ways to improve market research and commercial sector due diligence within key Department of Defense innovation and acquisition offices, with a particular focus on deeper engagement with existing private sector entities.
(3)
added
An assessment of the current status of development maturity and growth in critical technological market areas.
(4)
added
An assessment of regulatory, legal, and administrative barriers in testing and evaluation of such critical technologies that may delay their maturation and development, such as—
(A)
added
a lack of authority to operate new technologies domestically; and
(B)
added
barriers to direct commercial sales and foreign military sales for such critical technologies.
(5)
added
An assessment of how the barriers described in paragraph (4) may be addressed to direct additional investment and speed development.
(6)
added
An assessment of current practices of accumulating and storing market research data across the Department of Defense enterprise, from early-stage research and development efforts to mature commercial solutions.
(7)
added
Recommendations, with respect to each critical technology sector, for enhancing private sector participation, lowering barriers to entry for commercial sector entities, decreasing capital costs required for development, and shortening internal Department of Defense timelines for major acquisition decisions.
(8)
added
Recommendations for the creation of standardized best practices for market research and commercial sector due diligence within key innovation and acquisition organizations in the Department of Defense.
(c)
added
Consultation— In preparing the report under subsection (a) the Secretary shall seek input from relevant individuals and organizations in commercial industry and the venture capital sector.
Sec. 301
Authorization of appropriations
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
(a)
removed
Reduction or elimination of CAS—
(1)
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
(A)
removed
identify actions necessary to streamline requirements for compliance with the cost accounting standards established under section 1502 of title 41, United States Code (in this section referred to as “CAS”), in the performance of a contract with the Department of Defense; and
(B)
removed
reduce or eliminate such requirements under the circumstances described in paragraph (2).
(2)
removed
Circumstances described— The circumstances described in this paragraph are as follows:
(A)
removed
With respect to an action to eliminate compliance with CAS, if reliance on a similar requirement under generally accepted accounting principles (in this section referred to as “GAAP”) would materially achieve uniformity and consistency in cost accounting with respect to such elimination without bias or prejudice to parties to a contract.
(B)
removed
If other existing requirements in guidance or regulation will sufficiently protect the interests of the Secretary of Defense in the oversight of cost contracts.
(C)
removed
If such requirement is no longer necessary or appropriate.
(b)
removed
Assessment of GAAP To meet Department of Defense needs—
(1)
removed
In general— The Secretary of Defense shall conduct an assessment of the steps necessary to enable the use of GAAP instead of CAS as the baseline for standards of financial accounting and reporting for the contracts of the Department of Defense. Such assessment shall include—
(A)
removed
an identification of needed changes to law, regulation, or policy to enable the Secretary to eliminate the use of CAS and implement the use of GAAP as such baseline; and
(B)
removed
an identification any Department-specific standards that would be required in addition to GAAP to support the unique requirements of defense contracts.
(2)
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings of the assessment required by paragraph (1), along with any recommended actions for Congress to reduce or eliminate requirements for compliance with CAS.
Sec. 302
Review of commercial buying practices
removed
(a)
removed
Review required—
(1)
removed
In general— Not later than 120 days after the enactment of this Act, the Secretary of Defense shall carry out a comprehensive review of the approach of the Department of Defense to acquiring commercial products and commercial services and the implementation of the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) by the Department.
(2)
removed
Review requirements— The review required by paragraph (1) shall include an assessment of each of the following as they relate to the approach of the Department of Defense to acquiring commercial products and commercial services:
(A)
removed
The policies, procedures, guidance, and instructions of the Department of Defense.
(B)
removed
The extent to which contracts entered into by the Department of Defense for the acquisition of commercial products or commercial services include requirements or other provisions that should not apply to the acquisition of a commercial product or commercial service and the extent to which such requirements or other provisions are included in subcontracts under such contracts.
(C)
removed
Training curricula, educational materials, and associated activities of the Department of Defense related to acquiring commercial products and commercial services, including such curricula, materials, and activities that pertain to the determination of a product or service as a commercial product or commercial service and the congressional intent that the definitions of the terms commercial product and commercial service should be applied broadly.
(D)
removed
Audit and oversight policies and practices of the Department of Defense.
(E)
removed
Incentives that discourage the acquisition workforce from acquiring commercial products or commercial services.
(F)
removed
The process by which the Department of Defense develops and issues regulations related to the acquisition of commercial products or commercial services, including delays in rulemaking and the resulting delays in the implementation of policies intended to improve or streamline the acquisition of commercial products or commercial services.
(G)
removed
Requirements in solicitations or contracts of the Department of Defense requiring the use of military specifications or standards when applicable commercial specifications or standards were available that could have meet the needs of the Department served by such military specifications or standards.
(H)
removed
The process by which the Department of Defense evaluates past performance, including performance under Federal, State, and local government and private contracts (as described in section 15.305(a)(2)(ii) of the Federal Acquisition Regulation), in the acquisition of commercial products or commercial services.
(b)
removed
Report— Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
(1)
removed
describes the findings of the review required by subsection (a)(1);
(2)
removed
describes the corrective actions taken by the Secretary to address the issues identified pursuant to such review, including any findings of noncompliance by the Department of Defense with the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) or any other statutory or regulatory requirements related to advancing and enabling the procurement of commercial products and commercial services; and
(3)
removed
includes any recommendations of the Secretary on actions that Congress may take to better enable the Department of Defense to take advantage of the benefits of acquiring commercial products and commercial services.
Sec. 303
Adjustments to certain acquisition thresholds
removed
(a)
removed
Major program— Section 3041 of title 10, United States Code, is amended—
(1)
removed
in subsection (c)(1)—
(A)
removed
in subparagraph (A), by striking “$115,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$275,000,000 (based on fiscal year 2024 constant dollars)”; and
(B)
removed
in subparagraph (B), by striking “$540,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$1,300,000,000 (based on fiscal year 2024 constant dollars)”; and
(2)
removed
in subsection (d)(1), by striking “$750,000 (based on fiscal year 1980 constant dollars)” and inserting “$5,000,000 (based on fiscal year 2024 constant dollars)”.
(b)
removed
Use of procedures other than competitive procedures— Section 3204(e)(1) of title 10, United States Code, is amended—
(1)
removed
by striking “$10,000,000” each place it appears and inserting “$100,000,000”;
(2)
removed
by striking “$75,000,000” each place it appears and inserting “$500,000,000”; and
(3)
removed
in subparagraph (B)(i), by striking “$500,000” and inserting “$5,000,000”.
(c)
removed
Simplified procedures for small purchases— Section 3205(a) of title 10, United States Code, is amended—
(1)
removed
in paragraph (1), by striking “simplified acquisition threshold” and inserting “threshold specified in section 3571(a) of this title”; and
(2)
removed
in paragraph (2), by striking “$5,000,000” and inserting “$50,000,000”.
(d)
removed
Multiyear contracts— Section 3501 of title 10, United States Code, is amended—
(1)
removed
by striking “$500,000,000” each place it appears and inserting “$1,000,000,000”;
(2)
removed
by striking “$100,000,000” each place it appears and inserting “$150,000,000”; and
(3)
removed
by striking “$20,000,000” each place it appears and inserting “$50,000,000”.
(e)
removed
Simplified acquisition threshold— Section 3571(a) of title 10, United States Code, is amended—
(1)
removed
by inserting “(1)” before “For purposes of acquisitions”;
(2)
removed
by striking “as specified in section 134 of title 41” and inserting “$10,000,000”; and
(3)
removed
by adding at the end the following new paragraph:
removed
“(2) In the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified in paragraph (1).”
(f)
removed
Micro-Purchase threshold— Section 3573 of title 10, United States Code, is amended by striking “$10,000” and inserting “$100,000”.
(g)
removed
Modifications to submissions of cost or pricing data— Section 3702(a) of title 10, United States Code, is amended—
(1)
removed
in paragraph (1)—
(A)
removed
by striking “June 30, 2018” each place it appears and inserting “June 30, 2026”;
(B)
removed
in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”; and
(C)
removed
in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”;
(2)
removed
in paragraph (2), by striking “$2,000,000” and inserting “$10,000,000”; and
(3)
removed
in subparagraph (3)(A), by striking “$2,000,000” and inserting “$10,000,000”.
(h)
removed
Major defense acquisition programs; definitions; exceptions— Section 4201(a)(2) of title 10, United States Code, is amended—
(1)
removed
in subparagraph (A), by striking “$300,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$1,000,000,000 (based on fiscal year 2024 constant dollars)”; and
(2)
removed
in subparagraph (B), by striking “$1,800,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$5,500,000,000 (based on fiscal year 2024 constant dollars)”.
Sec. 304
Alternative capability-based pricing
removed
removed
Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“3906. Alternative capability-based pricing
removed
“(a) In general—Except as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis.
removed
“(b) Exception—Subsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract.
removed
“(c) Definitions—In this section:
removed
“(1) The term alternative capability-based analysis means an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria:
removed
“(A) The suitability of the commercial solution for the particular purpose for which the Government would acquire such commercial solution.
removed
“(B) The benefits obtained by the Government as a result of improvements in capability, effectiveness, efficiency, process, or speed to delivery provided by such commercial solution.
removed
“(C) The estimated total cost avoidance resulting from the acquisition and use of such commercial solution, including the cost avoidance resulting from reductions to operations, sustainment, or risks to mission by replacing fielded capabilities with such commercial solution.
removed
“(D) Input from the intended end users of such commercial solution on the potential value of the improvements to capabilities or processes provided by such commercial solution.
removed
“(2) The term commercial solution means a product or service, including an integrated combination of products, services, or products and services—
removed
“(A) that is sold, leased, or licensed in the commercial marketplace, or offered for sale, lease, or license in the commercial marketplace; and
removed
“(B) the provider of which contemporaneously offers such solution or a solution that is similar to such solution to the general public or public entities, including State and local governments and foreign governments, under terms and conditions that are similar to the terms and conditions under which such solution is offered to the Federal Government.”
Sec. 305
Clarification of conditions for payments for commercial products and commercial services
removed
removed
Section 3805 of title 10, United States Code, is amended—
(1)
removed
in subsection (d)—
(A)
removed
by striking “The conditions” and inserting “(1) The conditions”; and
(B)
removed
by adding at the end the following new paragraph:
removed
“(2) For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.”
(2)
removed
by adding at the end the following new subsection:
removed
“(e) Definitions—In this section:
removed
“(1) The term commercially utilized acquisition strategy means an acquisition of a service by the Government under terms and conditions that—
removed
“(A) are similar to the terms and conditions under which such service is available to the public; and
removed
“(B) provide such service as a consumption-based solution or under a technology subscription model or other model based on predetermined pricing for access to such service.
removed
“(2) The term covered service means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.”
Sec. 311
Inclusion of nuclear energy and nuclear technologies in eligible investments made by Office of Strategic Capital
added
added
Section 149(f)(2) of title 10, United States Code, is amended—
(1)
added
by redesignating subparagraphs (U) through (GG) as subparagraphs (W) through (II), respectively; and
(2)
added
by inserting after subparagraph (T) the following new subparagraphs:
added
“(U) Nuclear energy.
added
“(V) Nuclear technologies.”
Sec. 312
Inclusion of information about PFAS investigation and remediation in annual report on defense environmental programs
added
added
Section 2711 of title 10, United States Code, is amended—
(1)
added
in subsection (b), by adding at the end the following new paragraph:
added
“(6) Information on the costs associated with investigating and remediating per- and polyfluoroalkyl substances contamination, including—
added
“(A) detailed information regarding the total potential total costs to the Department of investigating and remediating such contamination at all locations where investigation and remediation is expected to be funded by the Department; and
added
“(B) the cost assumption analysis required under subsection (d).”
(2)
added
by adding at the end the following new subsection:
added
“(d) PFAS cost assumption analysis—The Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that—
added
“(1) includes—
added
“(A) an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect future costs;
added
“(B) examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect projected costs; and
added
“(C) an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and
added
“(2) incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination, including—
added
“(A) variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations;
added
“(B) shifts in regulatory requirements that could alter investigation and remediation strategies; and
added
“(C) advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs.”
Sec. 313
Modification of requirements relating to replacement of fluorinated aqueous film-forming foam
added
added
Section 322 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2661 note prec.) is amended—
(1)
added
in subsection (b)—
(A)
added
by striking “October 1, 2023” and inserting “October 1, 2026”; and
(B)
added
by striking “in excess of one part per billion of” and inserting “detectable”;
(2)
added
in subsection (c)(1), by striking “October 1, 2024” and inserting “October 1, 2026”;
(3)
added
by striking subsection (d) and inserting the following:
added
“(d) Exemptions—Subsections (b) and (c) shall not apply to firefighting foam for use—
added
“(1) onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance;
added
“(2) that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department;
added
“(3) during research, development, test, and evaluation of fluorine-free fire-fighting agents;
added
“(4) on naval nuclear submarine propulsion plants; or
added
“(5) in tactical vehicles and equipment that is incompatible with fluorine-free fire-fighting agents.”
(4)
added
in subsection (e)—
(A)
added
in paragraph (1)—
(i)
added
in the matter preceding subparagraph (A), by inserting “the limitation under subsection (b) or” before “the prohibition”; and
(ii)
added
in subparagraph (B)—
(I)
added
in clause (ii), by inserting “or to maintain military readiness” after “safety”;
(II)
added
by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
(III)
added
in clause (iii), as so redesignated, by striking “and does not require revision”; and
(B)
added
in paragraph (2)(C), by striking “Secretary of Defense” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
Sec. 314
Provision of alternative drinking water to certain communities with private drinking water wells contaminated with perfluoroalkyl substances or polyfluoroalkyl substances
added
(a)
added
Requirement— Beginning on the date of the enactment of this Act, for each household that is located in a community with a private drinking water well in which contamination from a perfluoroalkyl substance, polyfluoroalkyl substance, or mixture thereof resulting from activities of the Department of Defense exceeds the maximum contaminant level for such substance or mixture, respectively, and that has not received a permanent safe drinking water solution described in subsection (b), the Secretary of Defense shall provide to such household an alternative source of drinking water (which may include the provision of bottled water) until such time as—
(1)
added
the degree of cleanup of such contamination has at least attained such respective maximum contaminant level, consistent with section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)); or
(2)
added
the Secretary provides such household with a permanent safe drinking water solution described in subsection (b).
(b)
added
Permanent safe drinking water solutions described— A permanent safe drinking water solution described in this subsection is the connection of a household to a public water system, installation at a household of an onsite filtration system capable of treating the contamination specified in subsection (a), or provision to a household of another permanent alternative source of drinking water.
(c)
added
Coordination with existing authorities— The Secretary of Defense shall carry out this section in a manner consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other authority under environmental law, including by coordinating efforts under subsection (a) with ongoing efforts to address contamination under such authorities.
(d)
added
Definitions— In this section:
(1)
added
The terms “maximum contaminant level” and “public water system” have the meanings given those terms in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(2)
added
The term “private drinking water well” means a drinking water well that is not a public water system and is not connected to a public water system.
Sec. 315
Responsibilities of executive agent for installation and operational nuclear energy
added
(a)
added
Executive agent— The Secretary of Defense, in coordination with the Secretary of the Army, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office of the Department of Defense, shall ensure that, not later than one year after the date of the enactment of this Act, there is designated an executive agent of the Department of Defense for installation and operational nuclear energy.
(b)
added
Responsibilities— The responsibilities of the executive agent specified in subsection (a) shall include the following:
(1)
added
In coordination with the commanders of the combatant commands and the Joint Chiefs of Staff, assessing installation energy and operational energy needs, and establishing and maintaining requirements for the use of nuclear energy to meet such needs, for the purpose of furthering mission critical activities of the Department of Defense and enhancing national security.
(2)
added
Consulting with project developers and other experts from the commercial nuclear industry, potential private owners and operators of nuclear reactors to be deployed at military installations, and other persons determined appropriate by the executive agent, to assess the technological capabilities, development status, costs, timelines, risks, and potential need for design evolution of nuclear reactors to meet the needs of the Department of Defense referred to paragraph (1).
(3)
added
In coordination with the Secretary of Energy, the Secretaries of the military departments, and the Nuclear Regulatory Commission, assessing the technology readiness, licensability, deployability, operability, and maintainability of nuclear reactors with respect to potential deployment at military installations.
(4)
added
In coordination with the Secretary of Defense and the Secretaries of the military departments, integrating technical and project resources across the Department of Defense for the use of nuclear reactors to meet the needs of the Department of Defense referred to in paragraph (1), including by developing a plan to aggregate the demand for, and the acquisition and deployment of, nuclear reactors across military installations and military departments.
(5)
added
In coordination with the Secretary of Energy and the Nuclear Regulatory Commission—
(A)
added
evaluating the regulatory framework and other requirements applicable to the use of nuclear reactors to meet such needs; and
(B)
added
establishing training programs and plans relating to the acquisition and operation of nuclear reactors to meet such needs.
(6)
added
Identifying the timelines and resource requirements necessary for the acquisition and operation of nuclear reactors to meet such needs, including—
(A)
added
any support necessary from the national laboratories of the Department of Energy; and
(B)
added
any funding necessary to carry out interim pilot programs for the limited deployment of nuclear reactors until such timelines and resource requirements are met.
(7)
added
Including resource requirements identified pursuant to paragraph (6), and any other resource requirements necessary to carry out this subsection, in applicable planning, programming, budgeting, and execution processes of the Department of Defense, including by preparing, as applicable—
(A)
added
a program objective memorandum for any new resource so required; and
(B)
added
a budget justification for any new resource so required for inclusion in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code).
(8)
added
Providing technical support for programs of the military departments relating to the deployment of nuclear reactors for installation energy resilience.
(c)
added
Annual reports— Not later than September 30, 2026, and annually thereafter for a period of five years, the executive agent specified in subsection (a) shall submit to the Secretary of Defense and the congressional defense committees a report describing the actions taken to implement this section during the one-year period ending on the date of the submission of such report.
(d)
added
Plan for program of record—
(1)
added
Submission— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the executive agent specified in subsection (a), shall submit to the congressional defense committees a plan to establish a program of record of the Department of Defense for the use of nuclear energy to meet installation energy and operational energy needs.
(2)
added
Elements— The plan under paragraph (1) shall include the following:
(A)
added
An identification of requirements necessary for the establishment of the program of record specified in such paragraph.
(B)
added
A budget estimate for such program of record through 2030 or through the conclusion of the five-year period following the first date on which a nuclear reactor is deployed at a military installation, whichever is later.
(C)
added
A summary of actions taken to implement the responsibilities under subsection (b) and information derived as a result of such actions.
(D)
added
Use cases for nuclear reactors, developed in coordination with the commanders of combatant commands with respect to installation and operational needs (including needs relating to the electrification of operational energy, elimination of fuel supply vulnerabilities, military installation resilience, sustainment of military installations, enablement of multi-domain operations, and advanced weaponry).
(E)
added
An identification of the minimum potential number of military installations at which nuclear reactors would be necessary to deploy in order to establish a cost-effective program, and projected dates by which such nuclear reactors would achieve initial operational capability.
(F)
added
An estimate of fuel requirements necessary to support the deployment of various models of nuclear reactors at military installations, to inform future acquisition planning.
(e)
added
Compliance with applicable directive— The Secretary shall carry out this section in compliance with Directive 5101.1.
(f)
added
Support within Department of Defense— In accordance with Directive 5101.1, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent specified in subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.
(g)
added
Definitions— In this section—
(1)
added
The term “Directive 5101.1” means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.
(2)
added
The terms “energy resilience” and “military installation resilience” have the meanings given those terms in section 101 of title 10, United States Code.
(3)
added
The term “executive agent” has the meaning given the term “DoD Executive Agent” in Directive 5101.1.
(4)
added
The term “operational energy” has the meaning given that term in section 2924 of title 10, United States Code.
Sec. 316
Establishment of Advanced Nuclear Technologies Transition Working Group
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Advanced Nuclear Technologies Transition Working Group”.
(b)
added
Membership— The working group shall be composed of the following members, or designees thereof:
(1)
added
The Secretary of Defense.
(2)
added
The Secretaries of the military departments.
(3)
added
The Chairman of the Joint Chiefs of Staff.
(4)
added
The Under Secretary of Defense for Acquisition and Sustainment.
(5)
added
The Under Secretary of Defense for Research and Engineering.
(6)
added
The Under Secretary of Defense for Policy.
(7)
added
The Director of the Defense Innovation Unit.
(8)
added
The Director of the Strategic Capabilities Office.
(9)
added
The head of any other organizational entity of the Department of Defense the Chairperson determines appropriate.
(c)
added
Chairperson— The Secretary of Defense, or a designee thereof, shall serve as the Chairperson of the working group.
(d)
added
Duties— The duties of the working group shall include the following:
(1)
added
Developing and implementing a strategy to accelerate the procurement and fielding of commercially available advanced nuclear technologies using available authorities.
(2)
added
Identifying critical installation energy and operational energy needs of military installations and the combatant commands that may be addressed through the use of advanced nuclear technologies, ensuring such needs are considered in relation to efforts and planned efforts of the Department of Defense, and developing an accelerated pathway to leverage advanced nuclear technologies to address any gap in such needs.
(3)
added
Coordinating efforts among the members of the working group for the demonstration and transition of advanced nuclear technologies, including by increasing opportunities for collaboration between the Department of Defense and potential partners within the commercial nuclear industry with respect to research and development, testing and evaluation, and procurement activities relating to such technologies.
(4)
added
Coordinating with the heads of other relevant Federal departments and agencies regarding the conduct of interagency activities and development of best practices to address obstacles to the rapid fielding of advanced nuclear technologies, including any such obstacle relating to workforce development, regulatory frameworks, licensing requirements, access to fuel sources, safety or security standards, or decommissioning.
(5)
added
Establishing opportunities for engagement with developers of advanced nuclear technologies within the commercial nuclear industry to assess the availability (including, as applicable, the timeline for availability) of micro-reactor and small modular reactor capabilities for potential application to meet the needs of the Department of Defense.
(e)
added
Meetings— The working group shall meet at the call of the Chairperson and not less frequently than quarterly.
(f)
added
Briefings and reports—
(1)
added
Initial briefing— Not later than 180 days after the date of enactment of this Act, the Chairperson shall provide to the congressional defense committees a briefing on the organization, plans, milestones, and activities of the working group.
(2)
added
Annual report— Not later than September 30, 2026, and annually thereafter until the date of termination under subsection (g), the Chairperson shall submit to the congressional defense committees a report describing, with respect to the year preceding the date of submission of the report, the plans, milestones, and activities of the working group, including a description of the status during such year of any project relating to advanced nuclear technologies, any funding or other requirement associated with such a project, and any plan to transition a capability under such a project.
(g)
added
Termination— The working group shall terminate on September 30, 2029.
(h)
added
Definitions— In this section:
(1)
added
The term “micro-reactor” means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)), with a rated capacity of less than 50 electrical megawatts.
(2)
added
The term “operational energy” has the meaning given that term in section 2924 of title 10, United States Code.
(3)
added
The term “small modular reactor” means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1))—
(A)
added
with a rated capacity of less than 500 electrical megawatts; and
(B)
added
that may be constructed and operated in combination with similar reactors at a single site.
(4)
added
The term “working group” means the working group established under subsection (a).
Sec. 317
Department of Air Force program of record for commercial weather data
added
(a)
added
Establishment— Not later than September 30, 2027, the Secretary of the Air Force shall establish a program of record of the Department of the Air Force to—
(1)
added
acquire and use commercial weather data to—
(A)
added
support operational weather forecasting; and
(B)
added
enhance mission planning and execution in data-sparse and contested environments;
(2)
added
integrate such commercial weather data and related systems into meteorological and decision support frameworks of the Air Force; and
(3)
added
ensure resilience against adversarial advancements in space-based environmental monitoring.
(b)
added
Submission to Congress— Not later than March 1, 2026, the Secretary of the Air Force shall submit to the congressional defense committees, with respect to the program of record to be established under subsection (a), the following:
(1)
added
A transition plan for the adoption of such program of record, including projected costs and funding requirements over the period covered by the program objective memorandum process for fiscal years 2027 through 2031.
(2)
added
An acquisition strategy for such program of record, including an outline of potential middle tier of acquisition pathways or major capability acquisition pathways (as such term is defined in Department of Defense Instruction 5000.85, titled “Major Capability Acquisition” and issued on August 6, 2020 (or successor instruction)).
(3)
added
A budget justification for inclusion of such program of record in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2027, to secure sustained funding.
Sec. 318
Pilot program on Navy installation nuclear energy
added
(a)
added
Pilot program required— Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall carry out a ten-year pilot program at one or more naval installations for the purpose of determining how small modular reactors or mobile reactors could be used—
(1)
added
to meet the coastal installation energy needs of the Navy during the ten-year period beginning on the date of the enactment of this Act; and
(2)
added
to inform the development of concepts for the use of nuclear power facilities to support increased energy security for Navy and Marine Corps installations.
(b)
added
Installation prioritization— In selecting naval installations for the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall prioritize an installation that—
(1)
added
has entered into, as of the date of the enactment of this Act, a memorandum of agreement with a private power provider to explore the use of a small modular reactor or mobile reactor for installation energy requirements; and
(2)
added
contributes support to naval operational forces in the mid-Atlantic region.
(c)
added
Public-private partnerships—
(1)
added
Available infrastructure— The Assistant Secretary of the Navy for Energy, Installations, and Environment may carry out the pilot program required by subsection (a) by assessing and making recommendations regarding how to make available the facilities of a Navy or Marine Corps program selected for participation in the pilot program.
(2)
added
Data centers— As part of the pilot program, the Assistant Secretary shall evaluate and make recommendations regarding how to make available Navy or Marine Corps facilities to co-locate data centers with the assessed, representative small modular reactors or mobile reactors.
(3)
added
Contracts— The pilot program does not require the Secretary of the Navy to enter into any new contract, such as an energy savings performance contract.
(d)
added
Reporting requirements—
(1)
added
Annual report— In each report submitted under section 2925 of title 10, United States Code, during the period beginning on the date that is one year after the date of enactment of this Act and ending on September 30, 2032, the Secretary of the Navy shall include, for the year covered by the report, each of the following:
(A)
added
A five-year funding plan for all Navy nuclear shore and installation power programs for the Navy, including nuclear efforts provided for in the context of the Navy Shore Energy Program and any identified funding shortfalls.
(B)
added
An identification of authorities required and remaining barriers to the provision of nuclear power from a military installation to civilian energy grids.
(C)
added
A review of lessons learned from related efforts conducted by the other military departments, the Defense Innovation Unit, and any other entities the Secretary considers relevant.
(D)
added
An analysis of efforts taken by the Navy to use nuclear power on Navy installations to support data center power demands.
(E)
added
Any other details the Secretary of the Navy considers relevant.
(2)
added
Final report— Upon conclusion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, or include in the report required under section 2925 of title 10, United States Code, for the fiscal year during which the pilot program concludes, the following:
(A)
added
An identification of the funding that would be required to convert the pilot program to a program of record.
(B)
added
An identification of all available funding provided in the budget of the Navy for the fiscal year during which the report is submitted for nuclear power at Navy and Marine Corps installations.
(e)
added
Early termination— The Secretary of the Navy may terminate the pilot program before the expiration of the five-year period referred to in subsection (a) if the Secretary provides notice of such early termination to the congressional defense committees.
Sec. 319
Pilot program to install propane-powered generators at a domestic defense industrial base facility
added
(a)
added
Program required— Not later than one year after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations and the Environment shall carry out a pilot program under which the Assistant Secretary shall install propane-powered generators at an organic industrial base facility. Under the pilot program, such generators shall—
(1)
added
be used in tandem with an on-site microgrid in order to improve the resiliency and redundancy of power generation at the facility; and
(2)
added
be powered by conventional or renewable propane.
(b)
added
Definitions— In this section:
(1)
added
The term “microgrid” has the meaning given such term in section 641(b)(6) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(b)(6)).
(2)
added
The term “propane” has the meaning given such term in section 3(6) of the Propane Education and Research Act of 1996 (15 U.S.C. 6402(6)).
(c)
added
Termination— The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 320
Strategy to accelerate remediation of contamination from perfluoroalkyl substances and polyfluoroalkyl substances
added
(a)
added
Strategy— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy to accelerate the remediation efforts of the Department of Defense with respect to contamination from perfluoroalkyl substances or polyfluoroalkyl substances, which shall include—
(1)
added
criteria of the Department for the prioritization of military installations and National Guard facilities with respect to which such efforts are planned or underway, based on relative risk to human health, demonstrated environmental impact, and proximity to any community affected, or at risk of being affected, by such contamination;
(2)
added
timelines for completing each phase of the cleanup process under CERCLA with respect to such contamination for each such military installation or National Guard facility;
(3)
added
a plan for deploying additional technologies, personnel, or other resources to reduce delays to such remediation efforts, including an identification of—
(A)
added
the number of laboratories accredited by the environmental laboratory accreditation program of the Department to test for the presence of perfluoroalkyl substances and polyfluoroalkyl substances; and
(B)
added
the number of laboratories in the process of being so accredited; and
(4)
added
benchmarks for evaluating the performance of each military department or Defense Agency with respect to response efforts to address contamination from perfluoroalkyl substances and polyfluoroalkyl substances.
(b)
added
Public dashboard— Not later than one year after the date of the enactment of this Act, the Secretary shall publish on a publicly accessible website of the Department an online dashboard that provides information on the actions of the Department, including each military department, relating to contamination from perfluoroalkyl substances and polyfluoroalkyl substances. The dashboard shall be updated on a semiannual basis and shall include a summary of—
(1)
added
funding levels and expenditures relating to response efforts to address such contamination, dissagregated by each military installation or National Guard facility with respect to which such efforts are planned or underway;
(2)
added
the status of response efforts to address such contamination under the applicable phase of the cleanup process under CERCLA, including the status of any interim removal actions, at each such site;
(3)
added
projected and actual timelines for the completion of remediation with respect to such contamination at each such site; and
(4)
added
points of contact for community engagement.
(c)
added
Definitions— In this section:
(1)
added
The terms “CERCLA”, “National Guard facility”, “removal”, and “response” have the meanings given those terms in section 2700 of title 10, United States Code.
(2)
added
The term “Defense Agency” has the meaning given such term in section 101(a) of title 10, United States Code.
Sec. 331
Extension of authorization of depot working capital funds for unspecified minor military construction
added
added
Section 2208(u)(4) of title 10, United States Code, is amended by striking “September 30, 2025” and inserting “September 30, 2027”.
Sec. 332
Designation of senior officials responsible for integration of global contested logistics posture management
added
(a)
added
Designation of senior military department officials— Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2229b. Responsibility for contested logistics posture management
added
“(a) Designation of responsible official—The Chair of the Joint Chiefs of Staff shall designate the member or employee of the Joint Staff with primary responsibility for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational contract to serve as the official within the Department with principal responsibility for the integration of global contested logistics posture management across the military departments. In carrying out such responsibility, such official shall coordinate with the senior military department officials designated under subsection (c).
added
“(b) Responsibilities—The official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following:
added
“(1) The locations of sites outside the continental United States at which stocks of supplies and equipment as well as the composition of those stocks.
added
“(2) The provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater.
added
“(3) The monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies.
added
“(4) The identification of shortcomings in the provision of resources identified in paragraphs (2) and (3).
added
“(c) Senior military department officials
added
“(1) Each secretary of a military department shall designate, from among officials serving in the department, an official to have principal responsibility for contested logistics posture management for that department.
added
“(2) Each senior official designated under paragraph (1) shall be responsible for—
added
“(A) ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by—
added
“(i) establishing or arranging for access to locations through which supplies and equipment can be provided to such forces;
added
“(ii) developing any necessary infrastructure; and
added
“(iii) to the extent feasible, prepositioning supplies and equipment at such locations; and
added
“(B) ensuring that the logistics capabilities described in subparagraph (A) meet the requirements of the operational and contingency plans of such forces.
added
“(3) Each senior official designated under paragraph (1) may designate an official of the military department concerned to serve as a deputy to assist the senior official in carrying out the responsibilities under this section.
added
“(d) Contested logistics posture strategy
added
“(1) The official designated under subsection (a), in coordination with each senior official designated under subsection (b) and any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (c)(2).
added
“(2) The strategy required under paragraph (1) shall include each of the following:
added
“(A) A description of—
added
“(i) the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy;
added
“(ii) the status and disposition of such prepositioned stocks; and
added
“(iii) the operational or contingency plan such stocks are intended to support.
added
“(B) An identification of—
added
“(i) any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and
added
“(ii) any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans.
added
“(C) A description of any additional funding or other resources required—
added
“(i) to address the shortcomings identified under subparagraph (B)(i); and
added
“(ii) to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii).
added
“(D) A prioritized list of investment recommendations for each item described in subparagraph (C).
added
“(E) An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location.
added
“(F) An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans.
added
“(3) The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis.”
(b)
added
Deadline for designation— Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall make the designation required under section 2229b(b) of title 10, United States Code, as added by subsection (a).
(c)
added
Deadline; reports—
(1)
added
Deadline— The development of the strategy required under subsection (d) of section 2229b of title 10, United States Code, as added by subsection (a), shall be completed by not later than January 31, 2027.
(2)
added
Initial report— Not later than 180 days after the date of the enactment of this Act, the official designated under subsection (a) of such section 2229b shall submit to the congressional defense committees a report that includes—
(A)
added
the names of the officials designated under subsection (b) of such section; and
(B)
added
a plan for the completion of the development of the strategy required under subsection (d) of such section.
(3)
added
Biennial interim reports— During the period beginning on the date of the submission of the initial report under paragraph (2) and ending on the date of the completion of the development of the strategy required under subsection (d) of such section 2229b, the official designated under subsection (a) of such section shall submit to the congressional defense committees semi-annual reports each of which shall include—
(A)
added
an update on the progress made toward the completion of the development of the strategy; and
(B)
added
an assessment of the progress of the official with respect to the responsibilities of the official under subsection (b) of such section.
Sec. 333
Modification of minimum capital investment for certain depots of Department of Defense
added
added
Section 2476(a)(1) of title 10, United States Code, is amended by striking “the preceding three fiscal years” and inserting “the preceding fiscal year, the current fiscal year, and the estimated amount for the following fiscal year”.
Sec. 335
Modification to annual report on Navy Shipyard Infrastructure Optimization Program
added
added
Section 355(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note) is amended by inserting “and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms” before “; and”.
Sec. 336
Strategy to improve infrastructure of certain depots of the Department of Defense
added
added
Section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2476 note) is amended—
(1)
added
by striking subsection (c); and
(2)
added
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Sec. 337
Pilot program for arsenal workload sustainment
added
(a)
added
Establishment of pilot program— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to incentivize public-private partnerships at arsenals of the Department of the Army, to be known as the “Arsenal Workload Sustainment Pilot Program” (in this section referred to as the “pilot program”).
(b)
added
Prioritization—
(1)
added
In general— In carrying out the pilot program, the Secretary shall prioritize the award of a contract to a non-public partner that will use a Government owned, Government controlled arsenal of the Department of the Army.
(2)
added
Selection— The Secretary shall select to participate in the pilot program non-public partners that the Secretary determines demonstrate that the performance of any work under the pilot program shall be performed equally by employees of the Department of Defense and the non-public partner.
(c)
added
Regulations— Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement subsection (b).
(1)
added
Submission— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the activities conducted under the pilot program, including a description of any operational challenges identified in the course of such conduct.
(2)
added
Elements— The report under paragraph (1) shall include the following:
(A)
added
A breakout, by relevant budget account, of the workload achieved during the prior fiscal year at each Government owned, Government controlled arsenal of the Department of the Army for which a contract was awarded under the pilot program, whether directly or pursuant to such contract.
(B)
added
An assessment of relevant budget accounts where any such arsenal may be used to meet future procurement needs of the Department of Defense, irrespective of cost.
(C)
added
An outlook of expected workload at each such arsenal during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code.
(D)
added
The capital investments required to be made at each such arsenal to ensure compliance and operational capacity.
(e)
added
Termination— The authority to carry out the pilot program shall terminate on the date that is five years after the date of the establishment of the pilot program.
(f)
added
Non-public partner defined— In this section, the term “non-public partner” means an entity, individual, university, or nonprofit organization that is not part of the United States Government.
Sec. 338
Depot-level maintenance coordination in multinational exercises
added
(a)
added
In general— Each year, the Secretary of the Air Force shall incorporate in at least one multinational exercise conducted in the area of operations of the United States Indo-Pacific Command—
(1)
added
depot-level maintenance, repair, and sustainment considerations, including binational or multinational planning sessions with covered nations on—
(A)
added
identifying opportunities to cooperate on depot-level maintenance and repair in ways that minimize transportation requirements in such area of operations and determining the authorities necessary to deliver the necessary joint capabilities;
(B)
added
facilitating real-time coordination between the United States and covered nations to maintain munitions stock levels and resupply routes in the such area of operations;
(C)
added
mutual recognition of airworthiness and maintenance certification between the United States and covered nations; and
(D)
added
emergency tabletop exercises, such as when an aircraft of a covered nation breaks down on United States territory, and vice versa, in a contested logistics environment; and
(2)
added
coordination with the Air Force Sustainment Center, including the participation of representatives of—
(A)
added
the United States Indo-Pacific Command;
(B)
added
United States Air Force Pacific;
(C)
added
the United States Air Mobility Command; and
(D)
added
the Air Force Sustainment Center.
(b)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report summarizing the lessons learned from carrying out an exercise in accordance with subsection (a) with respect to the Republic of Korea and the Commonwealth of Australia. Such report shall include each of the following:
(1)
added
A list of candidate systems for co-sustainment with Korea and Australia.
(2)
added
A list of depot-level repair workload opportunities to undertake with Korea and Australia, including testing equipment or line replaceable units.
(3)
added
Opportunities to incorporate Korean and Australian industry partners in depot-level maintenance repair activities, including through public-private partnerships.
(4)
added
An identification of any potential logistical challenges that could arise with the host country, including with respect to workforce, housing, and location of workload.
(5)
added
An identification of any potential impediments involving intellectual property or data rights between original equipment manufacturers and the Department of the Air Force or between the Department of the Air Force and named partner countries.
(6)
added
An identification of any potential impediments related to the International Traffic in Arms Regulations and related statutes.
(7)
added
Any additional recommendations to Congress that would ease the facilitation of depot-level maintenance repair partnerships with Korea and Australia, including changes to existing status of forces agreements.
(8)
added
An analysis of current maintenance and repair capabilities and gaps in the organic industrial base of Korea and Australia.
(9)
added
An assessment of the types of maintenance and repair activities (depot-level, preventative, corrective) that may be most appropriate for partnership with Korea and Australia.
(10)
added
An assessment of how partnerships may contribute to allied contingency operations, interoperability, and regional posture resilience in the Indo-Pacific region.
(11)
added
A consideration of planning factors related to the evolving force generation models, future-generation aircraft programs, deployment schedules, statutory maintenance thresholds, and other relevant operational requirements of the Department of the Air Force.
(c)
added
Covered nation defined— In this section, the term “covered nation” means any of the following:
(1)
added
The Commonwealth of Australia.
(5)
added
The Republic of Korea.
(6)
added
The United Kingdom of Great Britain and Northern Ireland.
(7)
added
Any other nation designated a covered nation for the purposes of this section by the Secretary of the Air Force.
Sec. 339
Maintenance inspection capabilities and requirements
added
(a)
added
Requirement— Subject to the requirements of subsection (b), the Secretary of Defense shall ensure that when the Department of Defense conducts maintenance of aviation critical safety items and mission critical parts, such maintenance—
(1)
added
includes the use of a technical data requirement or organic or commercially available diagnostic tool, if such a requirement or tool is required and available; and
(2)
added
is not conducted solely through visual inspection unless—
(A)
added
no such requirement or tool is available; or
(B)
added
only a visual inspection is required under a technical data requirement.
(b)
added
Sustainment— The Secretary shall ensure that the acquisition of appropriate technical data requirements and diagnostic tools for the conduct of maintenance of aviation critical safety items and mission critical parts are planned as part of the sustainment of the systems containing such items and parts.
(c)
added
Definitions— In this section:
(1)
added
The term “aviation critical safety item” means any part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system the failure, malfunction, or absence of which could cause—
(A)
added
a catastrophic or critical failure resulting in the loss of or serious damage to the aircraft or weapon system;
(B)
added
an unacceptable risk of personal injury or loss of life; or
(C)
added
an uncommanded engine shutdown that jeopardizes safety.
(2)
added
The term “corrosion” means the deterioration of a material or its properties, including non-metallic materials, due to a reaction of that material with the chemical environment.
(3)
added
The term “diagnostic tool” means a non-destructive inspection tool capable of—
(A)
added
detecting corrosion, cracks, component damage, adhesion failure, and standard wear and tear; and
(B)
added
leveraging artificial intelligence and machine learning to build a predictive maintenance database when necessary to improve maintainability.
Sec. 340
Joint Strike Fighter sustainment
added
(a)
added
Requirements— By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that—
(1)
added
sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to—
(A)
added
sustain F-35 Joint Strike Fighter operations for at least 90 days in the most stressing operational plan required of each such Secretary; and
(B)
added
meet the fleet wide minimum readiness targets established by each such Secretary; and
(2)
added
each F-35 Joint Strike Fighter contractor has provided to the Secretary of the Navy or the Secretary of the Air Force, as applicable, and such Secretary has validated as accurate, all information that is necessary for the Department of Defense to successfully complete the financial reporting and accountability requirements for F-35 property, including—
(A)
added
the incorporation of information relating to the management and reporting of Government property that has been provided for contractor performance, as defined and agreed upon in the contract entered into by the contractor; and
(B)
added
the remediation of all material weaknesses of the F-35 Joint Strike Fighter Program identified in the Department of Defense Agency Financial Report for Fiscal Year 2024 that are within the control and responsibility of the contractor.
(b)
added
Treatment of individual contracts— The information required under subsection (a)(2) may be provided on an individual contract basis.
(c)
added
Waiver— The Secretary may waive a requirement under subsection (a) if the Secretary—
(1)
added
determines that such waiver is in the national security interests of the United States; and
(2)
added
provides to the congressional defense committees notice of such determination, which shall include an identification of the concern of the Secretary, a remedial action plan, and a proposed timeline to meet the requirements of such subsection.
(d)
added
Report— Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following:
(1)
added
The top scarce supply assets and plans to reach sustainable supply positions by not later than September 30, 2028.
(2)
added
The readiness condition of afloat and deployment spares packages and efforts available to refresh outdated supplies and spares.
(3)
added
The fiscal programming, by fiscal year, necessary to reduce deficient parts and depot capabilities to meet the joint strike fighter planning targets by not later than September 30, 2028.
Sec. 341
Modernization of Army arsenals
added
(a)
added
In general— In order to accelerate the modernization of the organic industrial base of the Army and to expand capacity across the munitions industrial base to meet the munitions requirements of the Army, the Secretary of the Army shall—
(1)
added
assess existing Army facilities, as well as existing environmental permits, security arrangements, and personnel, to identify facilities that could be used or modified for the production of munitions; and
(2)
added
in identifying facilities under paragraph (1), ensure that such facilities have enough property that is available and suitable for future industrial or technical development.
(b)
added
Sense of Congress— It is the sense of Congress that the Secretary should expedite the use or modification of Army facilities to the fullest extent possible in order to increase the rate of production of munitions.
Sec. 342
Limitation on use of funds to reduce the number of civilian personnel employed at Pine Bluff Arsenal, Arkansas, and Red River Army Depot, Texas
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to reduce the number of civilian personnel employed at the Pine Bluff Arsenal, Arkansas, or Red River Army Depot, Texas, until the date on which the Secretary of the Army—
(1)
added
certifies to the congressional defense committees that such a reduction complies with—
(A)
added
civilian personnel reduction limitations required by section 2687 of title 10, United States Code;
(B)
added
the requirement under section 7532 of title 10, United States Code, to have supplies needed for the Department of the Army made in factories or arsenals owned by the United States; and
(C)
added
overall limitations on depot-level maintenance and repair workload that may be performed by non-Federal Government personnel under a contract pursuant to section 2466 of title 10, United States Code; and
(2)
added
submits to the congressional defense committees a report that includes—
(A)
added
a detailed cost analysis associated with each of subparagraphs (A) through (C) of paragraph (1);
(B)
added
detailed estimates of the costs that will be incurred if the Army moves the white phosphorus ammunition mission away from Pine Bluff Arsenal, including the cost and time associated with acquiring the necessary environmental permits; and
(C)
added
current capability gaps within the Army that could be filled through the Army organic industrial base, including with respect to s-UAS, battery technology, and brushless motors.
Sec. 351
Establishment of Army museum system
added
added
Chapter 775 of title 10, United States Code, is amended by adding at the end the following new section:
added
“7715. Army museum system
added
“(a) In general—The Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b).
added
“(b) Criteria for designation—The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include—
added
“(1) historical significance to Army operations, technology, or personnel;
added
“(2) public accessibility and educational outreach programs; and
added
“(3) alignment with the mission of the Army to preserve its heritage.
added
“(c) Criteria for closure—The Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes—
added
“(1) a plan for the preservation, storage, or alternate display of historical collections contained in the museum;
added
“(2) how any issues relating to museum personnel will be resolved;
added
“(3) an identification of any efforts to maintain museum operations through public-private partnerships; and
added
“(4) an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum.
added
“(d) Funding and support—Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system.”
Sec. 352
Authorization to maintain a library in the Department of the Navy
added
added
Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:
added
“8030. Library
added
“(a) Authorization—The Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Navy.
added
“(b) Mission—The mission of a library maintained under this section shall include—
added
“(1) collecting and preserving naval historical records, manuscripts, artifacts, and publications;
added
“(2) supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy;
added
“(3) enhancing the institutional knowledge and operational readiness of the Navy through access to technical, strategic, and doctrinal resources; and
added
“(4) promoting public understanding of the contributions of the Navy to national defense and maritime history.”
Sec. 353
Authorization to maintain a Navy art gallery
added
added
Chapter 803 of title 10, United States Code, as amended by section 352, is further amended by adding at the end the following new section:
added
“8030A. Art gallery
added
“(a) Authorization—The Secretary of the Navy may maintain an art gallery to preserve, display, and promote artwork related to the history, heritage, and operations of the United States Navy.
added
“(b) Mission—The mission of an art gallery maintained under subsection (a) shall include—
added
“(1) to collect and exhibit artworks, including paintings, drawings, and sculptures, that depict naval operations, personnel, and significant historical events;
added
“(2) to enhance the morale and welfare of Navy personnel by celebrating their service through artistic representation; and
added
“(3) to educate the public and preserve the cultural legacy of the Navy for future generations.”
Sec. 354
Establishment of United States Navy Museum System
added
added
Chapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section:
added
“8617A. United States Navy Museum System
added
“(a) In general—The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the “United States Navy Museum System”. Such system shall include the following museums:
added
“(1) The National Museum of the United States Navy.
added
“(2) The United States Naval Academy Museum.
added
“(3) The Naval War College Museum.
added
“(4) The Submarine Force Museum.
added
“(5) The National Naval Aviation Museum.
added
“(6) The USS Constitution Museum.
added
“(7) The United States Navy Seabee Museum.
added
“(8) The Puget Sound Navy Museum.
added
“(9) The Naval Undersea Museum.
added
“(10) The National Museum of the American Sailor.
added
“(11) Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b).
added
“(b) Criteria for designation—The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (10) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include—
added
“(1) historical significance to naval operations, technology, or personnel;
added
“(2) public accessibility and educational outreach programs; and
added
“(3) alignment with the mission of the Navy to preserve its heritage.
added
“(c) Funding and support—Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System.”
Sec. 355
Establishment of Center for the Study of the National Guard
added
(a)
added
Establishment— Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:
added
“116. Center for the Study of the National Guard
added
“(a) Establishment—The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the “Center for the Study of the National Guard” at an appropriate academic institution that—
added
“(1) maintains an established relationship with the National Guard Bureau;
added
“(2) possesses a strong academic program in military history; and
added
“(3) is situated in proximity to a major National Guard installation.
added
“(b) Responsibilities—The Center for the Study of the National Guard shall—
added
“(1) serve as the principal repository for historical documents, oral histories, and other records related to the National Guard;
added
“(2) conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard;
added
“(3) facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and
added
“(4) support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under titles 10 and 32, United States Code.
added
“(c) Collaboration and support—The Chief of the National Guard Bureau may—
added
“(1) collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history;
added
“(2) provide historical documents, records, and resources to support the research and archival efforts of the Center; and
added
“(3) facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness.
added
“(d) Public-private partnership—The Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government.”
(b)
added
Deadline for establishment— The Secretary of Defense shall establish the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act.
(c)
added
Congressional briefing— Not later than one year after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing that includes—
(1)
added
a description of the selection of the academic institution where the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), is located;
(2)
added
an identification of the status of the establishment and initial operations of the Center;
(3)
added
a description of any ongoing efforts between the National Guard Bureau and the Center; and
(4)
added
the recommendations of the Secretary to enhance the preservation and study of National Guard history.
Sec. 356
Recognition of certain aspects of the National Navy UDT–SEAL Museum in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial
added
added
The Secretary of the Navy shall recognize the National Navy SEAL Museum Memorial, the Memorial Garden and Living Beach, and the Naval Special Warfare K9 Memorial of the National Navy UDT–SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial, respectively, of the Navy SEALs.
Sec. 361
Assessments and plan for increasing access to nutritious food on military installations
added
(1)
added
Requirement— Chapter 23 of title 10, United States Code, is amended by inserting after section 488 the following new section:
added
“489. Biennial assessments on nutrition standards of military departments
added
“On a biennial basis, the Secretary of Defense shall—
added
“(1) conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department;
added
“(2) submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and
added
“(3) publish such report on a publicly available website of the Department of Defense.”
(2)
added
First report— Not later than December 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and publish on a publicly available website of the Department of Defense, the first report required under section 489 of title 10, United States Code, as added by paragraph (1).
(1)
added
Requirement— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Assistant Secretary of Defense for Manpower and Reserve Affairs and such other entities as the Secretary of Defense determines appropriate, shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate and publish on a publicly available website of the Department of Defense a plan to increase access to nutritious food on military installations, consistent with recommendations included in the report of the Government Accountability Office titled “DOD Food Program: Additional Actions Needed to Implement, Oversee, and Evaluate Nutrition Efforts for Service Members”, and dated June 24, 2024 (GAO–24–106155).
(2)
added
Elements— The plan under paragraph (1) shall include a strategy developed by the Assistant Secretary of Defense for Manpower and Reserve Affairs for increasing nutritious menu options at venues that are located on military installations, offer food services to members of the Armed Forces, and are not funded with appropriated amounts (referred to in the report specified in such paragraph as “nonappropriated fund food venues”).
Sec. 362
Quarterly reports on munitions response projects at sites formerly used by the Department of Defense
added
(a)
added
In general— Not later than 30 days after the last day of each fiscal quarter that begins after the date of the enactment of this Act, until the termination date specified in subsection (c), the Secretary of the Army, acting through the Commanding General of the United States Army Corps of Engineers, shall submit to the congressional defense committees a report on the status of munitions response projects at sites formerly used by the Department of Defense.
(b)
added
Elements— Each report submitted under subsection (a) shall include, for the quarter covered by the report, the following information:
(1)
added
The number of new task order awards for munitions response projects at sites formerly used by the Department of Defense issued and the total dollar value of such awards.
(2)
added
The number of optional tasks exercised as part of such projects and the total dollar value of such exercised tasks.
(3)
added
The number of contract modifications or requests for equitable adjustment issued as part of such projects and the total dollar value of such modifications and adjustments.
(4)
added
The number of task orders for such projects with expiring funds and the total value of any associated deobligations.
(5)
added
The number of active munitions response projects at such sites and the contract phase of each project, including whether the project is in the remedial investigation, feasibility study, proposed plan, or decision document or record of decision phase.
(6)
added
The number of active such projects placed on hold and, for each such project, a summary of the reason for the hold, including delays related to regulatory agencies, rights-of-entry issues, Federal land manager actions, or discrepancies in the number of subsurface anomalies between the statement of work and field conditions.
(c)
added
Termination date— The termination date specified in this subsection is the date that is five years after the date of the enactment of this Act.
Sec. 363
Report on causes and effects of declining aircraft readiness rates
added
(a)
added
Report required— Not later than May 31, 2026, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the declining rates of aircraft readiness within the fleet of the Air Force (with an emphasis on fighter aircraft within such fleet) and factors contributing to that decline. Such report shall include, with respect to such aircraft, the following:
(1)
added
A review of mission capability rates over the five fiscal years preceding the date of the submission of the report, including an assessment of key factors contributing to any decline in such rates, such as maintenance backlogs, shortages in aircraft parts, or depot capacity constraints.
(2)
added
An analysis of the manner and extent to which reductions to the flying hours program of the Air Force or gaps in funding for weapon system sustainment activities may have contributed to lower sortie generation, increased aircraft downtime, and declining rates of aircraft readiness in general.
(3)
added
An assessment of how personnel and units of the Air Force communicate aircraft status for operations and maintenance purposes, including any discrepancies between pilot debriefs, maintenance write-ups, and data recorded in the Defense Readiness Reporting System of the Department of Defense.
(4)
added
An assessment of how high-tempo rotational deployments strain the availability of aircraft, accelerate the degradation of aircraft, and affect the long-term readiness of the fleet.
(5)
added
An analysis of how low rates of aircraft readiness negatively affect the training and readiness of new fighter pilots, including by limiting training opportunities, reducing instructor availability, and generating operational shortfalls.
(6)
added
Proposed actions to reverse the declining rates of aircraft readiness, improve the effectiveness of aircraft sustainment, and ensure more accurate readiness reporting, including any recommendations for relevant legislative actions.
(b)
added
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 364
Driver simulators in military vehicles
added
(a)
added
Findings— Congress makes the following findings:
(1)
added
The report of the Government Accountability Office titled “Military Vehicles: Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” (GAO-21-361) stated, “Driver inattentiveness, lapses in supervision, and lack of training were among the most common causes of these accidents, according to GAO analysis of Army and Marine Corps data.”
(2)
added
Such report further determined that the Army and Marine Corps, “have not developed a well-defined process with performance criteria and measurable standards to train their tactical vehicle drivers from basic qualifications to proficiency in diverse driving conditions, such as driving at night or over varied terrain.”
(b)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
acquisition program baseline budget requests submitted in the budget submission of the President for manned military ground vehicles should include funding specifically allocated to the development, procurement, fielding, and sustainment of driver training simulators with sufficient fidelity to provide accurate visual, auditory, haptic, tactile, and vestibular stimulation to the trainee learning to operate the vehicle; and
(2)
added
driver training simulators should be—
(A)
added
incorporated into the lifecycle support for ground vehicles and should adequately simulate all of the environmental conditions in which drivers will be required to operate military ground vehicles in support of the tactical concept of employment of those vehicles;
(B)
added
available for both initial entry level driver training and for periodic sustainment training of military vehicle drivers; and
(C)
added
available for each vehicle type in sufficient enough numbers at each military installation to support driver training for the number of licensed drivers at the installation until such vehicle type is removed from service.
(c)
added
Report to Congress— Not later than March 1, 2026, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report containing an assessment of fielded military vehicle programs for which no driver simulator has been fielded to support the vehicle fleet. Such report shall include an updated cost analysis requirement document that includes necessary programming for driver simulators and a phasing plan for the procurement and fielding of driver simulators.
Sec. 371
Authority to evacuate family pets and contract working dogs during noncombatant evacuations of foreign countries
added
added
Section 2387 of title 10, United States Code, is amended—
(1)
added
in the section heading, by striking “: requirement to transfer animals to 341st Training Squadron after service life”;
(2)
added
in the heading for subsection (a), by striking “In general” and inserting “Requirement to transfer”;
(3)
added
by redesignating subsection (c) as subsection (d); and
(4)
added
by inserting after subsection (b) the following new subsection (c):
added
“(c) Authority to evacuate
added
“(1) Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of—
added
“(A) the family pets of citizens of the United States who are evacuated by the Department; and
added
“(B) contract working dogs located in such country.
added
“(2) The limitations under this paragraph are as follows:
added
“(A) The Department of Defense is not responsible for providing veterinary care for a family pet or contract working dog by reason of the evacuation of the pet or dog pursuant to paragraph (1).
added
“(B) The Secretary may not exercise the authority under paragraph (1) if the exercise of such authority would result in a reduction in the number of individuals who would otherwise be evacuated.”
Sec. 372
Manned rotary wing aircraft safety
added
added
Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2653. Aircraft safety: requirements for highly trafficked domestic airspace
added
“(a) Limitation on operation—Notwithstanding section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C. 40101 note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft.
added
“(b) Waiver authority—The Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that—
added
“(1) such waiver is in the national security interests of the United States; and
added
“(2) a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation.
added
“(c) Limitation on delegation—The Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer.
added
“(d) Definition of highly trafficked domestic airspace—The term “highly trafficked domestic airspace” means—
added
“(1) the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation; or
added
“(2) an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49.”
Sec. 373
Inclusion of territories in certain intergovernmental support agreements for installation-support services
added
added
Section 2679(f)(3) of title 10, United States Code, is amended—
(1)
added
by striking “and” before “the United States Virgin Islands”; and
(2)
added
by inserting “the State of Yap of the Federated States of Micronesia, and the Republic of Palau,” after “Virgin Islands,”.
Sec. 374
Transportation of domestic animals by foreign air carrier
added
(a)
added
In general— Notwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Secretary of Defense is authorized to pay for the transportation by a foreign air carrier of Department of Defense personnel and any in-cabin or accompanying checked baggage or cargo if—
(1)
added
no air carrier holding a certificate under section 41102 of such title 49 is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and
(2)
added
the transportation is from a place—
(A)
added
outside the United States to a place in the United States;
(B)
added
in the United States to a place outside the United States; or
(C)
added
outside the United States to another place outside the United States.
(b)
added
Limitation— An amount paid pursuant to subsection (a) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount.
(c)
added
Domestic animal defined— In this section, the term “domestic animal” means a dog or a cat.
Sec. 375
Adjustment and diversification assistance for State and local governments affected by Army Transformation Initiative
added
(a)
added
Provision of assistance— Beginning not later than 30 days after the date of the enactment of this Act, subject to the availability of appropriations for such purpose, the Secretary of Defense may provide adjustment and diversification assistance, pursuant to section 2391(b) of title 10, United States Code, to State and local governments affected by the actions taken under the Army Transformation Initiative with respect to—
(1)
added
Red River Army Depot, Texas;
(2)
added
Pine Bluff Arsenal, Arkansas; and
(3)
added
such other Army installations as are identified by the Secretary.
(b)
added
Report— Not later than 60 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1)
added
an identification of the amount of adjustment and diversification assistance anticipated to be provided during fiscal year 2026 to State and local governments for each Army installation; and
(2)
added
an identification of options to address any capability gaps of the Army that could be filled through the Army organic industrial base.
Sec. 376
Availability of milk at dining facilities on military installations
added
(a)
added
In general— The Secretary of Defense shall ensure that milk is available to members of the Armed Forces at dining facilities on military installations.
(b)
added
Prohibition— The Secretary may not, to carry out this section, purchase milk from an entity owned or controlled by a foreign adversary, as determined by the Secretary of Commerce under section 7.4 of title 15, Code of Federal Regulations (or any successor regulation).
(c)
added
Definition of milk— In this section, the term “milk” has the meaning given such term in section 133.3 of title 21, Code of Federal Regulations (or any successor regulation) and includes fluid or powdered milk.
Sec. 377
Minimum standards for military working dog kennels and facilities
added
(a)
added
Establishment of Minimum Standards— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of each military department, veterinary experts, and military working dog program managers, shall establish and implement minimum standards for kennels and other facilities used to house military working dogs. Such minimum standards shall include each of the following:
(1)
added
Requirements for space and design to ensure each military working dog has sufficient space to stand, turn around, lie down comfortably, and engage in natural behaviors.
(2)
added
Standards for environmental conditions to ensure adequate ventilation, temperature control, and protection from extreme weather conditions.
(3)
added
Standards for sanitation and hygiene to ensure kennels and other facilities can be easily cleaned and disinfected.
(4)
added
Requirements related to safety and security to prevent military working dogs from escaping and being injured and preventing access to kennels and other facilities by unauthorized individuals.
(5)
added
Standards for access to veterinary care to address the routine and emergency medical care needs of military working dogs, either at a military veterinary treatment facility or through sufficient on-site veterinary capabilities.
(6)
added
Requirements related to daily access to exercise areas.
(7)
added
Required annual inspections to ensure compliance with such standards.
(8)
added
Such other standards and requirements as the Secretary of Defense determines are appropriate.
(b)
added
Implementation and Compliance—
(1)
added
Existing facilities—
(A)
added
Assessment— Not later than one year after the date of the establishment of the standards required under subsection (a), the Secretary of Defense, acting through the Executive Agent for the Department of Defense Military Working Dog Program, shall ensure that each kennel and other facility used to house military working dogs under the jurisdiction of the Department of Defense are assessed to determine the extent to which such kennels and facilities are in compliance with such standards.
(B)
added
Modification— Not later than three years after the date of the enactment of this Act, the Secretary, acting through the Executive Agent, shall ensure that each such kennel and facility is modified to the extent required to comply with such standards.
(2)
added
New Facilities— The Secretary, acting through the Executive Agent, shall ensure that any kennel or other facility used to house military working dogs under the jurisdiction of the Department that is constructed or renovated after the date of enactment of this Act is in compliance with such standards before such kennel or facility is used to house such a military working dog.
(c)
added
Waiver Authority— The Secretary of Defense may waive a specific requirement or standard developed under subsection (a), on a case-by-case basis, if the Secretary determines that such a waiver is required to provide for a temporary deployment or exigent circumstances. The Secretary may not issue a waiver under this subsection unless the Secretary—
(1)
added
provides for the implementation of alternative measures to ensure the welfare of any dogs affected by the waiver; and
(2)
added
submits to the Committees on Armed Services of the Senate and House of Representatives a report containing notice of the waiver, a justification for such waiver, and a description of the alternative measures provided under paragraph (1).
Sec. 378
Restroom access at military installations for certain transportation service providers
added
(a)
added
Restroom access— The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom—
(1)
added
located at or in close proximity to the covered location;
(2)
added
to which any covered driver, while providing a transportation protective service involving the transport of sensitive cargo to or from the covered location on behalf of the Department of Defense, is authorized access;
(3)
added
that to the extent practicable, provides for privacy, hand washing, accessibility, and gender-specific needs; and
(4)
added
in the case of a portable restroom, that is vented and equipped with adequate lighting (which may be achieved through supplementation with a temporary lighting source, as necessary).
(b)
added
Location— The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in—
(1)
added
a security risk, as determined by the Secretary;
(2)
added
a health or safety risk to the covered driver; or
(3)
added
a violation of any other regulation or policy of the Department.
(c)
added
Notification of noncompliance— In carrying out subsection (a), the Secretary shall—
(1)
added
establish a process by which a covered driver may provide to the Secretary timely notification of any covered location with respect to which access to a restroom is not provided consistent with such subsection; and
(2)
added
upon receiving such a notification, coordinate with the commander of the military installation concerned or other appropriate officer or employee of the Department to ensure such access is provided.
(d)
added
Definitions— In this section:
(1)
added
The terms “arms, ammunition, and explosives”, “safe haven”, “secure holding area”, “secure holding location”, and “transportation protective service” have the meanings given those terms in the publication of the Military Surface Deployment and Distribution Command of the Department of Defense issued October 4, 2024, and titled “Military Freight Traffic Unified Rules Publication-1 (MFTURP-1)”, or any successor thereto.
(2)
added
The term “commercial motor vehicle” has the meaning given that term in section 31101 of title 49, United States Code.
(3)
added
The term “covered driver” means an operator of a commercial motor vehicle—
(A)
added
authorized to provide a transportation protective service on behalf of the Department of Defense; and
(B)
added
subject to requirements for qualifications and maximum hours of service under section 31502(b) of title 49, United States Code.
(4)
added
The term “covered location” means a safe haven, secure holding area, or secure holding location at a military installation or other facility of the Department of Defense.
(5)
added
The terms “facility” and “military installation” have the meanings given those terms in section 2801(c) of title 10, United States Code.
(6)
added
The term “sensitive cargo” means—
(A)
added
arms, ammunition, and explosives;
(B)
added
classified material; or
(C)
added
any other cargo, or category thereof, the Secretary of Defense determines sensitive for purposes of this section.
Sec. 379
Regulations applicable to wearing optional combat boots
added
(a)
added
In general— Not later than two years after the date of the enactment of this section, the Secretary of Defense shall issue regulations to prohibit any member of the Armed Forces from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of—
(1)
added
materials grown, reprocessed, reused, or produced in the United States; and
(2)
added
components that are manufactured entirely in the United States and entirely made of materials described in paragraph (1).
(b)
added
Waiver— The requirements of subsection (a) may be waived if a member of the Armed Forces provides a medical justification authorized by the commanding officer of such member to wear optional combat boots as part of a required uniform.
(c)
added
Exception— The requirements of subsection (a) shall not apply to a member of the Armed Forces within a combat arms military occupational specialty who is in a deployed status.
(d)
added
Definitions— In this section:
(1)
added
The term optional combat boots, with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense.
(2)
added
The term required uniform means a uniform a member of the Armed Forces is required to wear as a member of the Armed Forces.
Sec. 380
Initiative to control spread of greater banded hornet in Guam
added
(a)
added
In general— The Secretary of Defense shall enhance efforts to manage, control, and interdict the greater banded hornet on military installations in Guam.
(b)
added
Authorized activities— The efforts required under subsection (a) shall include the following:
(1)
added
Carrying out science-based management and control programs to reduce the effect of the greater banded hornet on military installations and to prevent the introduction or spread of the greater banded hornet to areas where such hornet has not yet been established.
(2)
added
Providing support for interagency and intergovernmental response efforts to control, interdict, monitor, and eradicate the greater banded hornet on military installations in Guam.
(3)
added
Pursuing chemical, biological, and other control techniques, technology transfer, and best practices to support management, control, interdiction and, where possible, eradication of the greater banded hornet in Guam.
(4)
added
Establishing an early detection and rapid response mechanism to monitor and deploy coordinated efforts if the greater banded hornet, or an other newly detected invasive alien species, is detected at new sites on military installations in Guam.
(5)
added
Carrying out such other activities as the Secretary determines appropriate to manage, control, and interdict the greater banded hornet on military installations in Guam.
(c)
added
Annual briefings— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the next three years, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of this section, which shall include detailed information about the efforts of the Secretary to manage, control, and interdict the greater banded hornet on military installations in Guam.
Sec. 381
Limitation on use of funds for Army initial entry rotary wing training
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended for the Next Generation Initial Entry Rotary Wing training program (Flight School Next) at Fort Novosel, Alabama, until—
(1)
added
the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a business case analysis that includes an analysis of the Army initial entry rotary wing training currently provided at Fort Novosel, Alabama, and options for changing such training in order to increase the quality of the training, reduce costs, and gain efficiencies; and
(2)
added
the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the business case analysis submitted under paragraph (1).
Sec. 401
End strengths for active forces
added
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2026, as follows:
(a)
removed
Establishment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a consortium (to be known as the “Defense Industrial Resilience Consortium”) to address challenges to and limitations of the industrial base to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
(1)
changed
Membership— Membership in the consortium established under subsection (a) shall be open to relevant entities and individuals from the Government, industry, and academia with an interest in advanced manufacturing or production technologies, fostering domestic industrial innovation, or enabling rapid, scalable solutions to sustain and enhance the availability of essential defense components.The Army, 454,000.
(2)
added
The Navy, 344,600.
(1)
removed
In general— The consortium established under subsection (a) shall provide a forum for the Government, industry, and academia to collaborate on identifying and addressing challenges to and limitations of the industrial base in meeting the needs of the Department of Defense.
(2)
removed
Areas of focus— In identifying and addressing challenges to and limitations of the industrial base, the consortium established under subsection (a) shall focus on—
(A)
removed
eliminating impediments to a resilient and robust industrial base, including—
(i)
removed
policies and procedures that are impeding businesses of all types and sizes from working with the Department of Defense;
(ii)
removed
areas where the Department could improve implementation of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), including limiting the application of requirements specific to the Government in the procurement of commercial products and commercial services, and maximizing the use of commercial standards rather than military specifications and standards; and
(iii)
removed
impediments to transitioning research, development, testing, and evaluation programs funded by military departments and the Department to relevant acquisition programs of record;
(B)
removed
identifying and addressing supply chain fragility, including—
(i)
removed
preventing or mitigating parts obsolescence, and addressing the vulnerabilities from reliance on single sources for any material, product, or service while reducing the dependencies on nonallied nations;
(ii)
removed
developing long-term industrial base strategies and solutions to ensure the availability of mission-critical parts for systems of the Department throughout the life cycle of such systems; and
(iii)
removed
bolstering supply chain diversity and developing shared awareness of supply chain challenges, risks, and opportunities between Government and industry;
(C)
removed
expanding domestic manufacturing and industrial capacity, including—
(i)
removed
enabling rapid engagement between government, academia, and industry to develop, test, and scale solutions that can revitalize domestic manufacturing capabilities, reduce reliance on single sources of supply, and strengthen the defense industrial base;
(ii)
removed
identifying financial incentives and business models to enable and support a civil reserve manufacturing network that could be activated to meet the needs of the Department of Defense;
(iii)
removed
supporting and informing efforts to enhance government-owned, government-operated arsenals and depots with advanced manufacturing and other production capabilities to enable rapid response across the spectrum of operational environments;
(iv)
removed
enabling and enhancing public-private partnerships between the organic industrial base, commercial manufacturing, and other industrial entities; and
(v)
removed
anticipate and close gaps in manufacturing capabilities for defense systems by fostering the adoption of additive manufacturing, automation, AI-driven production, and other emerging capabilities to modernize the industrial base and associated supply chains;
(D)
removed
accessing and implementing commercial approaches to enabling modern manufacturing capabilities, including—
(i)
removed
adoption of commercial approaches to information technology, software, the cloud, data management, and artificial intelligence to support and enable modern manufacturing capabilities; and
(ii)
removed
identifying financial incentives and business models to encourage private-sector investment and expand access to advanced, high-quality advanced manufacturing, that uses software to digitize manufacturing to the greatest extent possible; and
(E)
removed
development and training of the workforce, including—
(i)
removed
leveraging industry best practices training and development of critical skills in advanced manufacturing, including skills required to manufacture unique components and products for systems of the Department of Defense and to enable capabilities of the Department;
(ii)
removed
identifying or developing opportunities for public-private talent exchanges and skills development in areas such as advanced manufacturing, supply chain management, and supply chain risk management; and
(iii)
removed
identify or develop curriculum and experiential learning to support and enable advanced manufacturing, production technologies, or industrial innovation.
(3)
changed
Consortium work products and recommendations— Relevant work products and recommendations developed through consortium activities shall be considered by the Secretary of Defense in developing policy and allocating resources to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.The Marine Corps, 172,300.
(4)
changed
Use of other transaction authorities— The consortium established under subsection (a) shall support the use of other transaction authorities under sections 4021 and 4022 of title 10, United States Code, and other appropriate acquisition authorities, to rapidly prototype and field advanced manufacturing solutions and to address the other challenges to and limitations of the industrial base.Air Force, 321,500.
(5)
added
The Space Force, 10,400.
Sec. 402
Amendment to other transaction authority
removed
(a)
removed
In general— Section 4022 of title 10, United States Code, is amended—
(1)
removed
in subsection (a)(2)—
(A)
removed
in subparagraph (A), by striking “agency that” and all that follows through “the use” and inserting “agency that the use”;
(B)
removed
in subparagraph (B)(i), by striking “writing that” and all that follows through “the use” and inserting “writing that the use”; and
(C)
removed
in subparagraph (C)—
(i)
removed
by striking “subsection (f)” each place it appears and inserting “subsection (e)”; and
(ii)
removed
in clause (i)(I), by striking “the requirements of subsection (d)” and all that follows through “and the” and inserting “the”;
(2)
removed
by striking subsection (d);
(3)
removed
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
(4)
removed
in subsection (f), as so redesignated, by striking “subsection (f)” and inserting “subsection (e)”.
(b)
removed
Conforming amendments—
(1)
removed
National Security Act of 1947— Section 102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C. 3024(n)(6)(C)) is amended—
(A)
removed
by repealing clauses (v) and (vi); and
(B)
removed
in clause (vii)—
(i)
removed
in the matter preceding subclause (I), by striking “4022(f)(2)” and inserting “4022(e)(2)”; and
(ii)
removed
in subclause (V)(cc), by striking “4022(f)(5)” and inserting “4022(e)(5)”.
(2)
removed
Homeland Security Act of 2002— Section 831(d) of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) is amended by striking “4022(e)” and inserting “4022(d)”.
(3)
removed
John S. McCain National Defense Authorization Act for Fiscal Year 2019— Section 873(c)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4021 note) is amended—
(A)
removed
in subparagraph (A), by striking “subsection (f)” and inserting “subsection (e)”; and
(B)
removed
in subparagraph (E), by striking “or (f)” and inserting “or (e)”.
(4)
removed
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023— Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2911 note) is amended by striking “subsection (f)” and inserting “subsection (e)”.
Sec. 403
Data-as-a-service solutions for weapon system contracts
removed
(a)
removed
In general— Chapter 323 of title 10, United States Code, as amended by section 105 of this Act, is amended by adding at the end the following new section:
removed
“4324. Data-as-a-service solutions for weapon system contracts
removed
“(a) Negotiations for data-as-a-Service—Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for—
removed
“(1) the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or
removed
“(2) the maintenance of a core logistics capability in accordance with section 2464 of this title.
removed
“(b) Covered Information—The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is—
removed
“(1) detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof);
removed
“(2) digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data;
removed
“(3) design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or
removed
“(4) necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof).
removed
“(c) Methods and Schedule for Access
removed
“(1) With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information.
removed
“(2) The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b).
removed
“(d) Applicability to commercial products
removed
“(1) With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access.
removed
“(2) The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary.
removed
“(e) Rule of construction—Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title.
removed
“(f) Definitions—In this section:
removed
“(1) The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof).
removed
“(2) The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information.
removed
“(3) The term technical data has the meaning given in section 3013 of this title.”
(b)
removed
Guidance required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4324 of title 10, United States Code, as added by this section.
(c)
removed
Applicability— Section 4324 of title 10, United States Code, as added by this section, shall apply with respect to a contract for the procurement of a weapon system (or component thereof) entered into on or after the date of the enactment of this Act.
Sec. 404
Requirements for modular open system approach and modifications to rights in technical data
removed
(a)
removed
Requirements for modular open system approach— Section 4401 of title 10, United States Code, is amended to read as follows:
removed
“4401. Requirement for modular open system approach
removed
“(a) Requirement—The Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach.
removed
“(b) Assessment To inform strategy—Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would—
removed
“(1) support the objectives of the defense acquisition system established pursuant to section 3102 of this title;
removed
“(2) align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system;
removed
“(3) reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats;
removed
“(4) enable the use of iterative development cycles and discontinue or terminate the development of capabilities—
removed
“(A) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
removed
“(B) that are experiencing significant cost growth, performance deficiencies, or delays in schedule;
removed
“(5) promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level;
removed
“(6) reduce schedule delays and development timelines;
removed
“(7) increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and
removed
“(8) enable effective life-cycle management and product support of a covered system—
removed
“(A) in accordance with the requirements of section 4322 of this title; and
removed
“(B) to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
removed
“(c) Architecture requirements
removed
“(1) In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—
removed
“(A) adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b);
removed
“(B) to the extent practicable, is based on—
removed
“(i) widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or
removed
“(ii) if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and
removed
“(C) is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces.
removed
“(2) The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system.
removed
“(3) The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system.
removed
“(d) Openness Characteristics—Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:
removed
“(1) The open systems objectives identified as result of the assessment required by subsection (b).
removed
“(2) A description of the application of specifications or standards for module interfaces to achieve such objectives.
removed
“(3) A description of the minimum technical data package elements necessary to achieve such objectives.
removed
“(4) The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface.
removed
“(e) Applicability to commercial products—In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall—
removed
“(1) implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace;
removed
“(2) for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms;
removed
“(3) when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and
removed
“(4) to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title.
removed
“(f) Definitions—In this section:
removed
“(1) The term covered system means a system acquired or developed under—
removed
“(A) an acquisition program of the Department of Defense; or
removed
“(B) a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title).
removed
“(2) The term incremental standard means a specification for a module interface or key interface that includes—
removed
“(A) software-defined syntax and properties that specifically govern how values are validly passed and received between subsystems and components in machine-readable format;
removed
“(B) a machine-readable definition of the relationship between the module interface or key interface and existing common standards or interfaces available in Department databases; and
removed
“(C) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of elements of the module interface or key interface.
removed
“(3) The term key interface means a shared boundary between any system, subsystem of a covered system, or set of modules, defined by various physical, logical, functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
removed
“(4) The term modular open system approach means the application of a strategy that leverages an architecture that enables modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system to achieve a set of objectives.
removed
“(5) The term module means a self-contained functional hardware or software unit—
removed
“(A) that can be developed, tested, and deployed independently of a module interface or key interface; and
removed
“(B) that can simultaneously interact with another self-contained functional hardware or software unit described in subparagraph (A) through a module interface or key interface.
removed
“(6) The term module interface means a shared boundary between modules, defined by physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
removed
“(7) The term software development kit means a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform.”
(b)
removed
Guidance— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section.
(c)
removed
Applicability— The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date of the enactment of this Act.
(d)
removed
Modification to rights in technical data—
(1)
removed
Rights in technical data— Section 3771 of title 10, United States Code, is amended—
(A)
removed
in subsection (a)—
(i)
removed
in paragraph (2)(A), by striking “ or copyrights” and inserting “, copyrights, trade secrets,”; and
(ii)
removed
by adding at the end the following new paragraph:
removed
“(3) Enforcement of certain rights—Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.”
(B)
removed
in subsection (b)—
(i)
removed
in paragraph (2), by striking “paragraphs (3), (4), and (7),” and inserting “paragraphs (3) and (4),”;
(ii)
removed
by amending paragraph (3) to read as follows:
removed
“(3) Inapplicability of paragraph (2)—Unless otherwise negotiated, paragraph (2) does not apply to technical data that—
removed
“(A) constitutes a correction or change to data furnished by the United States; or
removed
“(B) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.”
(iii)
removed
by amending paragraph (4) to read as follows:
removed
“(4) Exceptions to paragraph (2)
removed
“(A) Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that—
removed
“(i) relates to form, fit, or function of an item or process; or
removed
“(ii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process.
removed
“(B) Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use—
removed
“(i) is necessary for emergency repair and overhaul;
removed
“(ii) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;
removed
“(iii) is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and
removed
“(iv) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.”
(iv)
removed
in paragraph (6)—
(I)
removed
in the paragraph heading, by striking “Interfaces” and inserting “Module interfaces of an item”;
(II)
removed
by inserting “, in perpetuity,” after “government purpose rights”; and
(III)
removed
by striking “an interface between an item or process and other items or processes” and inserting “a module interface of an item”; and
(v)
removed
in paragraph (7)—
(I)
removed
in the paragraph heading, by striking “Modular system interfaces” and inserting “Key interfaces of an item”;
(II)
removed
in subparagraph (A)—
(aa)
removed
by striking “paragraphs (2) and (5)” and inserting “paragraph (5) and except as otherwise provided by subsection (e) of section 4401 of this title,”;
(bb)
removed
by inserting “, in perpetuity,” after “government purpose rights”; and
(cc)
removed
by striking “modular system interface” and inserting “key interface of an item”;
(III)
removed
in subparagraph (B), by striking “modular system interface” and inserting “a key interface”; and
(IV)
removed
in subparagraph (C), by striking “modular system interface” and inserting “key interface of an item”.
(2)
removed
Definitions— Section 3775(b) of title 10, United States Code, is amended to read as follows:
removed
“(b) Additional definitions—In this subchapter, the terms key interface, modular open system approach, and module interface have the meanings given, respectively, in section 4401 of this title.”
(e)
removed
Conforming amendments—
(1)
removed
Section 3791(c)(1) of title 10, United States Code, is amended—
(A)
removed
in subparagraph (A), by striking “section 4401(b) of this title” and inserting “section 4401 of this title”; and
(B)
removed
in subparagraph (D)(iv), by striking “modular system interfaces (as defined in section 4401(b) of this title)” and inserting “module interfaces (as defined in section 4401(f) of this title)”.
(2)
removed
Section 4402 of title 10, United States Code, is repealed.
(3)
removed
Section 4403 of title 10, United States Code, is repealed.
(4)
removed
Section 4425 of title 10, United States Code, is amended to read as follows:
removed
“4425. Definitions
removed
“In this subchapter:
removed
“(1) The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
removed
“(2) The term weapon system component—
removed
“(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and
removed
“(B) includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A).”
(5)
removed
Section 804 of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note) is repealed.
Sec. 405
Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing
removed
(a)
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 401 of this Act a working group to develop recommendations for improving the policies and procedures of the Department of Defense for the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing.
(b)
removed
Membership— The membership of the working group shall include representatives from government, industry, and academia with expertise in advanced manufacturing, engineering, the procedures of the Department of Defense for qualifying and accepting products, supply chain management, or commercial best practices and business models for advanced manufacturing.
(c)
removed
Responsibilities— The working group shall—
(1)
removed
review the policies and procedures of the Department of Defense to identity policies and procedures for the qualification, acceptance, and management of the supply chains of products that are insufficient for or not applicable to products manufactured using advanced manufacturing;
(2)
removed
identify any changes to the policies and procedures of the Department required for the Department to benefit fully from access to and use of products manufactured using advanced manufacturing; and
(3)
removed
develop recommendations for—
(A)
removed
technical guidance with respect to the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing;
(B)
removed
policies and procedures for the qualification, acceptance, and management of the supply chains of such products;
(C)
removed
changes to any other policies and procedures of the Department identified under paragraph (2); and
(D)
removed
training to enhance the knowledge and experience of the workforce of the Department of Defense with advanced manufacturing, including the benefits, limitations, and commercial best practices and business models for designing, developing, and using products manufactured using advanced manufacturing.
(d)
removed
Report— Not later than 1 year after the date of enactment, the Secretary of Defense shall submit to Congress—
(1)
removed
a report on the recommendations developed by the working group under subsection (c)(3) and the actions taken by the Secretary to better enable to the Department of Defense to access and use products manufactured using advanced manufacturing; and
(2)
removed
a recommendation whether to continue or terminate the working group.
(e)
removed
Working group defined— In this section, the term working group means the working group established under subsection (a).
Sec. 406
Amendments to the procurement technical assistance program
removed
removed
Chapter 388 of title 10, United States Code, is amended—
(1)
removed
in section 4952—
(A)
removed
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
(B)
removed
by inserting before paragraph (2), as so redesignated, the following new paragraph:
removed
“(1) to support the growth and resiliency of the industrial base by accelerating innovation, fostering ingenuity of business entities, and establishing resilient supply chains;”
(C)
removed
in paragraph (2), as so redesignated, by striking “and” at the end;
(D)
removed
in paragraph (3), as so redesignated, by striking the period at the end and inserting “; and”; and
(E)
removed
by inserting after paragraph (3) the following new paragraph:
removed
“(4) to mitigate costs of entry for business entities that improve the technology capabilities of the Department of Defense.”
(2)
removed
in section 4961—
(A)
removed
in paragraph (1), by striking “and” at the end;
(B)
removed
in paragraph (2)(B), by striking the period at the end and inserting “; and”; and
(C)
removed
by adding at the end the following new paragraph:
removed
“(3) an amount determined appropriate by the Secretary to establish one or more centers of excellence to provide to individuals or eligible entities that provide procurement technical assistance pursuant to this chapter training necessary to fulfill the purpose of the program under section 4952 of this title.”
Sec. 407
Report on surge capacity in the defense industrial base
removed
(a)
removed
Report required— Not later than March 1, 2026, the Assistant Secretary of Defense for Industrial Base Policy and the Director of Defense Pricing, Contracting, and Acquisition Policy shall jointly submit to the congressional defense committees a report on efforts to identify and address regulations or policies that discourage or prevent contractors of the Department of Defense from maintaining or investing in surge capacity.
(b)
removed
Elements— The report required subsection (a) shall include the following:
(1)
removed
A discussion of any efforts by United States DOGE Service (commonly referred to as the “Department of Government Efficiency” or “DOGE”), acting in coordination with the Office of the Secretary of Defense, to review and address the barriers described in subsection (a)(1).
(2)
removed
An identification of policies that incentivize contractors to reduce or eliminate surge capacity, including section 31.205–17 of the Federal Acquisition Regulation (relating to idle facilities and idle capacity costs).
(3)
removed
Any steps taken by the Secretary of Defense to address regulatory barriers disincentivizing surge capacity within the defense industrial base as part of the implementation of Executive Order 14265 titled “Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base” (90 Fed. Reg. 15621; April 15, 2025).
(c)
removed
Surge capacity defined— In this section, the term surge capacity means the ability of contractors in the defense industrial base to rapidly increase production capacity to meet increased demand for defense articles and defense services (as such terms are defined, respectively, in section 301 of title 10, United States Code).
Sec. 408
Bridging Operational Objectives and Support for Transition program
removed
(a)
removed
Bridging Operational Objectives and Support for Transition program—
(1)
removed
Establishment— In meeting the responsibilities of the Defense Innovation Unit under section 4127(d) of title 10, United States Code, the Director of the Defense Innovation Unit shall establish a program (to be known as the “Bridging Operational Objectives and Support for Transition program”) to accelerate the adoption or integration of commercial technologies into programs of record of the Department of Defense.
(2)
removed
Program execution— Not later than 90 days after the date of the enactment of this subsection, the Director shall issue guidance on the BOOST program, including guidance to do the following:
(A)
removed
Enable a customer seeking a technology solution for a challenge or requirement in a program of record of the Department of Defense to request assistance under the BOOST program with identifying and adopting or integrating such a solution into such program.
(B)
removed
Establish requirements for the Defense Innovation Unit to—
(i)
removed
conduct a review of commercial technologies pursuant to a request described in subparagraph (A) with respect to a challenge or requirement of a program of record of the Department to identify commercial technology that may address such challenge or requirement;
(ii)
removed
provide to the customer that made such request the findings of such review, including any commercial technologies so identified; and
(iii)
removed
at the request of such customer after providing such findings to such customer, conduct development, experimentation, or integration activities in coordination with such customer to support or enable the adoption or integration of any commercial technology so identified into such program of record.
(C)
removed
Establish criteria for terminating assistance under the BOOST program for a customer or with respect to a commercial technology.
(3)
removed
Support to other programs— The Director shall ensure the BOOST program works with and in support of—
(A)
removed
the program established under section 4061(a) of title 10, United States Code;
(B)
removed
other organizations of the Department of Defense responsible for accelerating the adoption and integration of technology in systems or programs of the Department;
(C)
removed
the Small Business Innovation Research Program;
(D)
removed
the Small Business Technology Transfer Program; and
(E)
removed
the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012)).
(4)
removed
Funding— Subject to the availability of appropriations, amounts authorized to be appropriated the Defense Innovation Unit for research, development, test, and evaluation for a fiscal year may be used for such fiscal year to carry out the BOOST program.
(5)
removed
Sunset— The authorities and requirements under this subsection shall expire on December 31, 2030.
(b)
removed
Reporting— Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director, shall submit to the congressional defense committees a report on the effectiveness of the BOOST program in accelerating the adoption or integration of commercial technologies into programs of record of the Department of Defense, including—
(1)
removed
a summary description of customers and technologies adopted or integrated into such programs of record based on assistance provided under the BOOST program;
(2)
removed
recommendations of the Secretary to improve the BOOST program; and
(3)
removed
a recommendation whether to continue or terminate the BOOST program.
(c)
removed
Definitions— In this section:
(1)
removed
The term BOOST program means the program established under subsection (a)(1).
(2)
removed
The term customer means a program manager or program executive officer of the Department of Defense that has primary responsibility for fielding the system or systems acquired.
(3)
removed
The term Director means the Director of the Defense Innovation Unit.
(4)
removed
The term program executive officer has the meaning given such term in section 1737(a) of title 10, United States Code.
(5)
removed
The terms Small Business Innovation Research Program and Small Business Technology Transfer Program have the meanings given such terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
Sec. 411
End strengths for Selected Reserve
added
(a)
added
In general— The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2026, as follows:
(1)
added
The Army National Guard of the United States, 328,000.
(2)
added
The Army Reserve, 172,000.
(3)
added
The Navy Reserve, 57,500.
(4)
added
The Marine Corps Reserve, 33,600.
(5)
added
The Air National Guard of the United States, 106,300.
(6)
added
The Air Force Reserve, 67,500.
(7)
added
The Coast Guard Reserve, 8,500.
(b)
added
End strength reductions— The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(1)
added
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2)
added
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c)
added
End strength increases— Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Sec. 412
End strengths for Reserves on active duty in support of the Reserves
added
added
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2026, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1)
added
The Army National Guard of the United States, 30,845.
(2)
added
The Army Reserve, 16,511.
(3)
added
The Navy Reserve, 10,409.
(4)
added
The Marine Corps Reserve, 2,400.
(5)
added
The Air National Guard of the United States, 25,171.
(6)
added
The Air Force Reserve, 6,218.
Sec. 413
End strengths for military technicians (dual status)
added
added
The minimum number of military technicians (dual status) as of the last day of fiscal year 2026 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1)
added
For the Army National Guard of the United States, 21,294.
(2)
added
For the Army Reserve, 6,258.
(3)
added
For the Air National Guard of the United States, 10,405.
(4)
added
For the Air Force Reserve, 6,455.
Sec. 414
Maximum number of reserve personnel authorized to be on active duty for operational support
added
added
During fiscal year 2026, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1)
added
The Army National Guard of the United States, 17,000.
(2)
added
The Army Reserve, 13,000.
(3)
added
The Navy Reserve, 6,200.
(4)
added
The Marine Corps Reserve, 3,000.
(5)
added
The Air National Guard of the United States, 16,000.
(6)
added
The Air Force Reserve, 14,000.
Sec. 415
Excluding members of the National Guard performing certain duty from counting for active-duty end strengths
added
added
Section 115(i) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(14) Members of the National Guard on active duty or full-time National Guard duty for the purpose of supporting military intelligence operations under section 12301(d) of this title.”
Sec. 421
Military personnel
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b)
added
Construction of authorization— The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2026.
Sec. 422
Streamlining of total force reporting requirements
added
(a)
added
Repeal of annual report on military technicians— Section 115a of title 10, United States Code, is amended by striking subsection (g).
(b)
added
Incorporation of annual civilian personnel management report into annual defense manpower profile report—
(1)
added
In general— Such section is further amended—
(A)
added
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
(B)
added
by inserting after subsection (c) the following new subsection (d):
added
“(d)
added
“(1) The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of—
added
“(A) the Office of the Secretary of Defense;
added
“(B) the Defense Agencies;
added
“(C) the Department of Defense Field Activities; and
added
“(D) the military departments.”
(2)
added
Transfer— Paragraph (2) of section 129(c) of such title—
(A)
added
is amended, in the matter preceding subparagraph (A)—
(i)
added
by striking “Each report under paragraph (1) shall contain” and inserting “The matter to be included in each discussion under paragraph (1)”; and
(ii)
added
by striking “under the jurisdiction of the official submitting the report,” and inserting “of each element of the Department of Defense named in such paragraph, is”; and
(B)
added
is transferred to section 115a and inserted at the end of subsection (d) of such section, as added by paragraph (1) of this subsection.
(3)
added
Conforming repeal of requirement for separate annual civilian personnel management report— Section 129 of such title is amended by striking subsection (c).
Sec. 501
Treatment of Space Force officers for purposes of laws relating to authorized number and distribution of officers in general officer grades
(a)
changed
Assessment required—Distribution of commissioned officers on active duty in general officer grades— The Secretary of Defense, acting through the Director of the Acquisition Innovation Research Center, shall conduct a comprehensive assessment of the Defense Acquisition University (in this section referred to as “DAU”) to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department Section 525 of Defense. The assessment shall include the following:title 10, United States Code, is amended—
(1)
changed
An evaluation of the mission of the DAU and the alignment of such mission with the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by section 101 of this Act).in subsection (a)—
(A)
added
in the matter preceding paragraph (1), by inserting “or the Space Force officer list” after “officer on the active duty list”;
(B)
added
in paragraph (5)—
(i)
added
in subparagraph (A), by striking “officers in the grade of general” and inserting “officers on sustained duty orders in the grade of general”;
(ii)
added
in subparagraph (B), by striking “officers in a grade above” and inserting “officers on sustained duty orders in a grade above”; and
(iii)
added
in subparagraph (C), by striking “officers in the grade” and inserting “officers on sustained duty orders in the grade”; and
(2)
changed
An evaluation of the effectiveness of training and development provided in subsection (h), by DAU to members of the acquisition workforce to enable such members to effectively implement adding at the objectives of end the defense acquisition system.following new paragraph:
added
“(3)
added
“(A) The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five.
added
“(B) Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).”
(b)
changed
Elements—Exclusion of certain officers from authorized strength of Space Force general officers on active duty— The assessment in paragraph (1) shall evaluate the following:Section 526 of such title is amended—
(1)
changed
The organization and structure of DAU.in subsection (c)—
(A)
added
in the subsection heading, by inserting “and of the Space Force” after “components”;
(B)
added
in paragraph (1), by inserting “or of the Space Force” after “a reserve component”;
(C)
added
in paragraph (2), by adding at the end the following new subparagraph:
added
“(D) The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days.”
(D)
added
in paragraph (3)(A), by inserting “(or a Space Force general officer in a space force active status on sustained duty)” after “a reserve component”; and
(2)
changed
The curriculum and educational offerings of DAU.in subsection (d)—
(A)
added
by striking “or” at the end of paragraph (1);
(B)
added
by striking the period at the end of paragraph (2) and inserting “; or”; and
(C)
added
by adding at the end the following new paragraph:
added
“(3) a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders.”
(3)
removed
The composition of the staff and faculty of DAU, including an assessment of the diversity of skills, abilities, and professional backgrounds of such staff and faculty.
(4)
removed
The sufficiency of resource and funding mechanisms supporting DAU operations.
(5)
removed
The extent to which DAU uses external experts and academic institutions to inform and enhance its programs.
(c)
changed
Recommendations—Strength in grade of Space Force general officers in space force active status not on sustained duty— The Director of the Acquisition Innovation Research Center shall use the assessment required under this section and the objectives of the defense acquisition system to provide to the Secretary of Defense recommendations to strengthen the ability of the DAU to train and develop members Chapter 2003 of such title is amended by adding at the acquisition workforce to meet future needs of end the Department of Defense.following new section:
added
“20110. Strength in grade: Space Force general officers in Space Force active status not on sustained duty
added
“(a) Authorized strength—The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five.
added
“(b) Exclusions—The following Space Force general officers shall not be counted for purposes of this section:
added
“(1) Those counted under section 526 of this title.
added
“(2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two.
added
“(c) Permanent grade—A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a).
added
“(d) Temporary exclusion—The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time.”
(d)
removed
Report to congress— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
(1)
removed
the findings of the assessment conducted under subsection (a) and the recommendations provided under subsection (c); and
(2)
removed
any actions necessary to ensure that DAU fulfills its mission and provides training and development to members of the acquisition workforce that aligns with the objectives of the defense acquisition system.
(e)
removed
Definitions— In this section:
(1)
removed
The term Acquisition Innovation Research Center means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code.
(2)
removed
The term acquisition workforce has the meaning given in section 101 of title 10, United States Code.
Sec. 502
Redistribution of general officers on active duty from the Air Force to the Space Force
added
Section 526(a) of title 10, United States Code, is amended—
(a)
removed
In general— The Comptroller General of the United States shall conduct a review of the management, training, and development of the acquisition workforce to enable the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
(1)
changed
Review contents— In conducting the review required in paragraph (3), by subsection (a), the Comptroller General shall evaluate the following:striking “171” and inserting “168”; and
(1)
removed
The current organization and staffing of the acquisition workforce, including the total number of positions in the acquisition workforce, a list of such positions disaggregated by the skills and experience required, and the number of such positions that are vacant or are filled by an individual whose skills and experience do not meet the required skills and experience for such position.
(2)
removed
The sufficiency of the processes and authorities of the Department of Defense for recruiting and retaining the acquisition workforce, and the use of such authorities to maintain an acquisition workforce that is optimized to meet mission requirements.
(3)
removed
Trends in acquisition workforce hiring and retention over the preceding five years.
(4)
removed
The impediments to members of the acquisition workforce receiving training and education, including any lack of funding, unavailability of required or desired training, and excessive workload demands that preclude such members from being able to attend such training.
(2)
changed
Report— Not later than April 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the review required in paragraph (5), by subsection (a), including any recommendations to improve the management, training, striking “21” and development of the acquisition workforce.inserting “24”.
(d)
removed
Acquisition workforce defined— In this section, the term acquisition workforce has the meaning given such term in section 101(a) of title 10, United States Code.
Sec. 503
Authority to waive prohibition on officers serving on successive selection boards for boards to consider officers for promotion to major general or rear admiral
added
Section 612(b) of title 10, United States Code, is amended—
(a)
removed
Review required— The Comptroller General of the United States shall—
(1)
removed
conduct a review of the education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
(2)
removed
conduct an assessment of the efficacy of the career development policies established by section 1734 of title 10, United States Code.
(1)
changed
Matters for review— In conducting the review required by this section, the Comptroller General shall—inserting “(1)” after “(b)”; and
(1)
removed
review the compliance of the Secretary with the requirements of section 1734 of title 10, United States Code;
(2)
removed
conduct an assessment of the efficacy of the career development policies and minimum periods of assignment established by such section 1734 in—
(A)
removed
improving the ability of the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable;
(B)
removed
enhancing the knowledge and experience of the acquisition workforce;
(C)
removed
enabling competitive career progression of members of the acquisition workforce compared to other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
(D)
removed
the retention rates of members of the acquisition workforce assigned to a critical acquisition position, particularly key leadership positions (as defined by the Under Secretary of Defense for Acquisition and Sustainment), compared with the retention rates for other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
(3)
removed
conduct an assessment of any benefits, including enhanced accountability in leadership and decisionmaking by individuals in key leadership positions, of a minimum period of assignment of at least four years to a critical acquisition position.
(2)
changed
Report required— Not later than July 1, 2026, by adding at the Comptroller General shall submit to end the congressional defense committees recommendations on—following new paragraph:
added
“(2) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may waive the limitation in paragraph (1) in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board.”
(1)
removed
improvements to education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
(2)
removed
minimum periods of assignment for an individual assigned as a program executive officer.
Sec. 504
Chaplains: career flexibility; detail as students at schools for education required for appointment
added
(a)
added
Career flexibility for chaplains— Subsection (a) of section 710 of title 10, United States Code, is amended—
(1)
added
by inserting “(1)” before “Each Secretary”; and
(2)
added
by adding at the end the following new paragraph:
added
“(2) If the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon such completion so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned.”
(b)
added
Detail as students at schools for education required for appointment as a chaplain— Chapter 101 of title 10, United States Code, is amended by inserting after section 2004b the following new section 2004c:
added
“2004c. Detail as students at schools for education required for appointment as a chaplain: commissioned officers; certain enlisted members
added
“(a) Detail authorized—The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year.
added
“(b) Eligibility for detail—To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must—
added
“(1)
added
“(A) have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or
added
“(B) have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin;
added
“(2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and
added
“(3) sign an agreement that unless sooner separated the officer or enlisted member will—
added
“(A) complete the educational course of chaplaincy training; and
added
“(B) if the Secretary of the military department concerned carries out a program under section 710 of this title—
added
“(i) agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and
added
“(ii) accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i).
added
“(c) Service obligation—The agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty.
added
“(d) Selection of officers and enlisted members for detail—Officers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.
added
“(e) Relation of service obligations to other service obligations—Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement.
added
“(f) Expenses—Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned.
added
“(g) Failure to complete program—An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—
added
“(1) perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or
added
“(2) repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f).
added
“(h) Limitation on details—No agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.”
Sec. 505
Ranks of Judge Advocates General
added
(a)
added
Army— Section 7037(a) of title 10, United States Code, is amended by adding at the end the following: “The Judge Advocate General, while so serving, has the grade of lieutenant general.”.
(b)
added
Navy— Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”.
(c)
added
Air Force— Section 9037(a) of title 10, United States Code, is amended by adding at the end the following: “The Judge Advocate General, while so serving, has the grade of lieutenant general.”.
Sec. 506
Procedures for selection of Space Force officers for promotion to major general
added
(a)
added
Selection boards—
(1)
added
Boards to recommend for promotion to major general officers who are exceptionally well qualified— Subsection (a) of section 20215 of title 10, United States Code, is amended to read as follows:
added
“(a) Criteria for recommendation of officers for promotion
added
“(1) A selection board convened under section 20211 of this title to consider officers for promotion to a grade below major general shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Space Force for officers with particular skills (as noted in the guidelines or information furnished the board under section 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board.
added
“(2) A selection board convened under section 20211 of this title to consider officers for promotion to the grade of major general shall recommend for promotion to such grade those officers considered by the board whom the board considers exceptionally well qualified for promotion.”
(2)
added
Requirement for majority action by board members— Subsection (c)(3) of such section is amended by inserting after “best qualified for promotion” the following: “(or, in the case of an officer recommended for promotion to the grade of major general, that the officer is exceptionally well qualified for promotion)”.
(3)
added
Inapplicability of provision relating to promotion list order— Subsection (g)(1) of such section is amended by adding at the end the following new sentence: “This subsection does not apply to a selection board convened to consider officer for recommendation to the grade of major general.”.
(4)
added
Reports of selection boards— Section 20216(a)(2)) of such title is amended by inserting after “best qualified for promotion” the following: “(or, in the case of officers recommended for promotion to the grade of major general, that the officers are exceptionally well qualified for promotion)”.
(5)
added
Inapplicability of authority to adjust placement of officers in board report— Section 20217 of such title is amended—
(A)
added
in subsection (a), by striking “or major general”; and
(B)
added
in the section heading, by striking the last three words.
(b)
added
Promotions to major general—
(1)
added
Promotions to fill vacancies— Section 20239 of such title is amended—
(A)
added
in subsection (b)(3), by striking “Except as provided in subsections (e) and (f)” and inserting “Except as provided in subsections (d), (f), and (g)”;
(B)
added
by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and
(C)
added
by inserting after subsection (c) the following new subsection (d):
added
“(d) Promotion to major general
added
“(1) Certificate of eligibility for promotion—When the Senate gives it advice and consent to the promotion of an officer to the grade of major general, the Secretary of the Air Force shall issue to the officer a certificate of eligibility for promotion, dated as of the date on which the Senate gave its advice and consent.
added
“(2) Promotion to fill vacancy—Officers who have a certificate of eligibility under paragraph (1) shall be promoted to fill vacancies as they occur in positions designated to carry the grade of major general. Such promotions shall be made in accordance with regulations prescribed by the Secretary of the Air Force, based upon the needs of the service.
added
“(3) Duration of certificate of eligibility—A certificate of eligibility issued under paragraph (1) expires at the end of the period beginning on the date as of when the certificate of eligibility was issued and ending on the first day of the eighteenth month following the month during which the certificate was so issued.”
(2)
added
Removal from promotion list— Section 20241 of such title is amended—
(A)
added
by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
(B)
added
by inserting after subsection (c) the following new subsection (d):
added
“(d) Removal upon expiration of certificate of eligibility—If an officer who has been issued a certificate of eligibility for promotion to the grade of major general under 20239(d) of this title is not appointed to such grade before the expiration of the certificate of eligibility pursuant to such section, the officer’s name shall be removed from the promotion list.”
(C)
added
in paragraph (1) of subsection (f), as so redesignated—
(i)
added
by striking “subsection (a), (b), or (c)” and inserting “subsection (a), (b), (c), or (d)”; and
(ii)
added
by adding at the end the following new sentence: “The authority of the Secretary of the Air Force under the preceding sentence does not apply in the case of such an officer who is promoted to the grade of major general following removal from a list under subsection (d).”.
(c)
added
Technical and conforming amendments— Title 10, United States Code, is amended as follows:
(1)
added
Section 615(a)(1) is amended by striking “or 20211”.
(2)
added
Section 20203 is amended by redesignating the second subsection (b) and subsections (c), (d), (e), and (f) as subsections (c), (d), (e), (f), and (g), respectively.
(3)
added
Section 20214 is amended by inserting before the period at the end the following: “convened under section 20211 of this title in the same manner as to selection boards convened under section 611 of this title”.
(4)
added
Section 20215(g)(1) is amended by striking “section 624(a)(1)” and inserting “section 20239(a)(1)”.
(5)
added
Section 20217(a) is amended by striking “section 20215” and inserting “section 20216”.
(6)
added
Section 20231 is amended—
(A)
added
in subsection (a)(1), by striking “section 14101(a)” and inserting “section 20211”; and
(B)
added
in subsection (b)(1), by striking “section 20151” and inserting “section 20252”.
(7)
added
Section 20239 is amended—
(A)
added
in subsection (a)(1), by striking “modified” and inserting “adjusted”;
(B)
added
in subsection (c)(1), by striking “subsection (f)” and inserting “subsection (g)”.
(8)
added
Section 20241(c) is amended by striking “section 20238(a)” in paragraphs (1) and (3) and inserting “section 20239(a)(1)”.
(9)
added
Section 20251(a)(2) is amended by striking “section 14201” and inserting “section 14101”.
Sec. 507
Establishment of blast safety officer positions
added
(a)
added
Establishment— Not later than September 30, 2026, the Secretary of Defense shall establish blast safety officer positions in the Army, Navy, Marine Corps, Air Force, and Space Force.
(b)
added
Duties— Duties of a blast safety officer shall include the following, in accordance with standards established pursuant to section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071 note):
(1)
added
Monitoring and mitigating blast and overpressure exposure to members of such Armed Forces during live-fire or explosive exercises, including breaching exercises. A blast safety officer may order the cessation of such an exercise if exposure exceeds safe thresholds.
(2)
added
Briefing members of such Armed Forces, before an exercise, regarding the health risks of blast exposure and mitigation protocols (including minimum safe distances).
(3)
added
Overseeing the use of personal protective equipment and wearable sensors by such members during such an exercise.
(4)
added
Investigating blast overpressure incidents, reporting findings, and coordinating with health care providers to address risks to the health of affected members.
(5)
added
Maintaining blast overpressure exposure logs to support future mitigation.
(6)
added
Coordinating with range safety officers and personnel.
(c)
added
Assignments— The Secretary of a military department concerned shall assign a blast safety officer to each special mission unit in each such Armed Force.
(d)
added
Training; certification— A blast safety officer shall receive training and maintain a certification in blast safety.
Sec. 508
Designation of at least one general officer of the Marine Corps Reserve as a joint qualified officer
added
added
The Secretary of Defense shall ensure that at least one general officer of the Marine Corps Reserve is designated as a joint qualified officer.
Sec. 511
Grades of certain chiefs of reserve components
added
(1)
added
Chief of Army Reserve— Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph:
added
“(4) The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”
(2)
added
Chief of Navy Reserve— Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
added
“(4) The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.”
(3)
added
Commander, Marine Forces Reserve— Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
added
“(4) The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general.”
(4)
added
Chief of Air Force Reserve— Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
added
“(4) The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.”
(b)
added
Effective date— The amendments made by subsection (a) shall take effect on the day that is one year after the date of the enactment of this Act and shall apply to appointments made on or after such day.
Sec. 512
Pilot authority for extended length of orders to active duty for preplanned missions in support of the combatant commands
added
added
Section 12304b of title 10, United States Code, is amended—
(1)
added
by redesignating subsection (i) as subsection (j);
(2)
added
by inserting after subsection (h) the following new subsection:
added
“(i) Temporary authority for extended activation for Marine Corps
added
“(1) The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting “545 consecutive days” for “365 consecutive days”.
added
“(2) In carrying out paragraph (1), the Secretary of the Navy may not order a unit to active duty in direct support of an operation for more than 365 consecutive days. For purposes of this paragraph, direct support does not include training, exercises, or preparation activities prior to deployment to support an operation.
added
“(3) The authority under this subsection shall terminate on December 31, 2030.”
(3)
added
in subsection (j), as redesignated by paragraph (1) of this section, by striking “section 231(f)(2)” and inserting “section 231”.
Sec. 513
Prohibition on consideration of amount of time of service in activation of reserve members
added
added
Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:
added
“12324. Reserves: prohibition on consideration of amount of time of service in the armed forces for purposes of activation
added
“(a) Prohibition—In evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider—
added
“(1) the amount of time of service in the armed forces of such member;
added
“(2) the amount of time of service on active duty of such member; or
added
“(3) the amount of time of service on active duty by such member that would result in such member becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title).
added
“(b) Information Available for Consideration—In carrying out this section, the Secretary concerned—
added
“(1) shall ensure that no information regarding the amount of time of service in the armed forces of a member or the age of such member is made available to any person evaluating such member for suitability for active duty; and
added
“(2) may provide that information on relevant experience of a member, including the amount of time a member has performed duties relevant to the duty for which such member is being considered, is made available to a person evaluating such member for suitability for active duty.”
Sec. 514
Active and inactive transfers of officers of the Army National Guard and Air Force National Guard
added
added
Section 303 of title 32, United States Code, is amended by adding at the end the following new subsections:
added
“(d)
added
“(1) Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard—
added
“(A) who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; or
added
“(B) transferred pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy described in such paragraph.
added
“(2) Under regulations prescribed by the Secretary of the Air Force, an officer of the Air Force National Guard—
added
“(A) who fills a vacancy in a federally recognized unit of the Air Force National Guard may be transferred from the active Air Force National Guard to the inactive Air Force National Guard; or
added
“(B) transferred pursuant to paragraph (1) may be transferred from the inactive Air Force National Guard to the active Air Force National Guard to fill a vacancy described in such paragraph.”
Sec. 515
National Guard: Active Guard and Reserve duty in response to a State disaster
added
(a)
added
In general— Chapter 3 of title 32, United States Code, is amended by inserting after section 328 the following new section:
added
“328A. Active Guard and Reserve duty: State disaster response duty
added
“(a) Authority—The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as “State disaster response duty”.
added
“(b) Requirements—State disaster response duty performed pursuant to this section—
added
“(1) shall be on a reimbursable basis, in accordance with subsection (c);
added
“(2) may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and
added
“(3) shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—
added
“(A) 7 days, if the Secretary determines that such extension is appropriate; and
added
“(B) 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).
added
“(c) Reimbursement
added
“(1) The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section.
added
“(2) Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds.
added
“(3) Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—
added
“(A) the appropriation, fund, or account used to pay such costs; or
added
“(B) an appropriation, fund, or account available for the purposes for which such costs were incurred.
added
“(4) If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed—
added
“(A) unless authorized by the Secretary of Defense; and
added
“(B) after the requesting chief executive obligates funds for the amount in arrears.
added
“(d) Limitation of liability—While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section.
added
“(e) Definitions—In this section:
added
“(1) The term “Active Guard and Reserve duty” has the meaning given such term in section 101 of title 10.
added
“(2) The term “State” has the meaning given such term in section 901 of this title.”
(b)
added
Regulations— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations under section 328A of such title, as added by subsection (a).
Sec. 516
FireGuard Program: program of record; authorization
added
added
Section 510 of title 32, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by inserting “(1)” before “The Secretary”;
(B)
added
by inserting “of record” after “carry out a program”; and
(C)
added
by adding at the end the following new paragraph:
added
“(2) The FireGuard Program is authorized through December 31, 2031.”
(2)
added
by adding at the end the following new subsection:
added
“(c) Annual briefing—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements:
added
“(1) The States (as such term is defined in section 901 of this title), counties, municipalities, and Tribal governments that received information under the FireGuard Program.
added
“(2) A comparative analysis of a map of—
added
“(A) each wildfire, initially provided to an entity described in paragraph (1) through the FireGuard Program; and
added
“(B) the perimeter of such wildfire after containment.
added
“(3) An analysis of the time between the detection of a fire via raw satellite data and alerts being sent to local responders.
added
“(4) A review of efforts undertaken to integrate emerging satellite and aerial surveillance technologies from qualified private, nonprofit, and public sector sources.”
Sec. 521
Women’s initiative teams
added
(a)
added
In general— Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
added
“996. Establishment of women’s initiative teams
added
“(a) Establishment—The Secretary concerned shall establish a women’s initiative team in each of the Army, Navy, Air Force, Marine Corps, and Space Force to identify and address barriers, if any, to the service, recruitment, retention, and advancement of women in those armed forces.
added
“(b) Duties—Each women’s initiative team established under subsection (a) shall—
added
“(1) identify and address issues, if any, that hinder service by women in the armed force in which such team is established;
added
“(2) support the recruitment and retention of women in such armed force;
added
“(3) recommend policy changes that support the needs of women members of such armed force; and
added
“(4) foster a sense of community.
added
“(c) Composition—Each women’s initiative team established under subsection (a) shall be composed of members of the armed force in which such team is established of a variety of ranks, backgrounds, and occupational specialities.
added
“(d) Collaboration—A women’s initiative team established under subsection (a) shall work collaboratively with the leadership of the armed force in which such team is established and other stakeholders to carry out the duties described in subsection (b).”
(b)
added
Reports— Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after such date, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and progress of each women’s initiative team established under section 996 of title 10, United States Code, as added by subsection (a). Each report shall include the following:
(1)
added
A description of the structure, membership, and organizational alignment of each women’s initiative team.
(2)
added
A summary of key activities and initiatives undertaken by each team.
(3)
added
An assessment of the impact of such activities on improving conditions for women, including measurable outcomes where available.
(4)
added
Recommendations for legislative or policy changes to further support the success of the teams.
Sec. 522
Individual Longitudinal Exposure Record: codification; expansion
added
(a)
added
Expansion— Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
added
“996. Individual Longitudinal Exposure Record
added
“(a) Establishment—The Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the “Individual Longitudinal Exposure Record”.
added
“(b) Elements—The Individual Longitudinal Exposure Record includes the following elements:
added
“(1) Service records of members of the armed forces.
added
“(2) All non-classified data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards.
added
“(3) Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data.
added
“(c) Service records—If a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member.
added
“(d) Data sharing—The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following:
added
“(1) The Secretary of Veterans Affairs.
added
“(2) The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense.
added
“(3) The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department.
added
“(4) The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death.
added
“(e) Annual report
added
“(1) The Secretary of Defense shall submit, to the committees specified in paragraph (2), an annual report regarding the Individual Longitudinal Exposure Record.
added
“(2) The committees specified in this paragraph are the following:
added
“(A) The Committee on Armed Services of the Senate.
added
“(B) The Committee on Armed Services of House of Representatives.
added
“(C) The Committee on Veterans’ Affairs of the Senate.
added
“(D) The Committee on Veterans’ Affairs of the House of Representatives.
added
“(E) The Committee on Commerce, Science, and Transportation of the Senate.
added
“(F) The Committee on Transportation and Infrastructure of the House of Representatives.”
(b)
added
Conforming amendment— Section 1171(b)(2) of title 38, United States Code, is amended to read as follows:
added
“(2) The term “Individual Longitudinal Exposure Record” means the database maintained under section 996 of title 10.”
Sec. 523
Codification of additional basic branches of the Army
added
added
Section 7063(a) of title 10, United States Code, is amended—
(1)
added
in paragraph (12), by striking “; and” and inserting a semicolon;
(2)
added
by redesignating paragraph (13) as paragraph (24); and
(3)
added
by inserting after paragraph (12) the following new paragraphs:
added
“(13) Air Defense Artillery;
added
“(14) Aviation;
added
“(15) Cavalry Scout;
added
“(16) Psychological Operations;
added
“(17) Special Forces;
added
“(18) Civil Affairs;
added
“(19) Cyber;
added
“(20) Electronic Warfare;
added
“(21) Military Intelligence;
added
“(22) Public Affairs;
added
“(23) Army Music; and”
Sec. 524
Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions
added
(a)
added
Merit requirement— All Department of Defense military personnel actions, including accessions, promotions, assignments, command selection, and military and civil schooling selection and training, shall be based exclusively on individual merit, fitness, capability, and performance.
(b)
added
Consideration of race prohibited— Consideration of an individual’s race, ethnicity, or national origin in any military personnel action is prohibited throughout the Department of Defense.
(c)
added
Limited exception for tasking of specific missions—
(1)
added
In general— This section shall not be construed to prohibit tasking for specific, unconventional missions in foreign countries, where the anticipated ground operating environment of indigenous populations may justify consideration of race, ethnicity, or national origin when tasking for the mission to optimize mission success.
(2)
added
Combatant commander approval required— Any tasking pursuant to the exception described in paragraph (1) shall require the approval of the combatant commander concerned.
(3)
added
Reporting requirement— Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe—
(A)
added
the mission, including location and duration;
(B)
added
the staffing of the mission;
(C)
added
the demographic factors warranting the tasking;
(D)
added
the number of personnel involved, including their rank, position, and race, ethnicity, and national origin; and
(E)
added
the rationale for the tasking.
Sec. 525
Prohibition on use of Federal funds for diversity, equity, and inclusion
added
added
None of the funds authorized to be appropriated by this Act may be used for matters or programs relating to diversity, equity, and inclusion.
Sec. 526
Prohibition of new COVID–19 vaccine mandate for members of the Armed Forces
added
added
The Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
Sec. 531
Recruitment: improvements relating to secondary schools and institutions of higher education
added
(a)
added
Recruiting at secondary schools— Section 503(c)(1)(A) of title 10, United States Code, is amended—
(1)
added
in clause (i), by striking “the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students” and inserting “meaningful access to secondary schools (including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities”; and
(2)
added
in clause (iii)—
(A)
added
by inserting “during the first 60 days of the academic year, and not later than 30 days after receiving such request during another period of time” after “receiving such request”; and
(B)
added
by inserting “academic grades, sexes,” after “student names,”.
(b)
added
Recruiting at institutions of higher education— Section 983(b) of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer” and inserting “(including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities”; and
(2)
added
in paragraph (2)—
(A)
added
in subparagraph (A)—
(i)
added
by inserting “academic grades, sexes,” after “names,”;
(ii)
added
by striking “60th day following the date of a request” and inserting “60 days after receiving a request during the first 60 days of the academic year, and not later than 30 days after the date of a request during another period of time”; and
(iii)
added
by striking “; and” and inserting a semicolon;
(B)
added
in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new subparagraph:
added
“(C) whether the student submitted a Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) (if collected by the institution); and”
(3)
added
by adding at the end the following new paragraph:
added
“(3) access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester—
added
“(A) the information required under paragraph (2); and
added
“(B) the reason why such students did not return, if collected by the institution.”
(c)
added
Types of affiliation for JROTC units—
(1)
added
Authorization— The Secretary of Defense may establish, with regards to the Junior Reserve Officers’ Training Corps (hereinafter, “JROTC”) , the following types of affiliation:
(A)
added
Host unit— A host unit is a unit at a secondary educational institution that has at least one instructor for the unit and has entered into a memorandum of understanding under section 2031(b) of title 10, United States Code.
(B)
added
Cross-town unit— A cross-town unit is a unit that operates without an instructor pursuant to section 2035(b)(2)(B) of title 10, United States Code, and has entered into an agreement with a host unit to allow students of the cross-town unit to participate in JROTC activities at the campus of the host unit.
(2)
added
Guidance— If the Secretary establishes the types of affiliation under paragraph (1), the Secretary shall prescribe guidance that clarifies the roles, responsibilities, and requirements for each such type.
(3)
added
Report— Not later than 180 days after the Secretary creates such types of affiliation, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such affiliations. Such a report shall include the following elements:
(A)
added
The number and locations of cross-town units.
(B)
added
Total enrollment numbers for each cross-town units.
(C)
added
Recommendations for further improvements or changes to enhance the effectiveness of JROTC.
(d)
added
Report on honor schools— Not later than September 30, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on schools designated as honor schools by the Secretaries of the Army, Navy, and Air Force. Such report shall include the following elements:
(1)
added
The criteria for such designation.
(2)
added
A list of schools so designated.
(3)
added
The percentage of honor graduates of honor schools who, after nomination pursuant to subsection (b)(4) of section 7442, 8454, or 9442 of title 10, United States Code, enroll as cadets or midshipmen at a Service Academy (as such term is defined in section 347 of title 10, United States Code).
Sec. 532
Alternative service in the defense industrial base by individuals denied enlistment
added
(a)
added
In general— Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(c) Alternative service in the defense industrial base
added
“(1) The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about with opportunities to work in the defense industrial base.
added
“(2) An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment.
added
“(3) In carrying out the program, the Secretary shall—
added
“(A) identify job opportunities in the defense industrial base;
added
“(B) provide available information about training or certification programs to obtain the skills necessary for such a job; and
added
“(C) seek to enter into agreements with entities in the defense industrial base.
added
“(4) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the program under this subsection. Such a report shall include, with respect to the year preceding the date of the report, the following elements:
added
“(A) The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).
added
“(B) The number of individuals described in paragraph (2) provided information described in paragraph (3)(B).
added
“(C) The number of agreements described in paragraph (3)(C) into which the Secretary entered.”
(b)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the implementation of subsection (c) of such section, as added by subsection (a).
Sec. 533
Medical accession standards for members of the Armed Forces
added
added
Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:
added
“658. Medical accession standards for members of the armed forces
added
“(a) Establishment of standards
added
“(1) The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall—
added
“(A) apply uniformly for all commissioned officers of an armed force; and
added
“(B) apply uniformly for all enlisted members of an armed force across each occupational specialty.
added
“(2) The Secretary concerned shall make readily available and understandable to potential members of the armed forces the standards established under paragraph (1), including an explanation of the process established under subsection (c)(1) and the process for seeking approval under subsection (c)(2).
added
“(b) Prohibition on certain medical disqualifications—No person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if—
added
“(1) the diagnosis occurred before such person reached the age of 13 years old;
added
“(2) the condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the armed forces;
added
“(3) a licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the armed forces; and
added
“(4) the Secretary concerned determines such diagnosis is unlikely to impact the health and readiness of the armed force of which such person seeks to become a member.
added
“(c) Process for review or waiver of medical disqualifications
added
“(1) The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the armed forces.
added
“(2) The Secretary concerned may approve the accession of a person into the armed forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security.
added
“(d) Reports
added
“(1) The Secretary of Defense shall submit to the congressional defense committees an annual report identifying—
added
“(A) the number of persons disqualified from service as a member of the armed forces during the preceding calendar year due to medical history;
added
“(B) the number and type of approvals granted under subsection (c)(2) during the preceding calendar year; and
added
“(C) any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report.
added
“(2) For any fiscal year in which the Secretary concerned approves the accession of a person into the Coast Guard under subsection (c)(2), the Secretary of the department in which the Coast Guard is operating shall submit, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying the information required under paragraph (1)(B) with regards to such member.”
Sec. 534
Selective Service System: automatic registration
added
(a)
added
Automatic registration— The Military Selective Service Act (50 U.S.C. 3801 et seq.) is amended by striking section 3 (50 U.S.C. 3802) and inserting the following new section 3:
added
“3.
added
“(a)
added
“(1) Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System.
added
“(2) This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101) for so long as such alien continues to maintain a lawful nonimmigrant status in the United States.
added
“(b) Regulations prescribed pursuant to this section (a) may require—
added
“(1) a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person;
added
“(2) a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and
added
“(3) the Director to provide, to a person registered under this section, written notification that—
added
“(A) such person has been so registered; and
added
“(B) if such person is not required to be so registered, the procedure by which such person may correct such registration.”
(b)
added
Technical and conforming amendments— The Military Selective Service Act is further amended—
(1)
added
in section 4 (50 U.S.C. 3803)—
(A)
added
in subsection (a)—
(i)
added
by striking “required to register” each place it appears and inserting “registered”;
(ii)
added
by striking “at the time fixed for his registration,”; and
(iii)
added
by striking “who is required to register” and inserting “registered”;
(B)
added
in subsection (k)(2), in the matter following subparagraph(B), by striking “liable for registration” and inserting “registered”;
(2)
added
in section 6(a) (50 U.S.C. 3806(a))—
(A)
added
in paragraph (1)—
(i)
added
by striking “required to be”;
(ii)
added
by striking “subject to registration” and inserting “registered”; and
(iii)
added
by striking “liable for registration and training” and inserting “registered and liable for training”;
(B)
added
in paragraph (2), by striking “required to be” each place it appears;
(3)
added
in section 10(b)(3) (50 U.S.C. 3809(b)(3)) by striking “registration,”;
(4)
added
in section 12 (50 U.S.C. 3811)—
(A)
added
in subsection (d)—
(i)
added
by striking “, neglecting, or refusing to perform the duty of registering imposed by” and inserting “registration under”; and
(ii)
added
by striking “, or within five years next after the last day before such person does perform his duty to register, whichever shall first occur”;
(B)
added
in subsection (e)—
(i)
added
by striking “the Secretary of Health and Human Services” and inserting “Federal agencies”;
(ii)
added
by striking “by a proclamation of the President” and inserting “to be registered”;
(iii)
added
by striking “to present themselves for and submit to registration under such section”; and
(iv)
added
by striking “by the Secretary”; and
(C)
added
by striking subsection (g) (50 U.S.C. 3811(g)); and
(5)
added
in section 15(a) (50 U.S.C. 3813(a)), by striking “upon publication by the President of a proclamation or other public notice fixing a time for any registration under section 3”.
(c)
added
Effective date— The amendments made by this section shall take effect one year after the date of the enactment of this Act.
Sec. 541
Training requirements for occupational specialties with civilian equivalents
added
added
Chapter 101 of title 10, United States Code, is amended by inserting after section 2009 the following new section:
added
“2010. Training requirements for occupational specialties with civilian equivalents
added
“The Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements.”
Sec. 542
Inclusion of Space Force education programs in definitions regarding professional military education
added
(a)
added
Senior and intermediate level service schools— Section 2151(b) of title 10, United States Code, is amended—
(1)
added
by adding at the end of paragraph (1) the following new subparagraph:
added
“(E) The Space Force Senior Level Education Program.”
(2)
added
by adding at the end of paragraph (2) the following new subparagraph:
added
“(E) The Space Force Intermediate Level Education Program.”
(b)
added
Budget requests for professional military education— Section 2162(d) of such title is amended by adding at the end the following new paragraphs:
added
“(9) The Space Force Senior Level Education Program.
added
“(10) The Space Force Intermediate Level Education Program.”
Sec. 543
Center for Strategic Deterrence and Weapons of Mass Destruction Studies
added
added
Chapter 108 of title 10, United States Code, is amended by inserting after section 2165 the following new section:
added
“2166. National Defense University: Center for Strategic Deterrence and Weapons of Mass Destruction Studies
added
“(a) Establishment—The Secretary of Defense shall establish a Center for Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the “Center”).
added
“(b) Mission—The Center established under subsection (a) shall—
added
“(1) prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government;
added
“(2) develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction;
added
“(3) in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education;
added
“(4) serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education;
added
“(5) design, develop, and implement studies and analyses to enhance understanding of—
added
“(A) strategic deterrence;
added
“(B) the threat of weapons of mass destruction to the security of the United States and globally; and
added
“(C) responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and
added
“(6) provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders.”
Sec. 544
Service Academies; appointments and additional appointees
added
(a)
added
United States Military Academy—
(1)
added
Appointments— Section 7442 of title 10, United States Code, is amended—
(A)
added
in subsection (a)—
(i)
added
by striking “subsection (j)” and inserting “subsection (k)”;
(ii)
added
in paragraph (1), by striking “as established by competitive examinations” and inserting “as determined by candidate composite score rank”; and
(iii)
added
in the matter following paragraph (10)—
(I)
added
in the second sentence—
(aa)
added
by inserting “(in which event selection shall be in order of merit as determined by candidate composite score rank)” after “may be submitted without ranking”; and
(bb)
added
by striking “9 ranked” and inserting “14 ranked”;
(II)
added
by inserting after the second sentence the following “If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.”; and
(III)
added
by striking “shall be considered qualified alternates for the purpose of selection under other provisions of this chapter” and inserting “shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees”;
(B)
added
by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
(C)
added
by inserting after subsection (a) the following new subsection:
added
“(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.”
(D)
added
in subsection (c), as redesignated by subparagraph (B)—
(i)
added
in paragraph (1), by striking “one hundred selected by the President” and inserting “up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank”;
(ii)
added
in paragraph (2)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iii)
added
in paragraph (3)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iv)
added
in paragraph (4)—
(I)
added
by striking “20” and inserting “up to 20 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end; and
(v)
added
by striking paragraph (5);
(E)
added
in subsection (f), as redesignated by subparagraph (B), by striking “subsection (b)” and inserting “subsection (c)”;
(F)
added
in subsection (h), as so redesignated—
(i)
added
by striking “subsection (b)” each place it appears and inserting “subsection (c)”; and
(ii)
added
in paragraph (4), by striking “subsection (e)” and inserting “subsection (f)”; and
(G)
added
by adding at the end the following new subsections:
added
“(l) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
added
“(m) Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
added
“(1) with respect to the preceding admissions cycle—
added
“(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
added
“(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and
added
“(2) for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.”
(2)
added
Additional appointees— Section 7443 of title 10, United States Code, is amended—
(A)
added
in the section heading, by striking “appointment” and inserting “additional appointments”;
(B)
added
in the first sentence—
(i)
added
by inserting “(a)” before “If it is determined”; and
(ii)
added
by striking “ who competed for nomination” and inserting “who were eligible and competed unsuccessfully for nomination under any other provision of law”;
(C)
added
in the second sentence—
(i)
added
by striking “(8)” and inserting “(10)”; and
(ii)
added
by striking “holding competitive nominations” and inserting “who were eligible and competed unsuccessfully for nomination”; and
(D)
added
by adding at the end the following: “All provisions relating to candidate composite score in section 7442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
added
“(b) Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
added
“(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores;
added
“(2) the total number of qualified and nominated (by any source), but not selected, candidates; and
added
“(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.”
(b)
added
United States Naval Academy—
(1)
added
Appointments— Section 8454 of title 10, United States Code, is amended—
(A)
added
in subsection (a)—
(i)
added
by striking “subsection (h)” and inserting “subsection (i)”;
(ii)
added
in paragraph (1), by striking “as established by competitive examination” and inserting “as determined by candidate composite score rank”; and
(iii)
added
in the matter following paragraph (10)—
(I)
added
in the second sentence—
(aa)
added
by inserting “(in which event selection shall be in order of merit as determined by candidate composite score rank)” after “may be submitted without ranking”; and
(bb)
added
by striking “9 ranked” and inserting “14 ranked”;
(II)
added
by inserting after the second sentence the following “If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.”; and
(III)
added
by striking “shall be considered qualified alternates for the purpose of selection under other provisions of this chapter” and inserting “shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees”;
(B)
added
by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;
(C)
added
by inserting after subsection (a) the following new subsection:
added
“(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.”
(D)
added
in subsection (c), as redesignated by subparagraph (B)—
(i)
added
in paragraph (1), by striking “one hundred selected by the President” and inserting “up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank”;
(ii)
added
in paragraph (2)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iii)
added
in paragraph (3)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iv)
added
in paragraph (4)—
(I)
added
by striking “20” and inserting “up to 20 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end; and
(v)
added
by striking paragraph (5);
(E)
added
in subsection (f), as redesignated by subparagraph (B), by striking “subsection (b)” both places it appears and inserting “subsection (c)”; and
(F)
added
by adding at the end the following new subsections:
added
“(j) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
added
“(k) Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
added
“(1) with respect to the preceding admissions cycle—
added
“(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
added
“(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and
added
“(2) for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman.”
(2)
added
Additional appointees— Section 8456 of title 10, United States Code, is amended—
(A)
added
in the section heading, by inserting “, additional appointments” after “Midshipmen”; and
(B)
added
in subsection (b)—
(i)
added
in the first sentence, by striking “who competed for nomination” and inserting “who were eligible and competed unsuccessfully for nomination under any other provision of law”;
(ii)
added
in the second sentence—
(I)
added
by striking “(8)” and inserting “(10)”; and
(II)
added
by striking “who competed for appointment” and inserting “who were eligible and competed unsuccessfully for nomination”; and
(iii)
added
by adding at the end the following: “All provisions relating to candidate composite score in section 8454 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
added
“(d) Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
added
“(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores;
added
“(2) the total number of qualified and nominated (by any source), but not selected, candidates; and
added
“(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.”
(c)
added
United States Air Force Academy—
(1)
added
Appointments— Section 9442 of title 10, United States Code, is amended—
(A)
added
in subsection (a)—
(i)
added
by striking “subsection (j)” and inserting “subsection (k)”;
(ii)
added
in paragraph (1), by striking “as established by competitive examination” and inserting “as determined by candidate composite score rank”; and
(iii)
added
in the matter following paragraph (10)—
(I)
added
in the second sentence—
(aa)
added
by inserting “(in which event selection shall be in order of merit as determined by candidate composite score rank)” after “may be submitted without ranking”; and
(bb)
added
by striking “9 ranked” and inserting “14 ranked”;
(II)
added
by inserting after the second sentence the following “If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.”; and
(III)
added
by striking “shall be considered qualified alternates for the purpose of selection under other provisions of this chapter” and inserting “shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees”;
(B)
added
by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
(C)
added
by inserting after subsection (a) the following new subsection:
added
“(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.”
(D)
added
in subsection (c), as redesignated by subparagraph (B)—
(i)
added
in paragraph (1), by striking “one hundred selected by the President” and inserting “up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank”;
(ii)
added
in paragraph (2)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iii)
added
in paragraph (3)—
(I)
added
by striking “85” and inserting “up to 85 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end;
(iv)
added
in paragraph (4)—
(I)
added
by striking “20” and inserting “up to 20 qualified candidates”; and
(II)
added
by inserting “, selected in order of merit as determined by candidate composite score rank” before the period at the end; and
(v)
added
by striking paragraph (5);
(E)
added
in subsection (f), as redesignated by subparagraph (B), by striking “subsection (b)” and inserting “subsection (c)”;
(F)
added
in subsection (h), as so redesignated—
(i)
added
in paragraph (2), by striking “subsection (b)” each place it appears and inserting “subsection (c)”;
(ii)
added
in paragraph (3)—
(I)
added
by striking “subsection (b)(5)” and insert “subsection (b)”;
(II)
added
in subparagraphs (A) through (C), by striking “subsection (b)” each place it appears and inserting “subsection (c)”; and
(iii)
added
in paragraph (4), by striking “subsection (e)” and inserting “subsection (f)”; and
(G)
added
by adding at the end the following new subsections:
added
“(l) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
added
“(m) Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
added
“(1) with respect to the preceding admissions cycle—
added
“(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
added
“(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and
added
“(2) for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.”
(2)
added
Additional appointees— Section 9443 of title 10, United States Code, is amended—
(A)
added
in the section heading, by striking “appointment” and inserting “additional appointments”;
(B)
added
in the first sentence—
(i)
added
by inserting “(a)” before “If it is determined”; and
(ii)
added
by striking “who competed for nomination” and inserting “who were eligible and competed unsuccessfully for nomination under any other provision of law”;
(C)
added
in the second sentence—
(i)
added
by striking “(8)” and inserting “(10)”; and
(ii)
added
by striking “holding competitive nominations” and inserting “who were eligible and competed unsuccessfully for nomination”; and
(D)
added
by adding at the end the following: “All provisions relating to candidate composite score in section 9442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
added
“(b) Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
added
“(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores;
added
“(2) the total number of qualified and nominated (by any source), but not selected, candidates; and
added
“(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.”
Sec. 545
Modifications to alternative obligation for cadets and midshipmen
added
(a)
added
United States Military Academy— Section 7448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking “three” and inserting “five”.
(b)
added
United States Naval Academy— Section 8459(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking “three” and inserting “five”.
(c)
added
United States Air Force Academy— Section 9448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking “three” and inserting “five”.
Sec. 546
Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies
added
(a)
added
United States Military Academy— Section 7455(a)(8) of title 10, United States Code, is amended by striking “one other member” and inserting “two other members”.
(b)
added
United States Naval Academy— Section 8468(a)(8) of title 10, United States Code, is amended by striking “one other member” and inserting “two other members”.
(c)
added
United States Air Force Academy— Section 9455(a)(8) of title 10, United States Code, is amended by striking “one other member” and inserting “two other members”.
Sec. 547
Detail of members of the Space Force as instructors at Air Force Institute of Technology
added
(a)
added
In general— Section 9414 of title 10, United States Code, is amended—
(1)
added
by striking the heading and inserting the following new heading:
added
“9414. United States Air Force Institute of Technology: degree granting authority; faculty, reimbursement and tuition; acceptance of research grants”
(2)
added
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(3)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Space Force faculty
added
“(1) The Secretary shall detail members of the Space Force as instructors at the United States Air Force Institute of Technology to provide instruction in areas that support the mission of the Space Force.
added
“(2) The number of members of the Space Force detailed by the Secretary to the United States Air Force Institute of Technology as instructors during an academic year shall be equal to or greater than the product of—
added
“(A) the total number of members of the Space Force divided by the total number of members of the Space Force and the Air Force; and
added
“(B) the total number of instructors at the United States Air Force Institute of Technology.”
(b)
added
Report— Not later than two years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the implementation of subsection (e) of section 9414 of title 10, United States Code, as added by subsection (a) of this section, including—
(1)
added
an identification of the number, academic specialties, and courses of instruction of the members of the Space Force detailed as instructors at the United States Air Force Institute of Technology; and
(2)
added
an assessment of the contributions of those instructors to Space Force objectives.
Sec. 548
Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy
added
added
Section 545 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 8431 note prec.) is repealed.
Sec. 549
Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment
added
(a)
added
Establishment— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement pilot program to optimize the use of generative artificial intelligence and spatial computing for immersive training and assessment.
(b)
added
Elements— The pilot program required by subsection (a) shall include—
(1)
added
the development of content with respect to not less than 5 occupational specialties; and
(2)
added
methods to assess the feasibility and effectiveness of the use of generative artificial intelligence and spatial computing training methods in comparison to other training methods, particularly with respect to cost and time required to achieve training goals.
(c)
added
Termination— The pilot program required by subsection (a) shall terminate on the date that is one year after the date of the establishment of the program.
(d)
added
Report— Not later than 90 days after the termination of the pilot program required by subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report describing the results of the pilot program, including an analysis of the effectiveness of the use of generative artificial intelligence and spatial computing for training and a description of any cost savings and savings in time required to achieve training goals.
Sec. 549A
Prohibition on use of Federal funds to endorse critical race theory
added
(a)
added
Prohibition— No funds authorized to be appropriated by this Act may be used to endorse critical race theory—
(1)
added
at an academic institution operated by the Department of Defense;
(2)
added
in training provided to a member of the Armed Forces; or
(3)
added
in professional military education.
(b)
added
Protection of academic freedom— Nothing in this section shall be construed to supersede the institutional autonomy or academic freedom of instructors involved in the selection of textbooks, supplemental materials, or other classroom materials, or in the preparation or presentation of classroom instruction or lectures.
(c)
added
Critical race theory defined— In this section, the term “critical race theory” means the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.
Sec. 549B
Prohibition on the reduction of funding for foreign language training for members of the Armed Forces
added
(a)
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 may be obligated or expended by the Department of Defense to terminate, replace, reduce, or prepare to terminate, replace, or reduce a program of foreign language training or instruction until the Secretary of Defense submits to the congressional defense committees a report on the planned termination, replacement, or reduction, including—
(1)
added
an identification of the programs the Secretary is seeking to terminate, replace, or reduce;
(2)
added
the intent, scope, and impact of any funding reductions to foreign language training or instruction in relation to the national security interests of the United States;
(3)
added
the impact of the termination, replacement, or reduction of the program on existing military linguists and Foreign Area Officers; and
(4)
added
a certification that any termination, replacement, or reduction will not negatively impact the operations and mission of the Defense Language Institute Foreign Language Center.
(b)
added
Programs included— For purposes of subsection (a), a program of foreign language training or instruction includes—
(1)
added
institutional language training programs conducted by the Defense Language Institute Foreign Language Center;
(2)
added
unit-level or operational foreign language instruction and sustainment training;
(3)
added
immersive or in-country language training programs;
(4)
added
associated curriculum development, instructional staffing, and digital language training support; and
(5)
added
any other program or activity of the Department of Defense that provides foreign language training or instruction to members of the Armed Forces.
Sec. 549C
Limitation on authority to reorganize the Senior Reserve Officers' Training Corps of the Army
added
(a)
added
Limitation— The Secretary of the Army may not reorganize a unit of the program of the Army until 90 days after the Secretary, acting through the Army Cadet Command, submits to the Committees on Armed Services of the Senate and House of Representatives a briefing. Elements of such a briefing shall specify the following, with regards to such proposed reorganization:
(1)
added
Each position to be eliminated.
(2)
added
A risk analysis regarding Army officer accessions that justifies such reorganization.
(3)
added
Potential cost savings or expenses to the United States.
(4)
added
The number of members of the program affected by the reorganization, including travel required travel.
(5)
added
Any change to a scholarship awarded under section 2107 or 2107a of title 10, United States Code.
(b)
added
Definitions— In this section:
(1)
added
The terms “program” and “member of the program” have the meanings given such terms in section 2101 of title 10, United States Code.
(2)
added
The term “reorganize”, with respect to a unit of the program, includes closing, restructuring, reclassifying, merging, or realigning.
Sec. 551
Ensuring the availability of legal advice to commanders
added
added
Section 162(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(5) In all cases, forces assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations and all commanders authorized to convene courts-martial under sections 822 through 824 of this title. The qualifications of judge advocates assigned under this paragraph shall include—
added
“(A) the qualifications set forth in section 827 of this title; and
added
“(B) any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.”
Sec. 552
Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice
added
added
Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows:
added
“917a. Art. 117a. Wrongful broadcast, distribution, or publication of intimate visual images
added
“(a) Prohibition—Any person subject to this chapter—
added
“(1) who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—
added
“(A) the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;
added
“(B) the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual;
added
“(B) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
added
“(C) what is depicted is not a matter of public concern; and
added
“(D) the broadcast, distribution, or publication of the intimate visual depiction—
added
“(i) is intended to cause harm; or
added
“(ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual;
added
“(2) who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to—
added
“(A) abuse, humiliate, harass, or degrade the minor; or
added
“(B) arouse or gratify the sexual desire of any person;
added
“(3) who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if—
added
“(A) the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual;
added
“(B) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
added
“(C) what is depicted is not a matter of public concern; and
added
“(D) the broadcast, distribution, or publication of the digital forgery—
added
“(i) is intended to cause harm; or
added
“(ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or
added
“(4) who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to—
added
“(A) abuse, humiliate, harass, or degrade the minor; or
added
“(B) arouse or gratify the sexual desire of any person,
added
“(b) Exceptions—Subsection (a) shall not apply to—
added
“(1) a lawfully authorized investigative, protective, or intelligence activity of—
added
“(A) a law enforcement agency of the United States, a State, or a political subdivision of a State; or
added
“(B) an intelligence agency of the United States;
added
“(2) a disclosure made reasonably and in good faith—
added
“(A) to a law enforcement officer or agency;
added
“(B) as part of a document production or filing associated with a legal proceeding;
added
“(C) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose;
added
“(D) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
added
“(E) to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;
added
“(3) a disclosure reasonably intended to assist the identifiable individual; or
added
“(4) a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.
added
“(c) Consent—For the purposes of subsection (a)—
added
“(1) the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and
added
“(2) the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction.
added
“(d) Definitions—In this section:
added
“(1) Consent—The term “consent” means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
added
“(2) Digital forgery—The term “digital forgery” means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.
added
“(3) Identifiable individual—The term “identifiable individual” means an individual—
added
“(A) who appears in whole or in part in an intimate visual depiction; and
added
“(B) whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction.
added
“(4) Visual depiction—The term “visual depiction” includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format.
added
“(5) Intimate visual depiction—The term “intimate visual depiction”—
added
“(A) means a visual depiction that depicts—
added
“(i) the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or
added
“(ii) the display or transfer of bodily sexual fluids—
added
“(I) on to any part of the body of an identifiable individual;
added
“(II) from the body of an identifiable individual; or
added
“(iii) an identifiable individual engaging in sexually explicit conduct; and
added
“(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—
added
“(i) voluntarily display the content depicted; or
added
“(ii) consent to the sexual conduct depicted.
added
“(6) Sexually explicit conduct—The term “sexually explicit conduct” means actual or simulated—
added
“(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
added
“(B) bestiality;
added
“(C) masturbation;
added
“(D) sadistic or masochistic abuse; or
added
“(E) lascivious exhibition of the genitals or pubic area of any person.
added
“(7) Minor—The term “minor” means any individual under the age of 18 years.
added
“(8) Broadcast—The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
added
“(9) Distribute—The term “distribute” means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.
added
“(10) Communications service—The term “communications service” means—
added
“(A) a service provided by a person that is a common carrier;
added
“(B) an electronic communication service;
added
“(C) an information service; or
added
“(D) an interactive computer service.
added
“(11) Common carrier—The term “common carrier” means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.
added
“(12) Electronic communication service—The term “electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications.
added
“(13) Information service—The term “information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
added
“(14) Interactive computer service—The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.”
Sec. 553
Punitive article under the Uniform Code of Military Justice for offenses relating to child pornography
added
(a)
added
In general— Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended by inserting after section 917a (article 117a) the following new section (article):
added
“917b. Art. 117b. Child pornography
added
“(a) Prohibition—Any person subject to this chapter who knowingly and wrongfully—
added
“(1) possesses, receives, or views child pornography;
added
“(2) possesses child pornography with the intent to distribute;
added
“(3) distributes child pornography; or
added
“(4) produces child pornography,
added
“(b) Maximum punishments
added
“(1) The maximum punishment for the offense of possessing, receiving, or viewing child pornography under subsection (a)(1) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
added
“(2) The maximum punishment for the offense of possessing child pornography with intent to distribute under subsection (a)(2) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
added
“(3) The maximum punishment for the offense of distributing child pornography under subsection (a)(3) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
added
“(4) The maximum punishment for the offense of producing child pornography under subsection (a)(4) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.
added
“(c) Treatment of personally identifiable information—On motion of the Government, in any prosecution under this section, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence.
added
“(d) Determination wrongfulness—Any facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement.
added
“(e) Determination of knowing—An accused may not be convicted of an offense under subsection (a) if the accused was not aware that the visual depiction involved was of a minor or what appeared to be a minor, engaged in sexually explicit conduct. Awareness may be inferred from circumstantial evidence such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed.
added
“(f) Definitions—In this section:
added
“(1) The term “child pornography” means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.
added
“(2) The term “distribute” means to deliver to the actual or constructive possession of another.
added
“(3) The term “minor” means any person under the age of 18 years.
added
“(4) The term “possess” means to exercise control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to possess an item simultaneously, as when several people share control over an item.
added
“(5) The term “produce”—
added
“(A) means to create or manufacture child pornography that did not previously exist; and
added
“(B) does not include reproducing or copying child pornography.
added
“(6) The term “sexually explicit conduct” means actual or simulated—
added
“(A) sexual intercourse or sodomy, including genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
added
“(B) bestiality;
added
“(C) masturbation;
added
“(D) sadistic or masochistic abuse; or
added
“(E) lascivious exhibition of the genitals, anus, or pubic area of any person.
added
“(7) The term “visual depiction” includes—
added
“(A) any developed or undeveloped photograph, picture, film, or video; any digital or computer image, picture, film, or video made by any means, including those transmitted by any means including streaming media, even if not stored in a permanent format; or
added
“(B) any digital or electronic data capable of conversion into a visual image.”
(b)
added
Conforming amendment to definition of covered offense— Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), is amended—
(1)
added
by inserting “section 917b (article 117b),” after “section 917a (article 117a),”; and
(2)
added
by striking “the standalone offense of child pornography punishable under section 934 (article 134),”.
Sec. 554
Authorization of death penalty for offense of rape of a child under the Uniform Code of Military Justice
added
added
Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting “by death, or such other punishment” after “shall be punished”.
Sec. 555
Increase in maximum sentence for the offense of voluntary manslaughter under the Uniform Code of Military Justice
added
(a)
added
Review and recommendation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Joint Service Committee on Military Justice, shall review and recommend to the President an increase for the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Uniform Code of Military Justice).
(b)
added
Implementation— Following receipt of the recommendation under subsection (a) but not later than one year after the date of the enactment of this Act, the President shall prescribe regulations updating the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Unform Code of Military Justice), in accordance with such recommendation.
Sec. 556
Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice
added
(a)
added
Analysis required— The Secretary of Defense, in coordination with the Joint Service Committee on Military Justice, shall analyze the advisability of modifying the definition of abusive sexual contact under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), to address the full range of harmful behaviors associated with sexual assault and to prevent misapplication of the offense to acts that are not inherently abusive.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the analysis under subsection (a) and any associated recommendations.
Sec. 557
Revision to sexual assault prevention and response training guidance
added
(a)
added
Revision requirement— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness, in coordination with the Director of the Sexual Assault Prevention and Response Office of the Department of Defense, shall revise sexual assault prevention and response training guidance to require that information on the resources of the Department of Veterans Affairs to address experiences with unwanted sexual behavior be included in the annual or periodic sexual assault prevention and response training that is administered to all members of the Armed Forces.
(b)
added
Implementation oversight— The Secretary of Defense shall ensure that each Secretary of a military department—
(1)
added
incorporates the revised guidance under subsection (a) into the formal training curricula of the military department concerned;
(2)
added
provides documented confirmation to the Under Secretary of Defense for Personnel and Readiness that the revised training has been delivered to all currently serving members of the Armed Forces within one year of the approval of such revised guidance; and
(3)
added
establishes a mechanism to verify continued compliance with the revised guidance.
(c)
added
Reporting— Not later than one year after the date on which the revised guidance is issued under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1)
added
an assessment of the extent to which each military department has implemented the guidance; and
(2)
added
statistics on number of members of the Armed Forces trained under the revised guidance.
(d)
added
Definitions— In this section:
(1)
added
The term “unwanted sexual behavior” means any sexual contact or interaction to which an individual does not or could not freely consent, including harassment, coercion, assault, or abuse.
(2)
added
The term “sexual assault prevention and response training” means any training, instruction, or education provided pursuant to Department of Defense Instruction 6495.02, Volume 2 or any successor guidance.
Sec. 558
Reports and briefings on efforts to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence within the Department of Defense
added
(a)
added
Quarterly reports—
(1)
added
In General— Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense, acting through the Executive Director of Force Resiliency, shall submit to the committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence.
(2)
added
Elements— Each report under paragraph (1) shall include the following:
(A)
added
An overview of the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate partner violence.
(B)
added
With respect to the period covered by the report, the most recently available data on—
(i)
added
reports of sexual assault;
(ii)
added
reports of sexual harassment;
(iii)
added
reports of intimate partner violence;
(iv)
added
staffing of the primary prevention workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
(v)
added
staffing of the sexual assault and harassment response workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
(vi)
added
staffing of the family advocacy program, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps;
(vii)
added
staffing of the offices of special trial counsel, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; and
(viii)
added
staffing of the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Naval Criminal Investigative Service, including filled and unfilled positions dedicated to covered offenses under the jurisdiction of special trial counsels.
(b)
added
Special trial counsel briefings— Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the lead special trial counsels of the Army, Navy, Air Force, and Marine Corps shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of special trial counsels in prosecuting covered offenses.
(c)
added
Definitions— In this section, the terms “covered offense” and “special trial counsel” have the meanings given those terms in section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice).
Sec. 559
Study and recommendations regarding misconduct prevention in Okinawa, Japan
added
(a)
added
Study— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract or other agreement with a federally funded research and development center pursuant to which the center shall—
(1)
added
conduct a study to evaluate the effectiveness of programs, policies, and practices of the covered Armed Forces to prevent criminal activity and other misconduct by members stationed in Okinawa, Japan; and
(2)
added
develop evidence-based options and recommendations for changes to programs, policies, and practices to prevent criminal activity and other misconduct by members of the covered Armed Forces stationed in Okinawa, Japan.
(b)
added
Report to Secretaries— The federally funded research and development center that carries out the study and analysis under subsection (a) shall submit to the Secretary of Defense and the Secretaries of the military departments a report on the results of such study.
(c)
added
Report to Congress— Not later than 30 days after receiving the report under subsection (b), the Secretary of Defense shall submit an unaltered copy of the report to the Committees on Armed Services of the Senate and the House of Representatives.
(d)
added
Improvement plans for military departments— Not later than 180 days after receiving the report under subsection (b), each Secretary of a military department shall—
(1)
added
review the findings of the report and, based on such findings, develop a plan to improve prevention of criminal activity and other misconduct by members of the covered Armed Forces under the jurisdiction of that Secretary who are stationed in Okinawa, Japan; and
(2)
added
provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan.
(e)
added
Covered Armed Forces defined— In this section, the term “covered Armed Forces” means the Army, Navy, Marine Corps, Air Force, and Space Force.
Sec. 561
Establishment of separation oath for members of the Armed Forces
added
(a)
added
Establishment of separation oath— Section 502 of title 10, United States Code, is amended—
(1)
added
in subsection (b), by striking “The oath” and inserting “An oath established by this section”;
(2)
added
by redesignating subsection (b), as amended, as subsection (c); and
(3)
added
by inserting after subsection (a) the following new subsection (b):
added
“(b) Separation oath—Prior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath:
added
““I, __________, recognizing that my oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, has involved me and my fellow members in experiences that few persons, other than our peers, can understand, do solemnly swear (or affirm) to continue to be the keeper of my brothers- and sisters-in-arms and protector of the United States and the Constitution; to preserve the values I have learned; to maintain my body and my mind; to give help to, and seek help from, my fellow veterans; and to not bring harm to myself or others. I take this oath freely and without purpose of evasion, so help me God.””
(b)
added
Clerical amendment— The heading of section 502 of title 10, United States Code, is amended to read as follows:
added
“502. Enlistment oath and separation oath: who may administer”
Sec. 562
Presentation by a veterans service organization in TAP preseparation counseling
added
(a)
added
In general— Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(20) A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation—
added
“(A) shall be standardized;
added
“(B) shall be previously reviewed and approved by the Secretary of Veterans Affairs;
added
“(C) shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs of the Senate and House of Representatives for review at least 90 days before implementation;
added
“(D) shall be presented by—
added
“(i) a national representative of a veterans service organization recognized under section 5902 of title 38; or
added
“(ii) if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present;
added
“(E) shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);
added
“(F) may not encourage the member to join a particular veterans service organization; and
added
“(G) may not exceed one hour in length.”
(b)
added
Annual report— Not less than once each year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, and to the Committees on Veterans’ Affairs of the Senate and House of Representatives, a report—
(1)
added
that identifies each veterans service organization that presented under paragraph (20) of section 1142(b) of title 10, United States Code, as added by subsection (a);
(2)
added
that contains the number of members of the Armed Forces who attended such presentations; and
(3)
added
that includes any recommendations of the Secretary regarding changes to such presentation or to such paragraph.
Sec. 563
Expansion of eligibility of veterans for certain military adaptive sports program
added
added
Section 2564a of title 10, United States Code, is amended in subsection (a)(1)(B), in the matter preceding clause (i), by striking “, during the one-year period following the veteran’s date of separation,”.
Sec. 564
Transition Assistance Program: Department of Labor Employment Navigator and Partnership Pilot Program
added
(a)
added
Establishment— Not later than one year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall carry out a pilot program to be known as the “Employment Navigator and Partnership Pilot Program”. The pilot program shall supplement the program under section 1144 of title 10, United States Code.
(b)
added
Activities— In carrying out the pilot program under this section, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall—
(1)
added
seek to enter into contracts with public, private, and nonprofit entities under which such entities provide individualized employment counseling for members of the Armed Forces and their spouses;
(2)
added
prioritize entering into contracts with qualified private entities that have experience providing instruction to members of the Armed Forces eligible for assistance under the pilot program carried out under this section on—
(A)
added
private sector culture, resume writing, career networking, and training on job search technologies;
(B)
added
academic readiness and educational opportunities; or
(C)
added
other relevant topics, as determined by the Secretary;
(3)
added
give a preference to any private entity that—
(A)
added
has a national or international geographical area of service;
(B)
added
provides multiple forms of career assistance and placement services to—
(i)
added
active duty members of the Armed Forces;
(ii)
added
spouses of active duty members of the Armed Forces;
(iii)
added
veterans; and
(iv)
added
spouses of veterans;
(C)
added
provides services to at least 1,000 individuals who are—
(i)
added
active duty members of the Armed Forces;
(ii)
added
spouses of active duty members of the Armed Forces;
(iv)
added
spouses of veterans;
(D)
added
has continuously, for at least the three-year period immediately preceding the date of the contract, provided services to individuals who are—
(i)
added
active duty members of the Armed Forces;
(ii)
added
spouses of active duty members of the Armed Forces;
(iii)
added
veterans; and
(iv)
added
spouses of veterans; and
(E)
added
has a demonstrated record of success in providing assistance with employment services, as indicated by—
(i)
added
the average wages or earnings of people who receive employment services provided by the entity;
(ii)
added
prior completion of Federal grants or contracts;
(iii)
added
having at least 75 percent of its participants find full-time employment within six months of initially receiving employment services provided by the entity; and
(iv)
added
other employment performance indicators, as determined by the Secretary; and
(4)
added
seek to enter into contracts with not fewer than 10, but not more than 60, private entities under which each such entity is compensated at a rate agreed upon between the Secretary and the entity for each individual who receives employment services provided by the entity and is in unsubsidized employment during the second quarter after exit from the program; and
(5)
added
conduct such other activities as may be necessary for the delivery of individualized employment counseling and other employment services under this section.
(c)
added
Report— Not later than October 1 of each year during the term of the pilot program, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program under this section, including the employment outcomes for members of the Armed Forces and their spouses who receive employment services under the program on the following indicators of performance—
(1)
added
the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;
(2)
added
the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; and
(3)
added
the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program.
(d)
added
Termination— The pilot program shall terminate five years after the date on which the Secretary of Labor begins to carry out the pilot program.
Sec. 565
Skillbridge: apprenticeship programs
added
(a)
added
Study— Not later than September 30, 2026, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Department of the Navy, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members.
(b)
added
Recruitment— The Secretary of Defense shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members.
(c)
added
Definitions— In this section:
(1)
added
The term “covered member” means a member of the Armed Forces eligible for Skillbridge.
(2)
added
The term “registered apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(3)
added
The term “Skillbridge” means an employment skills training program under section 1143(e) of title 10, United States Code.
Sec. 566
Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM
added
(a)
added
Study; report— Not later than September 30, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study on how to—
(1)
added
increase participation of covered individuals in positions in the covered Armed Forces or Department of Defense and related to STEM; and
(2)
added
change Skillbridge to help covered individuals eligible for Skillbridge find civilian employment in positions related to STEM.
(b)
added
Definitions— In this section:
(1)
added
The term “covered Armed Force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2)
added
The term “covered individual” means a female—
(A)
added
member of a covered Armed Force; or
(B)
added
civilian employee of the Department of Defense.
(3)
added
The term “Skillbridge” means an employment skills training program under section 1143(e) of title 10, United States Code.
(4)
added
The term “STEM” means science, technology, engineering, and mathematics.
Sec. 571
Notification of suspected child abuse at providers of child care services or youth programs
added
added
Section 1794 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(g) Notification of suspected child abuse
added
“(1) The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to—
added
“(A) not later than 24 hours after a program becomes aware of alleged or suspected abuse or neglect of a child occurring in such program, notify the parents and guardians of such child of such alleged or suspected abuse or neglect; and
added
“(B) not later than 72 hours after a program becomes aware of alleged abuse or neglect of a child occurring in such program, provide notice of such alleged abuse or neglect to—
added
“(i) the Committees on Armed Services of the Senate and the House of Representatives;
added
“(ii) if the alleged abuse or neglect occurs in one of the several States, the Senators that represent the State in which the alleged abuse or neglect occurred; and
added
“(iii) if the alleged abuse or neglect occurs in a location represented by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Member of, or Delegate or Resident Commissioner to, the House of Representatives that represents such location.
added
“(2) In this subsection, the term “covered child and youth program” means a military child development center, a Department of Defense youth program, a family home day care, or a provider of child care services or youth program services that receives financial assistance under section 1798.”
Sec. 572
Pilot program to increase payments for child care services in high-cost areas
added
added
Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(d) Pilot program for increased payments in high-cost areas
added
“(1) Beginning on January 1, 2027, the Secretary shall establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section as of December 31, 2026, by 30 percent for services provided to children who are two years old or younger in accordance with this subsection.
added
“(2) The Secretary—
added
“(A) shall provide for an increased maximum amount of financial assistance under the pilot program established under this subsection in each area with high child care services costs, as determined by the Secretary; and
added
“(B) may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate.
added
“(3) Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes—
added
“(A) the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location;
added
“(B) the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location;
added
“(C) the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location;
added
“(D) the determination of the Secretary as to whether additional funding under the pilot program—
added
“(i) helped reduce child care costs for applicable military families;
added
“(ii) increased child care provider participation in the financial assistance available under this section; and
added
“(iii) increased access to infant and toddler care for military families;
added
“(E) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
added
“(F) any challenges identified by the Secretary in carrying out the pilot program;
added
“(G) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
added
“(H) any other information the Secretary determines appropriate.
added
“(4) Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes—
added
“(A) the elements specified in subparagraphs (A) through (H) of paragraph (3); and
added
“(B) the recommendation of the Secretary as to whether to make the pilot program permanent.
added
“(5) The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.”
Sec. 573
Pilot program to increase payments for child care services in high-cost areas
added
added
Section 1798 of title 10, United States Code, is amended—
(1)
added
by redesignating subsection (c) as subsection (d); and
(2)
added
by inserting after subsection (b) the following new subsection:
added
“(c) Pilot program for grants to increase infant and toddler capacity in high-cost areas
added
“(1) The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers.
added
“(2) A grant awarded under the pilot program established under paragraph (1) shall—
added
“(A) be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and
added
“(B) require the recipient of a grant to—
added
“(i) make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and
added
“(ii) certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i).
added
“(3) The Secretary—
added
“(A) shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs, as determined by the Secretary; and
added
“(B) may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate.
added
“(4) Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes—
added
“(A) the number of eligible providers participating in the pilot program, disaggregated by location;
added
“(B) the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation;
added
“(C) the determination of the Secretary as to whether grants provided under the pilot program—
added
“(i) helped reduce child care costs for applicable military families;
added
“(ii) increased child care provider participation in the financial assistance available under this section; and
added
“(iii) increased access to infant and toddler care for military families;
added
“(D) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
added
“(E) any challenges identified by the Secretary in carrying out the pilot program;
added
“(F) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
added
“(G) any other information the Secretary determines appropriate.
added
“(5) Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes—
added
“(A) the elements specified in subparagraphs (A) through (G) of paragraph (4); and
added
“(B) the recommendation of the Secretary as to whether to make the pilot program permanent.
added
“(6) The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
added
“(7) In this subsection, the term “appropriate congressional committees” means—
added
“(A) the congressional defense committees;
added
“(B) the Committee on Commerce, Science, and Transportation of the Senate; and
added
“(C) the Committee on Transportation and Infrastructure of the House of Representatives.”
Sec. 574
Extension of pilot program to provide financial assistance to members of the Armed Forces for in-home child care
added
(a)
added
Extension— Subsection (d) of section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 1791 note) is amended by striking “five years after” and all that follows and inserting “on December 31, 2029.”.
(b)
added
Final Report— Subsection (c)(2) of such section is amended by striking “90 days after” and inserting “one year before”.
Sec. 575
Military OneSource: information regarding maternal health care
added
added
Section 561 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781 note) is amended, in subsection (b)—
(1)
added
by redesignating paragraphs (4) through (17) as paragraphs (5) through (18), respectively; and
(2)
added
by striking paragraphs (2) and (3) and inserting after paragraph (1) the following new paragraphs:
added
“(2) Health care.
added
“(3) Maternal health care, including the following:
added
“(A) A list of maternal health services, including pre- and post-natal care.
added
“(B) A guide to continuity of such care through a permanent change of station.
added
“(C) With regards to a pregnant member, relevant regulations, options for leave, and uniform resources and requirements.
added
“(4) Death benefits and life insurance programs.”
Sec. 576
Prohibition on availability of funds for termination of DODEA and child care workers
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to terminate employees of Military Child Development Programs or employees of the Department of Defense Education Activity, regardless of whether such positions are funded by appropriated or nonappropriated funds, unless the employee was documented as not performing or engaging in misconduct.
Sec. 581
Ensuring access to DODEA schools for certain members of the reserve components
added
added
Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(n) Eligibility of dependents of certain members of the reserve components
added
“(1) A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be place on a wait-list for enrollment in the school.
added
“(2) A member described in this paragraph is a member—
added
“(A) of a reserve component;
added
“(B) performing active service; and
added
“(C) pursuant to an order for accompanied permanent change of station.”
Sec. 582
Certain assistance to local educational agencies that benefit dependents of military and civilian personnel
added
(a)
added
Continuation of authority to assist local educational agencies that benefit dependents of members of the armed forces and department of defense civilian employees—
(1)
added
Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2026 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2)
added
Local educational agency defined— In this subsection, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of (20 U.S.C. 7713(9)).
(b)
added
Impact aid for children with severe disabilities—
(1)
added
In general— Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2)
added
Additional amount— Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
(3)
added
Briefing— Not later than March 31, 2026, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the Department of Defense’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.
Sec. 583
Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs
added
(a)
added
Certification— On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.
(b)
added
Report— Not later than June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—
(1)
added
each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and
(2)
added
each military installation that has not confirmed the information contained in such forms as of such date.
(c)
added
Definitions— In this section:
(1)
added
The term “impact aid source check form” means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)).
(2)
added
The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Sec. 591
Authorization for award of Medal of Honor to James Capers, Jr., for acts of valor as a member of the Marine Corps during the Vietnam War
added
(a)
added
Authorization— Notwithstanding the time limitations specified in section 8298 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 8291 of such title, to James Capers, Jr., for the acts of valor described in subsection (b).
(b)
added
Acts of valor described— The acts of valor described in this subsection are the actions of James Capers, Jr., as a member of the Marine Corps, during the period of March 31 through April 3, 1967, during the Vietnam War, for which he was previously awarded the Silver Star.
Sec. 592
Authorization to award the Medal of Honor to retired Colonel Philip J. Conran for acts of valor in Laos during the Vietnam war
added
added
Notwithstanding the time limitations specified in section 9274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 9271 of such title, to retired Colonel Philip J. Conran for the acts of valor in Laos during the Vietnam war, for which he was previously awarded the Air Force Cross.
Sec. 601
Codification of applicability to Space Force of certain pay and allowance authorities
added
(a)
added
Definitions— Section 101 of title 37, United States Code, is amended—
(1)
added
in paragraph (22), by inserting “, or for members of the Space Force in space force active status not on sustained duty,” after “reserve component” in subparagraphs (A) and (B); and
(2)
added
by adding at the end the following new paragraphs:
added
“(27) The term “space force active status” has the meaning given that term in section 101 of title 10.
added
“(28) The term “sustained duty” has the meaning given that term in section 101 of title 10.”
(b)
added
Basic pay— Chapter 3 of such title is amended as follows:
(1)
added
References to officer grades— Section 201(a) of such title is amended—
(A)
added
by striking “(1) Subject to paragraph (2), for the” and inserting “For the”;
(B)
added
by striking “and Marine Corps” in the heading of the second column of the table and inserting “Marine Corps, and Space Force”; and
(C)
added
by striking paragraph (2).
(2)
added
Applicable pay and allowances for certain space force members who are physically disabled or incur loss of earned income when not on sustained duty— Subsections (g)(1) and (h)(1) of section 204 of such title are amended by inserting “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component of a uniformed service”.
(3)
added
Service creditable for computation— Section 205(a)(2) of such title is amended—
(A)
added
by transferring subparagraph (F) to appear after subparagraph (A) and redesignating that subparagraph as subparagraph (B);
(B)
added
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;
(C)
added
by striking subparagraph (C) and redesignating the original subparagraph (B) as subparagraph (D); and
(D)
added
by inserting after subparagraph (B), as transferred and redesignated by subparagraph (A) of this paragraph, the following new subparagraph (C):
added
“(C) the Space Force;”
(4)
added
Inactive-duty training pay— Section 206 of such title is amended—
(A)
added
in subsection (a), in the matter preceding paragraph (1)—
(i)
added
by striking “Guard or a” and inserting “Guard, a”; and
(ii)
added
by inserting “, or a member of the Space Force” after “uniformed service” the first place it appears;
(B)
added
in subsection (d)—
(i)
added
in paragraph (1), by inserting “, by a member of the Space Force,” after “reserve component”; and
(ii)
added
in paragraph (2), by inserting “or the Space Force,” after “Ready Reserve”;
(C)
added
in subsection (e)—
(i)
added
by striking “Guard or of a” and inserting “Guard, a”; and
(ii)
added
by inserting “, or the Space Force” after “uniformed services”; and
(D)
added
in the section heading, by inserting “; members of the Space Force” before the colon.
(5)
added
Participation in thrift savings plan— Section 211(a)(2) of such title is amended by inserting “or the Space Force” after “member of the Ready Reserve”.
(c)
added
Special pay, incentive pay, and bonus authorities— Subchapter II of chapter 5 of such title is amended as follows:
(1)
added
General bonus authority for enlisted members— Section 331 of such title is amended—
(A)
added
in subsection (a)—
(i)
added
by striking “or” at the end of paragraph (4);
(ii)
added
by striking the period at the end of paragraph (5) and inserting “; or”; and
(iii)
added
by adding at the end the following new paragraph:
added
“(6) transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.”
(B)
added
in subsection (c)(1)—
(i)
added
in subparagraph (B), by inserting “, or in the Space Force on sustained duty under section 20105 of title 10,” after “in a regular component”;
(ii)
added
in subparagraph (C), by inserting “, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10,” after “in a reserve component”; and
(iii)
added
in subparagraph (D), by striking “paragraph (4) or (5)” and inserting “paragraph (4), (5), or (6)”.
(2)
added
General bonus authority for officers— Section 332 of such title is amended—
(A)
added
in subsection (a)—
(i)
added
by striking “or” at the end of paragraph (4);
(ii)
added
by striking the period at the end of paragraph (5) and inserting “; or”; and
(iii)
added
by adding at the end the following new paragraph:
added
“(6) transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.”
(B)
added
in subsection (c)(1)—
(i)
added
in subparagraph (C), by inserting “, or in the Space Force on sustained duty under section 20105 of title 10,” after “in a regular component”;
(ii)
added
in subparagraph (D), by inserting “, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10,” after “in a reserve component” and
(iii)
added
in subparagraph (E), by striking “paragraph (4) or (5)” and inserting “paragraph (4), (5), or (6)”.
(3)
added
Special aviation incentive pay or bonus for officers— Section 334 of such title is amended—
(A)
added
by striking “in a regular or reserve component” in subsections (a)(1), (b), (h)(1), (h)(2), and (h)(3);
(B)
added
in subsection (b)(3), by inserting “, or, in the case of an officer of the Space Force, to remain in space force active status,” after “in a reserve component”; and
(C)
added
in subsection (e)—
(i)
added
in the subsection heading, by striking “reserve component”; and
(ii)
added
by striking “A reserve component officer” and inserting “An officer.”.
(4)
added
Special pays— Sections 351(a), 352(a), 353(a), and 353(b) of such title are amended by striking “of a regular or reserve component”.
(5)
added
Retention incentives for members qualified in critical military skills or assigned to high priority units— Section 355 of such title is amended—
(A)
added
in subsection (a)—
(i)
added
in the matter preceding paragraph (1)—
(I)
added
by striking “An officer or enlisted member” and inserting “A member”; and
(II)
added
by inserting “, or a member the Space Force who is serving in space force active status,” after “in a reserve component”; and
(ii)
added
in paragraph (1), by inserting “or to remain in space force active status for at least one year” before the semicolon at the end;
(B)
added
in subsection (d)(1), by inserting “or a member of the Space Force not on sustained duty” in the second sentence after “reserve component member”; and
(C)
added
in subsection (e)—
(i)
added
in paragraph (1), by striking “active duty or service in an active status in a reserve component” in subparagraph (A) and the first place it appears in subparagraph (B) and inserting “a specified form of service (or combination thereof)”;
(ii)
added
in paragraphs (1)(B), (2), (3), and (4), by striking “active duty or service in an active status in a reserve component for which” and inserting “service for which”; and
(iii)
added
by adding at the end the following new paragraph:
added
“(5) In this subsection, the term “specified form of service” means—
added
“(A) service on active duty;
added
“(B) service in an active status in a reserve component; or
added
“(C) service in the Space Force in space force active status.”
(6)
added
Continuation pay for full TSP members with 7 to 12 years of service— Section 356(b) of such title is amended—
(A)
added
in the matter preceding paragraph (1)—
(i)
added
in the second sentence, by striking “or a reserve component” and inserting “, a member of the Space Force on sustained duty, or a member of a reserve component”; and
(ii)
added
in the third sentence, by inserting “or a member of the Space Force in space force active status not on sustained duty” after “(as so defined)”;
(B)
added
in paragraph (1), by inserting “or a member of the Space Force on sustained duty” in the matter preceding subparagraph (A) after “of a regular component”; and
(C)
added
in paragraph (2)—
(i)
added
by inserting “or a member of the Space Force in space force active status and not on sustained duty” in the matter preceding subparagraph (A) after “of a reserve component”; and
(ii)
added
by inserting “or a member of the Space Force on sustained duty, respectively,” in subparagraph (A) after “of a regular component”.
(d)
added
Administration of special pay, incentive pay, and bonus authorities— Subchapter III of chapter 5 of such title is amended as follows:
(1)
added
Continuation of pay and allowances during certain hospitalization and rehabilitation— Section 372(a) of such title is amended by striking “of a regular or reserve component”.
(2)
added
Repayment of unearned portion of bonus or special or incentive pay— Section 373(d)(2)(A) of such title is amended by striking “in a regular or reserve component who remains on active duty or in an active status” and inserting “who remains on active duty, in an active status in a reserve component, or in space force active status”.
(e)
added
Allowances other than travel and transportation allowances— Section 416 of such title is amended by inserting “an officer of the Space Force not on sustained duty,” after “of component,”.
(f)
added
Leave— Section 501 of such title is amended—
(1)
added
in subsection (a)—
(A)
added
by inserting “, or of the Space Force,” in paragraphs (4) and (5) after “of a reserve component”; and
(B)
added
by inserting “, or from the Space Force,” in paragraph (4) after “from the reserve component”; and
(2)
added
in subsection (b)(5)—
(A)
added
in subparagraphs (A) and (D), by inserting “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component”; and
(B)
added
in subparagraph (C), by striking “Regular” before “Space Force”.
(g)
added
Miscellaneous rights and benefits— Chapter 17 of such title is amended as follows:
(1)
added
Section 908(a)(2) of such title is amended by inserting “and members of the Space Force in space force active status not on sustained duty” after “of the armed forces”.
(2)
added
Section 910 of such title is amended—
(A)
added
by inserting “or of the Space Force” after “of the armed forces” in subsection (a);
(B)
added
by inserting “or the Space Force” after “a reserve component” in subsections (b)(1), (b)(2), (b)(3), and (e)(1); and
(C)
added
in the heading of such section by inserting “and members of the Space Force” after “reserve component members”.
(h)
added
Administration— Section 1002 of such title is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “of the National Guard, or of a reserve component of a uniformed service,” and inserting “of a reserve component of a uniformed service, or of the Space Force”; and
(B)
added
by striking “his consent” and inserting “the member’s consent”; and
(C)
added
in subsection (c), by inserting “or the Space Force” after “of a reserve component”; and
(2)
added
in the heading, by striking “and members of National Guard” and inserting “; members of the National Guard; members of the Space Force”.
(i)
added
Conforming amendment to reflect change of name of Space and Missile Systems Center to Space Systems Command— Section 2273a(a) of title 10, United States Code, is amended by striking “Air Force Space and Missile Systems Center” and inserting “Space Force Space Systems Command”.
Sec. 611
One-year extension of certain expiring bonus and special pay authorities
added
(a)
added
Authorities relating to reserve forces— Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
(b)
added
Title 10 authorities relating to health care professionals— The following sections of title 10, United States Code, are amended by striking “December 31, 2025” and inserting “December 31, 2026”:
(1)
added
Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2)
added
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(c)
added
Authorities relating to nuclear officers— Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
(d)
added
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2025” and inserting “December 31, 2026”:
(1)
added
Section 331(h), relating to general bonus authority for enlisted members.
(2)
added
Section 332(g), relating to general bonus authority for officers.
(3)
added
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4)
added
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(5)
added
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
(6)
added
Section 351(h), relating to hazardous duty pay.
(7)
added
Section 352(g), relating to assignment pay or special duty pay.
(8)
added
Section 353(i), relating to skill incentive pay or proficiency bonus.
(9)
added
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
(e)
added
Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b) of title 37, United States Code, is amended—
(1)
added
in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking “December 31, 2025” and inserting “December 31, 2026”; and
(2)
added
in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 612
Incentive pay: explosive ordnance disposal duty
added
(a)
added
Establishment— Subchapter I of chapter 5 of title 37, United States Code, is amended by inserting after section 301e the following new section:
added
“301f. Incentive pay: explosive ordnance disposal duty.
added
“(a) Eligibility
added
“(1) Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member—
added
“(A) is entitled to basic pay;
added
“(B) holds (or is in training leading to) an explosive ordnance disposal duty designator; and
added
“(C) is in and remains in explosive ordnance disposal duty on a career basis.
added
“(2) Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders.
added
“(b) Rates
added
“(1) Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts:
added
“(2) Explosive ordnance disposal duty incentive pay under subsection (a)(2)—
added
“(A) shall be in amounts prescribed by the Secretary of Defense;
added
“(B) may not, for any month, exceed the maximum amount specified in paragraph (1); and
added
“(C) may not be less per day than the amount under subsection (d).
added
“(c) Computation of years—Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty.
added
“(d) Applicability to certain duty in the reserve components—Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay.
added
“(e) Definitions—In this section:
added
“(1) The term “covered armed force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
added
“(2) The term “explosive ordnance disposal” has the meaning given such term in section 2284 of title 10.
added
“(3) The term “explosive ordnance disposal duty” means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal.”
(b)
added
Effective date— Section 301f of title 37, United States Code, added by this section, shall take effect on the date that is 180 days after the date of the enactment of this Act and apply to explosive ordnance disposal duty performed on or after such date.
Sec. 613
Standardization of cyber assignment incentive pay for members of the Armed Forces
added
(a)
added
In general— Subchapter III of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
added
“375. Standardization of cyber assignment incentive pay
added
“(a) Policy—The Secretary of Defense shall establish and implement a standardized policy for cyber assignment incentive pay applicable to all members of the Army, Navy, Air Force, Marine Corps, and Space Force performing qualifying cyber operations roles.
added
“(b) Elements—The policy under subsection (a) shall—
added
“(1) define uniform eligibility criteria based on work-role certification, mission assignment, and readiness requirements;
added
“(2) establish a tiered pay structure based on proficiency levels and operational demands;
added
“(3) ensure parity in pay rates and qualification standards throughout the armed forces specified in subsection (a);
added
“(4) provide guidance for continuation of cyber assignment incentive pay during moves relating to changes of permanent station, subject to continued eligibility; and
added
“(5) include procedures for periodic review and adjustment of cyber assignment incentive pay rates to reflect evolving mission needs and market competitiveness.
added
“(c) Cyber assignment incentive pay defined—In this section, the term “cyber assignment incentive pay” means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles.”
(b)
added
Briefing— Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the implementation of section 375 of title 37, United States Code, as added by subsection (a) of this section, including any anticipated impacts on recruitment, retention, and readiness of cyber personnel.
Sec. 621
Basic needs allowance: exclusion of basic allowance for housing from the calculation of gross household income of an eligible member of the Armed Forces
added
added
Section 402b(k)(1)(B) of title 37, United States Code, is amended—
(1)
added
by striking “in” and all that follows through “portion of”; and
(2)
added
by striking “that the Secretary concerned elects to exclude” and inserting “paid to such member”.
Sec. 622
Family separation allowance: increase
added
added
Section 427(a) of title 37, United States Code, is amended in paragraph (1), by striking “not less than $250, and not more than $400” and inserting “equal to $400”.
Sec. 623
Report regarding the basic allowance for subsistence and military food programs
added
(a)
added
Report required— Not later than September 30, 2026, and annually thereafter through 2030, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (b).
(b)
added
Report described— A report described in this subsection shall explain how, during the fiscal year in which the Secretary submits such report—
(1)
added
the Secretary of Defense allocated funds for the basic allowance for subsistence under section 402 of title 37, United States Code, to pay for food programs;
(2)
added
subsistence in-kind is budgeted to pay for food programs on military installations; and
(3)
added
the Secretaries of the military departments used budget authorities to fund the fully burdened cost of feeding members—
(A)
added
of the Army, Navy, Marine Corps, Air Force, and Space Force; and
(B)
added
who were assigned to essential station messing during such fiscal year.
Sec. 624
Basic allowance for housing: study to evaluate alternative rate calculation
added
(1)
added
In general— Not later than September 30, 2026, the Secretary of Defense shall seek to enter into an agreement with a covered entity to conduct a study in which the covered entity shall calculate, using industry-standard machine learning and an artificial intelligence algorithm, proposed monthly rates of BAH described in subsection (b) for MHAs selected under subsection (c).
(2)
added
Rule of construction— During such a study, the Secretary shall pay BAH in MHAs selected under subsection (c) at rates prescribed under section 403 of title 37, United States Code.
(b)
added
Proposed monthly rates— A proposed monthly rate of BAH described in this subsection—
(1)
added
accurately reflects housing prices in the MHA subject to such rate; and
(2)
added
is sufficient for military families who reside in such MHA to procure adequate and affordable housing.
(c)
added
MHAs— The Secretary shall select not fewer than 15 MHAs to participate in such a study. To select an MHA, the Secretary shall consider factors including the following:
(1)
added
Variety of geographic location.
(2)
added
The ranks of members who reside in an MHA.
(3)
added
Whether members who reside in an MHA have dependents.
(4)
added
Economic factors including inflation, cost of living, and the cost of private mortgage insurance.
(d)
added
Termination— A study under this section shall terminate on the day that is three years after the date on which the Secretary enters into an agreement with a covered entity.
(e)
added
Annual briefings— Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter through the termination date under subsection (d), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of a study under this section.
(f)
added
Report— Not later than 120 days after the date of the termination of such a study, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such study. Such report shall include the following elements:
(1)
added
An evaluation by the Secretary of the proposed monthly rates of BAH calculated by a covered entity pursuant to an agreement under subsection (a).
(2)
added
Any recommendation of the Secretary regarding legislation to improve the calculation of BAH process based on the study.
(g)
added
Definitions— In this section:
(1)
added
The term “BAH” means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code.
(2)
added
The term “covered entity” means a nationally recognized entity in the field of single-family housing that has data on local rental rates in real estate markets across the United States.
(3)
added
The term “MHA” means military housing area.
Sec. 631
Bereavement leave for a member of the Armed Forces in the case of a loss of pregnancy or stillbirth
added
added
Subsection (l)(1)(A) of section 701 of title 10, United States Code, is amended—
(1)
added
by striking “the death of an immediate family member.” and inserting an em dash; and
(2)
added
by adding at the end the following new clauses:
added
“(i) the death of an immediate family member; or
added
“(ii) the loss of a pregnancy or a stillbirth by such member or the spouse of such member.”
Sec. 632
Convalescent leave for cadets and midshipmen
added
added
Section 702 of title 10, United States Code, is amended—
(1)
added
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
(2)
added
by inserting after subsection (b) the following new subsection:
added
“(c) Convalescent Leave—An academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title.”
(3)
added
in subsection (d), as redesignated by paragraph (1) of this section, by striking “Sections 701” and inserting “Except as provided by subsection (c), sections 701”.
Sec. 641
Annual review of financial assistance limits for child care and youth program services providers
added
added
Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(d) Annual Review of Amount of Assistance—The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section.”
Sec. 642
Waiver of requirements for air transportation of deceased members of the Armed Forces when necessary to meet mission requirements
added
added
Section 562(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following new paragraph:
added
“(4) Waiver—The Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during—
added
“(A) a time of war;
added
“(B) a national emergency requiring the use of significant personnel and aircraft;
added
“(C) a large-scale combat operation; or
added
“(D) a contingency operation.”
Sec. 651
Use of commissary stores: civilian employees of Military Sealift Command
added
(a)
added
In general— Section 1066 of title 10, United States Code, is amended, in subsection (a)—
(1)
added
by inserting “(1)” before “An individual”; and
(2)
added
by adding at the end the following new paragraph:
added
“(2) A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty.”
(b)
added
Technical and conforming amendments— Such section is further amended—
(1)
added
in the section heading, by striking “protective services” and inserting “certain”; and
(2)
added
in the heading of subsection (a), by striking “protective services” and inserting “certain”.
Sec. 652
MWR retail facilities: use by civilian employees of the Armed Forces
added
(a)
added
In general— Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section:
added
“1067. MWR facilities: civilian employees
added
“(a) Current employees—Subject to subsection (c) of this section and section 1066 of this title, a civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty.
added
“(b) Retired employees—Subject to subsection (c), a retired civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty.
added
“(c) Limitation—A civilian employee or retired civilian employee may not purchase tobacco or a military uniform at MWR retail facilities.
added
“(d) MWR retail facilities defined—In this section, the term “MWR retail facilities” has the meaning given such term in section 1063 of this title.”
(b)
added
Regulations— The Secretary of Defense shall prescribe regulations under section 1067 of such title, as added by this section, not later than 30 days after the date of the enactment of this Act.
Sec. 653
Single-use shopping bags in commissary stores
added
added
Section 2485 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(j) Single-use shopping bags—The Defense Commissary Agency may not prohibit the use of, or charge a fee for, single-use shopping bags in a commissary store.”
Sec. 661
Provision of information regarding relocation assistance programs for members receiving orders for a change of permanent station
added
(a)
added
In General— Section 1056 of title 10, United States Code, is amended—
(1)
added
in subsection (b)(2)—
(A)
added
in subparagraph (A), by striking “and community orientation” and inserting “community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children”;
(B)
added
in subparagraph (C), by striking “and community orientation” and inserting “community orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services”; and
(C)
added
by adding at the end the following new subparagraph:
added
“(E) Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.”
(2)
added
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(3)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Provision of Information on Program
added
“(1) The Secretary of Defense shall ensure that members of the armed forces and the families of those members are provided information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law.
added
“(2) The Secretary shall ensure that information required to be provided under this subsection is provided to a member of the armed forces and the family of that member not later than 45 days before the date on which a change of permanent station takes effect for that member.
added
“(3) The information provided under this subsection shall include—
added
“(A) information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;
added
“(B) guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation;
added
“(C) mental health and well-being support services, including those accessible during the period of transition for a change of permanent station;
added
“(D) educational resources for dependent children, including school transition assistance and special education services;
added
“(E) information on available legal and financial counseling programs; and
added
“(F) any other assistance programs that support members of the armed forces and their families during relocation.
added
“(4) The Secretary of Defense shall—
added
“(A) incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station;
added
“(B) ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;
added
“(C) develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and
added
“(D) assess the satisfaction of members of the armed forces and their families with the information provided under this subsection.”
(b)
added
Report— Not later than one year after the date of enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the amendments made by this section. Such briefing shall include—
(1)
added
the status of efforts to integrate information required to be provided by subsection (e) of section 1056 of title 10, United States Code, as added by subsection (a) of this section, into accessible materials and briefings provided to members of the armed forces and their families relating to a change of permanent station;
(2)
added
an assessment of the awareness by members of the armed forces and their families of available programs in support of a change of permanent station; and
(3)
added
any recommendations of the Secretary for improving the dissemination of information related to relocation and family assistance programs.
Sec. 662
Expansion of pilot program to increase access to food on military installations
added
added
Section 654 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1060a note) is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “Secretary of the Army” and inserting “Secretary of a military department”; and
(B)
added
by striking “installations of the Army for members of the Army” and inserting “installations under the jurisdiction of the Secretary for members of the Armed Forces”;
(2)
added
in subsection (b), by inserting “of the military department concerned” after “Secretary”; and
(3)
added
by striking subsection (d) and inserting the following new subsection (d):
added
“(d) Reporting
added
“(1) Progress reports—At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program.
added
“(2) Final report—Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:
added
“(A) Lessons learned from the pilot program.
added
“(B) The recommendation of the Secretary whether to expand or make permanent the pilot program.
added
“(C) If the Secretary recommends expansion, the military installations covered by such recommended expansion.
added
“(D) Limitations to the operation or expansion of the pilot program.
added
“(E) Any information the Secretary determines appropriate.”
Sec. 663
Casualty assistance program: review; implementation plan
added
(a)
added
GAO review— Not later than January 1, 2027, the Comptroller General of the United States shall submit to the Secretary of Defense a report containing the results of a review of operations of the casualty assistance program of the Department of Defense. Elements of such report shall include recommendations of the Comptroller General regarding the feasibility and advisability of the following:
(1)
added
Improving and standardizing across the Armed Forces—
(A)
added
the selection and management (including lengths of assignments) of casualty assistance officers; and
(B)
added
training of casualty assistance officers regarding the policies, procedures, entitlements, benefits, and financial obligations relevant to survivors of members of the Armed Forces.
(2)
added
The implementation of a registry of the Department through which a survivor may elect to provide their contact information to the Department to facilitate contact and outreach to such survivor.
(3)
added
The development a long-term care program for such survivors, modeled on the Survivor Outreach Services of the Army, that provides information and access to survivor benefits, case managers, and counselors.
(b)
added
Implementation plan— Not later than 180 days after the Secretary receives the report under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives—
(1)
added
a copy of such report; and
(2)
added
the plan of the Secretary to implement such recommendations of the Comptroller General.
Sec. 701
Dental readiness
added
added
Section 1076a of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)—
(i)
added
in the header, by striking “selected reserve and”; and
(ii)
added
by striking “for members of the Selected Reserve of the Ready Reserve and”;
(B)
added
in paragraph (2), in the header, by inserting “individual ready” after “other”; and
(C)
added
by adding at the end the following new paragraph:
added
“(5) Plan for Selected Reserve—A dental benefits plan for members of the Selected Reserve of the Ready Reserve.”
(2)
added
in subsection (d)—
(A)
added
by redesignating paragraph (3) as paragraph (4); and
(B)
added
by inserting after paragraph (2) the following new paragraph:
added
“(3) No premium plans
added
“(A) The dental insurance plan established under subsection (a)(5) is a no premium plan.
added
“(B) Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan.”
(3)
added
in subsection (e)(2)(A), by striking “a member of the Selected Reserve of the Ready Reserve or”;
(4)
added
by redesignating subsections (f) through (l) as subsections (g) through (m), respectively;
(5)
added
by inserting after subsection (e) the following new subsection (f):
added
“(f) Copayments under no premium plans—A member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c).”
(6)
added
in subsection (i), as redesignated by paragraph (4), by striking “subsection (k)(2)” and inserting “subsection (l)(2)”.
Sec. 702
Inclusion of certain tests as part of the periodic health assessment provided to members of the Armed Forces
added
added
Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
added
“1074p. Periodic health assessments
added
“Beginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following:
added
“(1) On an annual basis—
added
“(A) a sports physical;
added
“(B) an electrocardiogram; and
added
“(C) blood work that includes—
added
“(i) a comprehensive metabolic panel and complete blood count; and
added
“(ii) if necessary—
added
“(I) a thyroid stimulating hormone test; and
added
“(II) a brain natriuretic peptide test.
added
“(2) Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1074f note) and a test required by section 707 of such Act (10 U.S.C. 1074 note).
added
“(3) Any other test or evaluation determined appropriate by the Secretary.”
Sec. 703
Fertility treatment for certain members of the Armed Forces and dependents
added
(a)
added
Fertility treatment— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
added
“1074p. Fertility treatment for certain active duty members of the armed forces and dependents
added
“(a) Coverage—The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.
added
“(b) In vitro fertilization—In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)—
added
“(1) three completed oocyte retrievals may be furnished per calendar year; and
added
“(2) single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine.
added
“(c) Cost sharing and other limitations—The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility.
added
“(d) Prohibitions—Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology.
added
“(e) Definitions—In this section:
added
“(1) The term covered member means—
added
“(A) a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and
added
“(B) does not include a former member of the armed forces.
added
“(2) The term infertility means a disease, condition, or status characterized by—
added
“(A) the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine;
added
“(B) the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or
added
“(C) the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual.
added
“(3) The term fertility-related care means—
added
“(A) the diagnosis of infertility; and
added
“(B) fertility treatment.
added
“(4) The term fertility treatment includes the following:
added
“(A) In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.
added
“(B) Sperm retrieval.
added
“(C) Egg retrieval.
added
“(D) Preservation of human oocytes, embryos, or sperm.
added
“(E) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.
added
“(F) Transfer of reproductive genetic material.
added
“(G) Medications as prescribed or necessary for fertility.
added
“(H) Fertility treatment coordination.
added
“(I) Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.”
(b)
added
Program on fertility treatment coordination— Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:
added
“1110c. Program on fertility-related care coordination
added
“(a) In general—The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
added
“(b) Training and support—In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members.”
(c)
added
Conforming amendment— Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(21) Fertility-related care shall be provided in accordance with section 1074p of this title.”
(d)
added
Exclusion from contracts for former members and their dependents— Section 1086(a) of such title is amended by striking “eye examinations and” and inserting “eye examinations, fertility-related care pursuant to paragraph (21) of such section, and”.
(e)
added
Application— The amendments made by this section shall apply with respect to services provided on or after October 1, 2027.
Sec. 704
TRICARE coverage for increased supply for contraception
added
(a)
added
In general— Beginning not less than 180 days after the date of the enactment of the Act, contraceptive supplies of up to 365 days shall be covered for any eligible covered beneficiary to obtain, including in a single fill or refill, at the option of such beneficiary, the total days of supply (not to exceed a 365-day supply) for a contraceptive on the uniform formulary provided through a military treatment facility pharmacy, retail pharmacy described in section 1074g(a)(2)(E)(ii) of such title, or through the national mail-order pharmacy program of the TRICARE Program.
(b)
added
Outreach— Beginning not later than 90 days after the implementation of coverage under subsection (a), the Secretary shall conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled in the TRICARE program of such coverage and the requirements to receive such coverage.
(c)
added
Definitions— In this section:
(1)
added
The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2)
added
The term eligible covered beneficiary means an eligible covered beneficiary as such term is used in section 1074g of title 10, United States Code who is—
(A)
added
a member of a covered Armed Force serving on active duty; or
(B)
added
a dependent of a member described in subparagraph (A).
(3)
added
The terms TRICARE Program and TRICARE Prime have the meaning given such terms in section 1072 of title 10, United States Code.
Sec. 705
Pilot program on access to obstetrical and gynecological care under TRICARE Prime program
added
(a)
added
Pilot program— Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which—
(1)
added
the referral requirement in section 1095f(a)(1) of title 10, United States Code, does not apply with respect to obstetrical and gynecological care for covered participants; and
(2)
added
covered participants may elect to designate an obstetrical or gynecological care provider under the TRICARE program as an additional designated primary care manager under such section.
(b)
added
Duration— The Secretary shall carry out the pilot program for a period of five years.
(c)
added
Report— Not later than four years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes the following:
(1)
added
An assessment of any increases or decreases to TRICARE Prime enrollment during the period in which the Secretary carries out the pilot program.
(2)
added
An assessment of any changes in the associated costs of providing obstetrical and gynecological care under TRICARE Prime.
(3)
added
Any other matters the Secretary determines appropriate.
(d)
added
Definitions— In this section:
(1)
added
The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(2)
added
The term covered participant means a female member of the Army, Navy, Air Force, Marine Corps, or Space Force or a female dependent of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, enrolled in TRICARE Prime who elects to participate in the pilot program.
(3)
added
The terms TRICARE Prime and TRICARE program have the meaning given those terms in section 1072 of title 10, United States Code.
Sec. 706
Pilot program to make midwife services available through TRICARE to certain individuals
added
(a)
added
Pilot program— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall begin a five-year pilot program to provide services from covered midwives to covered individuals under the TRICARE program.
(b)
added
Authority to make permanent— If the Secretary determines, after the termination of the pilot program that such pilot program was successful, the Secretary may prescribe such regulations to establish a permanent program to make services from covered midwives available to covered individuals as the Secretary determines appropriate.
(1)
added
Implementation report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to implement the pilot program under subsection (a).
(2)
added
Annual report— Not later than one year after the date on which the pilot program begins and annually thereafter until the date that is 1 year after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report including:
(A)
added
The total cost of the pilot program and the cost per covered individual who received care under the pilot program.
(B)
added
The total number of covered individual who received care under the pilot program.
(C)
added
The race, ethnicity, age, sex, relationship status, Armed Force, military occupation, and rank, as applicable, of covered individual who received care under the pilot program.
(D)
added
An assessment of the effects of the pilot program on quality of care, including—
(i)
added
on maternal and fetal outcomes; and
(ii)
added
on the number of pre-term births, low-weight births, and rates of caesarean section, and such other data points as the Secretary determines appropriate.
(E)
added
An assessment of patient satisfaction of covered individuals who received care through the pilot program.
(F)
added
An assessment of access to maternity and labor and delivery care for covered individuals, including average wait time for an initial appointment and average travel time to the provider.
(G)
added
An assessment of the effectiveness of the pilot program.
(H)
added
Recommendations for adjustments to the pilot program.
(I)
added
The estimated cost savings as a result of improved maternal and fetal health outcomes due to the pilot program.
(J)
added
The Secretary of Defense’s recommendations relating to changes to the pilot program, an extension of the pilot program, and whether the pilot program should be expanded made permanent.
(d)
added
Definitions— In this section:
(1)
added
The terms covered individual means a member serving in the Army, Navy, Air Force, Marine Corps, or Space Force, or a dependent of such a member.
(2)
added
The term covered midwife means a certified professional midwife or certified midwife who meets—
(A)
added
the international definition of a midwife, and global standards for midwifery education, established by the International Confederation of Midwives, and
(B)
added
any professional credentialing requirement required to practice midwifery under applicable State law.
(3)
added
The term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.
Sec. 707
Pilot program to treat pregnancy as a qualifying event for enrollment in TRICARE Select
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a five-year pilot program under which—
(1)
added
the Secretary shall treat pregnancy as a qualifying event under section 1099(b)(1)(B) of title 10, United States Code, for enrollment in TRICARE Select by an eligible beneficiary; and
(2)
added
a member of the Army, Navy, Marine Corps, Air Force, or Space Force on active duty may enroll in TRICARE Select under paragraph (1) for a period that ends not later than 180 days after the end of pregnancy.
(b)
added
Initial briefing— Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the pilot program under subsection (a).
(c)
added
Annual report— Not later than one year after the Secretary commences the pilot program under subsection (a), and annually thereafter for the next four years, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Each such report shall include the number of covered enrollment changes, disaggregated by—
(1)
added
month, beginning with January 2026; and
(2)
added
whether the eligible beneficiary made such covered enrollment change—
(A)
added
because the eligible beneficiary is a member of the covered Armed Forces on active duty who may enroll in TRICARE Select under the pilot program;
(B)
added
because the eligible beneficiary is a member of the covered Armed Forces who separated from active duty;
(C)
added
because the eligible beneficiary is a member of the covered Armed Forces who returned to active duty;
(D)
added
because the eligible beneficiary is a dependent of a member of the covered Armed Forces who separated from active duty;
(E)
added
because the eligible beneficiary is a dependent of a member of the covered Armed Forces who returned to active duty; or
(F)
added
based on the treatment, under the pilot program, of pregnancy as a qualifying event for enrollment in TRICARE Select.
(d)
added
Definitions— In this section:
(1)
added
The term covered Armed Forces means the Army, Navy, Marine Corps, Air Force, and Space Force.
(2)
added
The term covered enrollment change means a change to a previous election by an eligible beneficiary under subsection (b)(1) of section 1099 of title 10, United States Code, to enroll in a health care plan designated under subsection (c) of such section.
(3)
added
The term eligible beneficiary means an individual—
(A)
added
eligible to enroll in TRICARE Select under section 1075(b) of title 10, United States Code, by reason of being a member or former member of the covered Armed Forces, or a dependent of such a member or former member; or
(B)
added
a member of the covered Armed Forces on active duty.
(4)
added
The terms TRICARE program and TRICARE Select have the meanings given such terms in section 1072 of title 10, United States Code.
Sec. 708
Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer
added
(a)
added
Establishment— Not later than September 30, 2026, the Secretary of Defense shall establish a pilot program under which a covered individual may obtain supplemental insurance for noncovered expenses under a fixed indemnity supplemental benefit plan described in subsection (b)(1).
(1)
added
In general— In carrying out the pilot program under subsection (a), the Secretary shall enter into an agreement with not more than two companies to each offer one or more fixed indemnity supplemental benefit plans that—
(A)
added
meet the requirements for a supplemental insurance plan under section 199.2 of title 32, Code of Federal Regulations, and the exception in section 199.8(b)(4) of such title, as in effect on the date of the enactment of this Act;
(B)
added
are provided under a separate policy, certificate, or contract;
(C)
added
provide no coordination with any other health benefit plan; and
(D)
added
are designed to help participants pay noncovered expenses.
(2)
added
Duration— An agreement entered into under paragraph (1) shall be for a period of at least three years.
(3)
added
Requirements— In entering an agreement under paragraph (1) with a company, the Secretary—
(A)
added
may not select the company unless the company is licensed in each State;
(B)
added
shall award the contract based on the expertise of the company;
(C)
added
shall negotiate the terms and conditions of the fixed indemnity supplemental benefit plan provided under the contract, including with respect to the ability of the company to communicate with individuals not enrolled in the plan and whether such communication may include information on other insurance products;
(D)
added
shall negotiate the cost of coverage with the company that will cover the participants who elect to enroll in such plan;
(E)
added
shall provide a method for verification of the eligibility of applicants and procedures for determination of eligibility; and
(F)
added
shall provide a method for payroll deduction of premiums.
(4)
added
Provision of information— The Secretary shall provide information to covered individuals regarding the pilot program under subsection (a) by making available on the online portal of the TRICARE program the following information:
(A)
added
A notice of availability of a fixed indemnity supplemental benefit plan provided under the pilot program.
(B)
added
A description of how to enroll in such plan.
(C)
added
A description and explanation of the benefits provided under such plan.
(D)
added
A description of the costs to the individual through premiums and remittances to a company providing such plan.
(c)
added
Election To enroll— A covered individual may elect to enroll in a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
(d)
added
Limitations on authorization of appropriations— None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 or any fiscal year thereafter to carry out the pilot program may be used to subsidize the cost of a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
(e)
added
Treatment of companies— For purposes of the pilot program under subsection (a), companies selected to carry out the activities in subsection (b) shall not be considered contractors of the Federal Government.
(f)
added
Preemption— The provisions of this section shall supersede the laws of any State except with respect to State laws relating to licensing of an insurance company or plan solvency of such a company.
(g)
added
Report— Not later than three years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding such pilot program, including the following:
(1)
added
A description of the insurance products provided through a fixed indemnity supplemental benefit plan provided under the pilot program under subsection (a).
(2)
added
The number of covered individuals who enrolled in such a plan.
(3)
added
Feedback and examples of use cases by such individuals.
(4)
added
A determination by the Secretary with respect to whether such pilot program should be made permanent.
(h)
added
Sunset— Unless the Secretary makes a determination under subsection (g)(4) to make the pilot program under subsection (a) permanent, the pilot program under subsection (a) shall terminate on the day that is five years after the date of the enactment of this Act.
(i)
added
Definitions— In this section:
(1)
added
The term covered individual means the following:
(A)
added
A member of the Army, Navy, Marine Corps, Air Force, or Space Force.
(B)
added
A dependent (as defined in section 1072 of title 10, United States Code) of such a member who is enrolled in the TRICARE program.
(2)
added
The term noncovered expense means, with respect to a covered individual, any expenses relating to the screening for and diagnosis and treatment of cancer that are not otherwise covered by the health care benefits the individuals receives under chapter 55 of title 10, United States Code.
(3)
added
The term State has the meaning given such term in section 901 of title 32, United States Code.
(4)
added
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 709
Medical testing and related services for firefighters of Department of Defense
added
(a)
added
Provision of services— During the annual periodic health assessment of each firefighter of the Department of Defense, or at such other intervals as may be indicated in this subsection, the Secretary shall provide to the firefighter (at no cost to the firefighter) appropriate medical testing and related services to detect, document the presence or absence of, and prevent, certain cancers. Such services shall meet, at a minimum, the following criteria:
(1)
added
Breast cancer— With respect to the breast cancer screening, if the firefighter is a female firefighter—
(A)
added
such services shall include the provision of a mammogram to the firefighter—
(i)
added
on at least a biannual basis if the firefighter is 40 years old to 49 years old (inclusive);
(ii)
added
on at least an annual basis if the firefighter is at least 50 years old; and
(iii)
added
as clinically indicated (without regard to age); and
(B)
added
in connection with such provision, a licensed radiologist shall review the most recent mammogram provided to the firefighter, as compared to prior mammograms so provided, and provide to the firefighter the results of such review.
(2)
added
Colon cancer— With respect to colon cancer screening—
(A)
added
if the firefighter is at least 40 years old, and as otherwise clinically indicated, such services shall include the communication to the firefighter of the risks and benefits of stool-based blood testing;
(B)
added
if the firefighter is at least 45 years old, and as clinically indicated (without regard to age), such services shall include the provision, at regular intervals, of visual examinations (such as a colonoscopy, CT colonoscopy, or flexible sigmoidoscopy) or stool-based blood testing; and
(C)
added
in connection with such provision, a licensed physician shall review and provide to the firefighter the results of such examination or testing, as the case may be.
(3)
added
Prostate cancer— With respect to prostate cancer screening, if the firefighter is a male firefighter, the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test—
(A)
added
on an annual basis, if the firefighter is at least 50 years old;
(B)
added
on an annual basis, if the firefighter is at least 40 years old and is a high-risk individual; and
(C)
added
as clinically indicated (without regard to age).
(4)
added
Other cancers— Such services shall include routine screenings for any other cancer the risk or occurrence of which the Director of the Centers for Disease Control and Prevention has identified as higher among firefighters than among the general public, the provision of which shall be carried out during the annual periodic health assessment of the firefighter.
(b)
added
Optional nature— A firefighter of the Department of Defense may opt out of the receipt of a medical testing or related service provided under subsection (a).
(c)
added
Use of consensus technical standards— In providing medical testing and related services under subsection (a), the Secretary shall use consensus technical standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).
(1)
added
In general— In providing medical testing and related services under subsection (a), the Secretary—
(A)
added
shall document the acceptance rates of such tests offered and the rates of such tests performed;
(B)
added
shall document tests results, to identify trends in the rates of cancer occurrences among firefighters; and
(C)
added
may collect and maintain additional information from the recipients of such tests and other services, to allow for appropriate scientific analysis.
(2)
added
Privacy— In analyzing any information of an individual documented, collected, or maintained under paragraph (1), in addition to complying with other applicable privacy laws, the Secretary shall ensure the name, and any other personally identifiable information, of the individual is removed from such information prior to the analysis.
(3)
added
Sharing with Centers for Disease Control and Prevention— The Secretary may share data from any tests performed under subsection (a) with the Director of the Centers for Disease Control and Prevention, as appropriate, to increase the knowledge and understanding of cancer occurrences among firefighters.
(e)
added
Definitions— In this section:
(1)
added
The term firefighter has the meaning given that term in section 707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1441; 10 U.S.C. 1074m note).
(2)
added
The term high-risk individual means an individual who—
(A)
added
is African American;
(B)
added
has at least one first-degree relative who has been diagnosed with prostate cancer at an early age; or
(C)
added
is otherwise determined by the Secretary to be high risk with respect to prostate cancer.
Sec. 721
Military-civilian medical surge program
added
(a)
added
Establishment— Section 1096 of title 10, United States Code, is amended—
(1)
added
in the section heading, by adding at the end the following: “; medical surge program”; and
(2)
added
by adding at the end the following new subsection:
added
“(e) Medical surge program
added
“(1) The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to—
added
“(A) support locations that the Secretary selects under paragraph (3); and
added
“(B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4).
added
“(2)
added
“(A) The Secretary, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.
added
“(B) In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.
added
“(3)
added
“(A) In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
added
“(i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and
added
“(ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
added
“(B) The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Defense Department.
added
“(4) The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:
added
“(A) A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.).
added
“(B) A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
added
“(C) A declaration of war by Congress.
added
“(D) The President’s exercise of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).
added
“(E) Any other emergency or major disaster as declared by the President.
added
“(5)
added
“(A) The Secretary of Defense shall carry out the Program in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency.
added
“(B) Each official specified in subparagraph (A) shall prescribe regulations necessary to carry out the Program.
added
“(C) Not later than December 31, 2026, the officials specified in subparagraph (A) shall jointly issue an interagency operations plan for the Program.
added
“(D) Nothing in this subsection shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency with respect to medical preparedness and response, staffing levels, or resource allocation.
added
“(6) Beginning July 1, 2026, and annually thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency, shall submit to the appropriate congressional committees a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
added
“(7) In this subsection:
added
“(A) The term “appropriate congressional committees” means the following:
added
“(i) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives.
added
“(ii) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
added
“(B) The term “institution of higher education” means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
added
“(C) The term “National Disaster Medical System” means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).
added
“(D) The term “Program” means the Military-Civilian Medical Surge Program established under paragraph (1).”
(b)
added
Authorization of appropriations— Of the amounts authorized to be appropriated by section 1405, as specified in the funding table in section 4501, there is authorized to be appropriated to the Secretary of Defense $20,000,000 for fiscal year 2026 to carry out subsection (e) of section 1097 of title 10, United States Code, as added by subsection (a).
Sec. 722
Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents
added
added
Section 1074i of title 10, United States Code, is amended—
(1)
added
in subsection (a), by striking “In any case” and inserting “Except as provided by subsection (b), in any case”; and
(2)
added
in subsection (b)—
(A)
added
by striking the heading and inserting “Special rules for certain members and dependents.—”;
(B)
added
by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense”; and
(C)
added
by inserting after paragraph (1), as designated by subparagraph (B) of this paragraph, the following new paragraph:
added
“(2) With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting “50 miles” for “100 miles”.”
Sec. 723
Payment adjustments for outpatient services for certain children's hospitals
added
(a)
added
Requirement— Section 1079(i) of title 10, United States Code, is amended—
(1)
added
by redesignating paragraph (4) as paragraph (5); and
(2)
added
by inserting after paragraph (3) the following new paragraph (4):
added
“(4)
added
“(A) In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria:
added
“(i) 10 percent or more of the revenue of the hospital comes from services provided to covered individuals under the TRICARE program.
added
“(ii) The hospital received not fewer than 10,000 visits by covered individuals that were paid under paragraph (2).
added
“(iii) The hospital has been determined by the Secretary to be essential for operations of the TRICARE program.
added
“(B) The amount of the annual payment adjustment paid to a children’s hospital under subparagraph (A) shall be the amount that is 30 percent of payments made under the Outpatient Prospective Payment System (or successor system) to the children’s hospital under paragraph (2) during the year covered by the annual payment adjustment for outpatient services provided to covered individuals.
added
“(C) In this paragraph:
added
“(i) The term children’s hospital means a provider of services provided under a plan covered by this section that is a children’s hospital.
added
“(ii) The term covered individual means a member of the armed forces serving on active duty or a dependent of such a member.”
(b)
added
Methodology and regulations— The Secretary of Defense shall—
(1)
added
develop a payment methodology to determine the amounts required to be paid under paragraph (4) of section 1079(i) of title 10, United States Code, as added by subsection (a); and
(2)
added
prescribe joint regulations to carry out such payments that are separate from the regulations concerning outpatient prospective payments pursuant to paragraph (2) of such section.
Sec. 724
Verification of licensure of health-care professionals of the military departments
added
added
Subsection (b) of section 1094 of title 10, United States Code, is amended to read as follows:
added
“(b)
added
“(1) The Secretary of Defense shall ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of subsection (a).
added
“(2) In carrying out paragraph (1), the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health-care professional, regardless of the location of the facility or the armed force in which the health-care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record.”
Sec. 725
Expansion of health care license portability for members of the National Guard performing training or duty
added
added
Section 1094(d)(3)(B) of title 10, United States Code, is amended by striking “under section 502(f) of title 32 in response to an actual or potential disaster” and inserting “under title 32”.
Sec. 726
Licensure requirement for health-care professionals of partner countries
added
added
Section 1094(e) of title 10, United States Code, is amended—
(1)
added
in paragraph (1)(A), by striking “; and” and inserting “, or the official agency of the government of a partner country; and”; and
(2)
added
by inserting at the end the following:
added
“(3) The term partner country means any of the following:
added
“(A) Australia.
added
“(B) Canada.
added
“(C) New Zealand.
added
“(D) United Kingdom.
added
“(E) Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.”
Sec. 727
Modification of limitation on reduction of military medical manning end strength
added
added
Section 741 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395; 10 U.S.C. 129c note) is amended—
(1)
added
in subsection (a), by striking “five-year period” both places it appears and inserting “10-year period”; and
(2)
added
in subsection (c)—
(A)
added
in paragraph (2), by striking “Not later than two years after the date of the enactment of this Act,” and inserting “During each of 2024 and 2029,”; and
(B)
added
in paragraphs (3) and (4), by striking “three years after the date of the enactment of this Act,” both places it appears and inserting “December 31, 2030,”.
Sec. 728
Prohibition on painful research on domestic cats and dogs
added
(a)
added
Prohibition— Except as provided by subsection (b) or (c), the Secretary of Defense may not conduct, or support the conduct of, painful research on a domestic cat (Felis catus) or a domestic dog (Canis familiaris).
(b)
added
Exception— The prohibition in subsection (a) shall not apply with respect to any physical exam, training program, or study relating to service animals or military animals.
(c)
added
Waiver— The Secretary of Defense may waive the prohibition in subsection (a) on a case-by-case basis if the Secretary—
(1)
added
determines that the waiver is in the national security interests of the United States; and
(2)
added
not later than 30 days after the date on which the Secretary makes the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—
(A)
added
an identification of the Department of Defense account from which funds would be obligated or expended to conduct, or support the conduct of, the proposed research covered by the waiver;
(B)
added
an identification of the amount of such funds;
(C)
added
an identification of the intended purpose of such funds;
(D)
added
an identification of the recipient or prospective recipient of such funds (including any nongovernmental recipient, as applicable);
(E)
added
an explanation for how the waiver is in the national security interests of the United States; and
(F)
added
any other information the Secretary determines appropriate.
(d)
added
Definitions— In this section:
(1)
added
The term military animal has the meaning given the term in section 2583(i)(1) of title 10, United States Code.
(2)
added
The term painful research includes any research, biomedical training, experimentation, or biological testing, classified in pain category D or E by the Department of Agriculture.
(3)
added
The term service animal has the meaning given the term in section 37.3 of title 49, Code of Federal Regulations, or such successor regulation.
Sec. 729
Pilot program to test standalone technology to improve efficiencies in supply-chain management, medical readiness, and medical processes
added
(a)
added
Establishment— Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall carry out a pilot program to test and evaluate existing standalone technologies to assess whether such technologies accomplish the following:
(1)
added
Improving efficiencies in medical supply-chain management and in military medical readiness.
(2)
added
Streamlining medical processes.
(3)
added
Improving recordation accuracy.
(4)
added
Reducing rates of needlestick injury.
(5)
added
Enhancing retention rates of military health care providers.
(b)
added
Duration— The Secretary shall carry out the pilot program for a five-year period.
Sec. 730
Availability of sexual assault nurse examiner services at military medical treatment facilities
added
(a)
added
Requirement— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that each military medical treatment facility maintains, at all times, the continuous availability of at least one qualified sexual assault nurse examiner to provide forensic medical examinations and related care to sexual assault survivors.
(b)
added
Use of contracts to meet requirement— The Secretary may satisfy the requirement in subsection (a) with respect to a military medical treatment facility if the Secretary enters into a contract or other agreement with a private provider under which the provider ensures the continuous availability of a qualified sexual assault nurse examiner to provide services at that facility. In entering into such a contract or other agreement, the Secretary shall ensure the following:
(1)
added
A qualified sexual assault nurse examiner is on call 24 hours per day and will arrive at the facility not later than two hours after being called.
(2)
added
The qualified sexual assault nurse examiners are located—
(A)
added
not more than 25 miles by road from the facility; or
(B)
added
within a 30-minute emergency response travel time under normal conditions from the facility.
(3)
added
The qualified sexual assault nurse examiners meet or exceed all credentialing, training, and certification standards that the Secretary would otherwise apply to a sexual assault nurse examiner employed directly by the Department of Defense.
(c)
added
Information— Not later than one year after the date of the enactment of this Act, the Secretary shall—
(1)
added
issue updated policy guidance of the Department implementing the requirements of subsections (a) and (b), including standard language for contracts or other agreements under subsection (b); and
(2)
added
submit to the Committees on Armed Services of the House of Representatives and the Senate a report detailing—
(A)
added
the status of sexual assault nurse examiner staffing at each military medical treatment facility;
(B)
added
any contracts or other agreements entered into under subsection (b), including the names and locations of providers;
(C)
added
the average response times for sexual assault nurse examiners and any gaps in coverage experienced during the one-year period preceding the report; and
(D)
added
plans to address any identified shortfalls in service availability.
(d)
added
Definitions— In this section:
(1)
added
The term military medical treatment facility has the meaning given that term in section 1073c of title 10, United States Code.
(2)
added
The term sexual assault nurse examiner means a registered nurse who has received specialized training and certification in the forensic examination of sexual assault survivors and the collection of forensic evidence, in accordance with standards established by the International Association of Forensic Nurses or an equivalent certifying body.
Sec. 731
Uniform protocols on screening for unwanted sexual behavior
added
(a)
added
Guidance— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency, in coordination with the Assistant Secretary of Defense for Health Affairs and the Under Secretary of Defense for Personnel and Readiness, shall develop comprehensive written guidance establishing uniform protocols for providing a screening for unwanted sexual behavior to patients at military medical treatment facilities.
(b)
added
Report— Not later than one year after the date on which the Director issues the guidance under subsection (a), the Director shall submit to the congressional defense committees a report containing the following:
(1)
added
An assessment of the extent to which each military medical treatment facility has implemented the guidance.
(2)
added
Aggregate, de-identified data on screening rates, positive-screen rates, and referral follow-through.
(3)
added
Any planned revisions to the guidance.
(c)
added
Screening for unwanted sexual behavior defined— In this section, the term “screening for unwanted sexual behavior” means the use of standardized, evidence-based questions or instruments to detect whether an individual has been subject to any sexual contact or interaction to which the individual did not or could not freely consent, including harassment, coercion, assault, or abuse.
Sec. 732
Access to sexual assault forensic examinations for civilian employees and contractors
added
added
Section 1725(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) is amended—
(1)
added
in paragraph (2)—
(A)
added
by inserting “(or other individual covered under paragraph (3))” after “patient of the facility”; and
(B)
added
by inserting “(or other such individual’s need)” after “patient’s need”; and
(2)
added
by adding at the end the following:
added
“(3) Access to Sexual Assault Forensic Examiners—In addition to furnishing sexual assault forensic examinations to patients of military medical treatment facilities, the Secretary of Defense shall ensure that civilian employees and contractors of the Department of Defense are furnished sexual assault forensic examinations at military medical treatment facilities (including such facilities located outside the United States) following an allegation of sexual assault, regardless of whether the employee or contractor is otherwise eligible for health care under chapter 55 of title 10, United States Code.”
Sec. 733
Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances
added
added
The Secretary of Defense shall provide to each health care provider of the Department of Defense mandatory training regarding the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.
Sec. 741
Military medical cooperation arrangements among Five Eyes countries
added
added
Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2350t. Military medical cooperation arrangements among Five Eyes countries
added
“(a) Authority—The Secretary of Defense may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of the Five Eyes countries to support military medical cooperation or improve operational medical interoperability.
added
“(b) Definitions—In this section:
added
“(1) The term “Five Eyes countries” means the following:
added
“(A) Australia.
added
“(B) Canada.
added
“(C) New Zealand.
added
“(D) The United Kingdom.
added
“(2) The term military medical cooperation means any of the following:
added
“(A) Information exchange.
added
“(B) Medical interoperability, including credentialing of health care personnel.
added
“(C) Medical education, training, exercises, and evaluation.
added
“(D) Medical research, development, trials, and evaluation.
added
“(E) Biodefense, including with respect to prevention, preparation, response, and investigation.
added
“(F) Medical logistics, including the recognition of MedCM, drugs and medical equipment.
added
“(G) Patient movement.
added
“(H) Any other areas for cooperation designated by the Secretary of Defense.
added
“(3) The term military medicine means any of the following:
added
“(A) Combat casualty care including trauma,
added
“(B) Military infectious disease.
added
“(C) Chemical, biological, radiological, and nuclear medical support.
added
“(D) Deployed health care delivery.
added
“(E) Public health, health readiness, and force health protection.
added
“(F) Mental health.
added
“(G) Humanitarian response.
added
“(H) Anomalous health incidents.
added
“(I) Mass casualty management.
added
“(J) Any other areas of military medicine designated by the Secretary of Defense.”
Sec. 742
Strategy for treating traumatic brain injuries through digital health technologies
added
added
Section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071 note) is amended—
(1)
added
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
(2)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Digital health technologies
added
“(1) Working group—As part of the Initiative, the Secretary shall establish a working group to develop a strategy for treating traumatic brain injuries through digital health technologies.
added
“(2) Membership—The working group shall be composed of members of the Armed Forces, civilian employees of the Department of Defense, and individuals not employed by the Federal Government, who have expertise in traumatic brain injury clinical care, biomedical informatics, engineering, or implementation science.
added
“(3) Elements—The strategy developed under paragraph (1) shall include the following:
added
“(A) Identification of capability gaps in the treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies.
added
“(B) An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health technologies, including any applicable commercial off-the-shelf solutions being used by the Secretary to support the treatment of traumatic brain injuries.
added
“(C) Recommendations with respect to advances required to—
added
“(i) address gaps identified under subparagraph (A); and
added
“(ii) significantly improve the treatment of traumatic brain injuries using artificial intelligence and digital health technologies.
added
“(D) A recommended investment plan to advance technology and knowledge readiness levels to field digital health technologies to treat traumatic brain injuries.
added
“(4) Briefing—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the strategy developed under paragraph (1).”
Sec. 743
Report on traumatic brain injuries among certain pilots serving on active duty
added
(a)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains a study determining whether, and to what extent, members of the Armed Forces serving on active duty as pilots suffer from traumatic brain injury resulting from the cumulative effects of high-speed maneuvers, catapult launches, and other repetitive actions potentially harmful to brain health as a result of such service.
(b)
added
Matters included— The report under subsection (a) shall include the following:
(1)
added
The results of the study under subsection (a).
(2)
added
A summary of existing policies and procedures of the Department of Defense, as of the date of the report, for identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots.
(3)
added
A strategy to better identify, document, and treat mild, moderate, and severe traumatic brain injury among pilots.
(4)
added
Recommendations of the Secretary with respect to potential regulatory and legislative actions to address challenges in identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots.
Sec. 744
Study on prevalence and mortality of cancer among military rotary-wing pilots and aviation support personnel
added
(a)
added
Study required— The Director of the Defense Health Agency, in coordination with the Directors of the National Institutes of Health and the National Cancer Institute, shall conduct a study among covered individuals in two phases as provided by this section.
(b)
added
Initial phase of study—
(1)
added
Goal of initial phase— Under the initial phase of the study under subsection (a), the Director of the Defense Health Agency shall determine, for each cancer specified in paragraph (2), whether there is an increased prevalence of, or increased rate of mortality caused by, such cancer for covered individuals as compared to similarly aged individuals in the general population (or, in the case of the cancer specified in paragraph (2)(B), for female covered individuals as compared to similarly aged women in the general population).
(2)
added
Cancers specified— The cancers specified in this paragraph are the following:
(C)
added
Colon and rectal cancer.
(G)
added
Non-Hodgkin’s lymphoma.
(H)
added
Ovarian cancer.
(I)
added
Pancreatic cancer.
(J)
added
Prostate cancer.
(K)
added
Testicular cancer.
(L)
added
Urinary bladder cancer.
(3)
added
Report on initial phase— Not later than one year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the appropriate congressional committees a report on the findings of the phase of the study under this subsection.
(c)
added
Second phase of study—
(1)
added
Goal of second phase— If, pursuant to the phase of the study under subsection (b), the Director of the Defense Health Agency determines there is an increased prevalence of, or increased mortality rate caused by, any cancer specified in subsection (b)(2) among covered individuals (or, with respect to the cancer specified in subsection (b)(2)(B), among female covered individuals), the Director shall conduct a second phase of the study to—
(A)
added
identify any carcinogenic toxin or other hazardous material associated with the operation of military rotary-wing aircraft, such as fumes, fuels, or other liquids;
(B)
added
identify any operating environment, including frequencies or electromagnetic fields, in which covered individuals may have received excess exposure to non-ionizing radiation in the course of such operation, including non-ionizing radiation associated with airborne, ground, or shipboard radars; and
(C)
added
identify potential exposures as a result of military service by covered individuals to carcinogenic toxins or other hazardous materials not associated with the operation of military rotary-wing aircraft (such as exposure to burn pits, toxins in contaminated water, or toxins embedded in soils), including by determining—
(i)
added
the locations of such service; and
(ii)
added
any duties of covered individuals unrelated to such operation and associated with an increased prevalence of, or increased mortality rate caused by, cancer.
(2)
added
Report on second phase— If the Director of the Defense Health Agency conducts the phase of the study under this subsection, not later than one year after the date on which the Director submits the report under subsection (b)(3), the Director shall submit to the appropriate congressional committees a report on the findings of such phase.
(3)
added
Data format— The Director of the Defense Health Agency shall format any data resulting from the phase of the study under this subsection consistent with the formatting of data under the Surveillance, Epidemiology, and End Results program, including by disaggregating such data by race, gender, and age.
(d)
added
Sources of data— In conducting the study under this section, the Director of the Defense Health Agency shall use data from—
(1)
added
the database of the Surveillance, Epidemiology, and End Results program;
(2)
added
the study conducted under section 750 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3716); and
(3)
added
any other study previously conducted by the Secretary of a military department that the Director determines relevant for purposes of this section.
(e)
added
Definitions— In this section:
(1)
added
The term “appropriate congressional committees” means—
(A)
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and
(B)
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
(2)
added
The term “covered Armed Force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
(3)
added
The term “covered individual” means any individual who—
(A)
added
served in a covered Armed Force on or after February 28, 1961, as an aircrew member of a rotary-wing aircraft (including as a pilot or aviation support personnel), without regard to the status, position, rank, or grade of the individual within such crew; and
(B)
added
receives health care benefits under chapter 55 of title 10, United States Code.
(4)
added
The term “Surveillance, Epidemiology, and End Results program” means the program of the National Cancer Institute referred to in section 399B(d)(1) of the Public Health Service Act (40 U.S.C. 280e(d)(1)), or any successor program.
Sec. 745
Study on effects of service in the special operations forces to health of members of the Armed Forces
added
(a)
added
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a five-year longitudinal study on the evaluation and treatment of traumatic brain injuries and other injuries to provide analyses, findings, and recommendations with respect to extending the health span of members of special operations forces.
(b)
added
Elements— The study under subsection (a) shall include the following:
(1)
added
An evaluation of various exposure factors, including environmental, injury, and disease, to identify and quantify the relationship of such exposure to long-term health.
(2)
added
An identification of sensitive and rapid biomarkers related to injury and outcomes at the acute, subacute, and chronic level that translate to practical injury mitigation.
(3)
added
The characterizing and analysis of the factors associated with mitigating initial injury, enhancing force resilience, and optimizing long-term outcomes.
(4)
added
An identification of the critical pre-service and post-service related issues that affect long-term health span.
(5)
added
An identification of the factors associated with early aging at the patient facing and cellular level to identify targets for potential therapeutics and interventions.
(6)
added
Any other elements as determined appropriate by the Secretary.
(c)
added
Progress reports— Not later than 90 days after the date on which the Secretary commences the study under subsection (a), and annually thereafter during the duration of the study, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a progress report of activities conducted under the study during the period covered by the report.
(d)
added
Final report— Not later than 180 days after the date on which the Secretary completes the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the study and recommendations based on the study, including information regarding—
(1)
added
identification of health trajectories associated with a career serving as a member of the special operations forces;
(2)
added
modifiable and nonmodifiable factors, including biomarkers, disease processes, and social determinants of health, associated with life-span trajectories and an increase in force readiness;
(3)
added
any recommendations to alter health trajectories and improve force resilience and long-term health span in active and retired members of the special operations forces; and
(4)
added
processes to integrate factors that affect the health of an individual before serving in the special operations forces, including with respect to the exposure history and health trajectory of the individual, into simple scores that can be use to improve the care of active and retired members of the special operations forces.
(e)
added
Special operations forces defined— In this section, the term special operations forces means the forces described in section 167(j) of title 10, United States Code.
Sec. 746
Pilot program on use of fish skin regeneration products in treating burn and blast injuries
added
(a)
added
Pilot program— The Secretary of Defense may carry out a pilot program to—
(1)
added
evaluate the efficacy of fish skin regeneration products in treating burn and blast injuries of members of the Armed Forces; and
(2)
added
with respect to such products, assess the clinical outcomes, cost-effectiveness, and potential benefits for long-term recovery and military readiness.
(b)
added
Location— If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program at the Walter Reed National Military Medical Center.
(c)
added
Duration— If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program for three years.
(d)
added
Reports— Not later than one year after the date on which the Secretary commences the pilot program under subsection (a), and annually thereafter during the life of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program.
Sec. 747
Pilot program on remote blood pressure monitoring for certain pregnant and post-partum TRICARE beneficiaries
added
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Defense Health Agency, shall establish a pilot program on blood pressure monitoring for at-risk pregnant and postpartum TRICARE beneficiaries in order to increase the rate of early detection of hypertensive disorder related to pregnancy and postpartum.
(2)
added
Model— The Secretary may model the pilot program on a pilot program for blood pressure self-monitoring of the Healthy Start Program operated by the Health Resources and Services Administration of the Department of Health and Human Services.
(b)
added
Sites— The Secretary shall select sites for the pilot program in accordance with the following:
(1)
added
The pilot program shall operate at not fewer than two military medical treatment facilities of each of the Army, Navy, Marine Corps, Air Force, and Space Force.
(2)
added
Sites shall be geographically diverse, including locations in rural and urban areas.
(3)
added
The Secretary shall give priority to a military medical treatment facility that has a large number of obstetric patients or a history of maternal health programs.
(1)
added
Eligibility— An eligible participant for the pilot program, is an individual—
(A)
added
who is enrolled in TRICARE;
(B)
added
who is pregnant or postpartum;
(C)
added
who receives health care through a military medical treatment facility selected under subsection (b); and
(D)
added
whom the Secretary determines is at risk (based on evidence and current medical standards and recommendations) of a hypertensive disorder of pregnancy or negative health outcomes as a result of a hypertensive disorder of pregnancy.
(2)
added
Voluntary— Participation in the pilot program shall be voluntary.
(d)
added
Equipment— A participant in the pilot program shall receive—
(1)
added
a device approved by the Food and Drug Administration for the digital monitoring of blood pressure, validated by the Food and Drug Administration for use during pregnancy, capable of remote monitoring and data transmission, has adjustable or alternative cuff sizes; and
(2)
added
educational materials and instructions on the use of such device from a health care provider of the Department of Defense.
(e)
added
Providers— In carrying out the pilot program, the Secretary shall use primary care and obstetric care providers of eligible participants, to the extent practicable.
(f)
added
Materials— The Secretary shall develop supporting materials for health care providers who facilitate the pilot program, including the following:
(1)
added
Guidance on how to identify eligible participants for the pilot program.
(2)
added
Evidence-based educational materials regarding maternal health best practices for eligible participants.
(g)
added
Term— The pilot program shall terminate five years after the date on which the Secretary establishes such pilot program.
(h)
added
Report— Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the pilot program, and publish such report on the website of the Department of Defense. The report shall include the following elements, disaggregated by the Armed Force, sex, age, race, and ethnicity of participants:
(1)
added
The number of participants in the pilot program.
(2)
added
The percentage of such participants who used the monitors as prescribed.
(3)
added
A summary of barriers or challenges participants experienced using the monitors and if they resulted in underutilization.
(4)
added
The percentage of participants who had blood pressure readings of concern.
(5)
added
The percentage of participants described in paragraph (4) who received medical attention based on such readings.
(6)
added
A summary of provider and participant feedback, including percentages of—
(A)
added
providers that found the program influenced patient care; and
(B)
added
participants who found the program was helpful in managing their own care.
(7)
added
Recommendations of the Secretary whether the pilot program should be altered, expanded, or made permanent.
Sec. 748
Pilot program to help certain members of the Armed Forces stop smoking
added
(a)
added
Authority— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may carry out a one-year pilot program to furnish, to covered members, the alternatives to smoking specified in subsection (b) in order—
(1)
added
to help such covered members stop smoking; and
(2)
added
to improve the health of such covered members.
(b)
added
Alternatives to smoking— The alternatives to smoking specified in this subsection are:
(3)
added
Nicotine patches.
(4)
added
Electric nicotine delivery systems.
(c)
added
Participation— If the Secretary carries out such a pilot program, the pilot program shall operate—
(1)
added
in not less than one covered Armed Force; and
(2)
added
at not less than one military installation at which covered members serve in numbers that exceed the national average for each of the following:
(A)
added
Smoking cigarettes or other combustible tobacco products.
(B)
added
Population of Black Americans.
(C)
added
Population of Asian and Pacific Islander Americans.
(D)
added
Population of Hispanic Americans.
(E)
added
Population of Appalachian Americans.
(d)
added
Report— Not later than one year after the termination of such a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the results of the pilot program. Elements of such report shall include the determination of the Secretary regarding—
(1)
added
whether the pilot program helped covered members stop smoking;
(2)
added
the alternatives specified in subsection (b) that are most effective in helping covered members to stop smoking;
(3)
added
gaps in health care services available to covered members who belong to the populations described in subsection (c)(2); and
(4)
added
the recommendation of the Secretary whether to expand, extend, or make permanent the pilot program.
(e)
added
Definitions— In this section:
(1)
added
The term “covered Armed Force” means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2)
added
The term “covered member” means a member of a covered Armed Force—
(A)
added
serving on active duty; and
(B)
added
who smokes at least one cigarette (or other combustible tobacco product) per week.
Sec. 749
Pilot program on secure, mobile personal health record for members of the Armed Forces participating in the Transition Assistance Program
added
(a)
added
Pilot program— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program under which members of the Armed Forces who are serving on active duty and receiving benefits or services under the Transition Assistance Program are able to use a covered health record platform to collect their medical records before separating from active duty.
(b)
added
Selection of armed forces— The Secretary shall select not less than one Armed Force in which to carry out the pilot program under subsection (a).
(c)
added
Contract authority—
(1)
added
In general— The Secretary shall seek to enter into a contract using competitive procedures with an appropriate entity, as determined by the Secretary, for the provision of the covered health record platform under the pilot program under subsection (a).
(2)
added
Notice of competition— Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing covered health record platform.
(3)
added
Selection— Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to an appropriate entity pursuant to the request for proposals under paragraph (2) if at least one acceptable offer from such an entity is submitted.
(d)
added
Duration of pilot program—
(1)
added
In general— The Secretary shall carry out the pilot program under subsection (a) for a period of not less than one year.
(2)
added
Termination or extension of program— At the end of the one-year period specified in paragraph (1), the Secretary may—
(A)
added
terminate the pilot program under subsection (a);
(B)
added
continue the pilot program;
(C)
added
expand the pilot program; or
(D)
added
implement the use of a covered health record platform in the Transition Assistance Program throughout the Armed Forces.
(e)
added
Prohibition on new appropriations— No additional funds are authorized to be appropriated to carry out the requirements of this section. Such requirements shall be carried out using amounts otherwise authorized to be appropriated for the Department of Defense.
(f)
added
Definitions— In this section:
(1)
added
The term “covered health record platform” means a secure personal health record platform that meets the following requirements:
(A)
added
Has web-based and native mobile phone app capabilities.
(B)
added
Has the capability to store and share records with the Department of Veterans Affairs or any other designated care provider.
(C)
added
Has the capability to store records in the cloud.
(D)
added
Does not have a requirement for integration to receive or share records.
(E)
added
Has the capability to instantly share data based on a combination of access key and personal identifier.
(F)
added
Has the capability to provide secure data storage and records transfer upon separation of a member of the Armed Forces from active duty.
(G)
added
Does not require a business associate agreement with any parties.
(H)
added
Has secure data isolation with access controls.
(I)
added
Has, at a minimum, data security that would require separate encryption for each document, relying on AES256 or better algorithm with keys encryption using RSA2048 or better algorithm, or any successor similar algorithm.
(2)
added
The term “Transition Assistance Program” means the program of the Department of Defense for preparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
Sec. 750
Report on transitioning of mail-order pharmacy program of TRICARE program to an in-house mail order service
added
(a)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of transitioning the contractor-operated mail-order pharmacy program of the TRICARE program to a service provided directly by the Department of Defense.
(b)
added
Elements— The report under subsection (a) shall include an analysis of the following with respect to the transition described in such subsection:
(1)
added
Costs, including administrative costs, dispensing fees, and administrative overhead.
(2)
added
Structure and staffing.
(3)
added
The effect on beneficiaries under the TRICARE program, including regarding delivery times and quality.
(4)
added
The feasibility and advisability of combining the mail-order pharmacy functions under the TRICARE program with the mail-order pharmacy functions of the Veterans Health Administration of the Department of Veterans Affairs.
(c)
added
TRICARE program defined— In this section, the term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 751
Strategic plan to address mental health of members of the Armed Forces
added
(a)
added
Plan— The Secretary of Defense, in coordination with each Secretary of a military department and the Director of the Defense Health Agency, shall develop a strategic plan to address suicide by members of the Armed Forces and the mental health services provided to members.
(b)
added
Elements— The plan under subsection (a) shall include the following:
(1)
added
Developing and enforcing uniform protocols with respect to—
(A)
added
the regulations prescribed for the self-initiated referral process under section 1090b(e) of title 10, United States Code, for members of the Armed Forces seeking mental health evaluations;
(B)
added
the provision of information, including through workplace posters, flyers, and advertisements, to ensure members are aware of such referral process.
(2)
added
Standardized mental health training for members of the Armed Forces, including—
(A)
added
specialized training for commanders, senior enlisted leaders, and medical personnel on identifying and addressing mental health concerns;
(B)
added
the development of a certification process based on completion of training with documented proof of compliance;
(C)
added
how to respond when a member initiates the referral process under section 1090b(e) of title 10, United States Code; and
(D)
added
how to recognize signs indicating mental health distress.
Sec. 801
Multiyear procurement authority for covered weapon systems
added
(a)
added
Authority for multiyear procurement— Subject to section 3501 of title 10, United States Code, the Secretary of the Defense shall enter into one or more multiyear contracts for the procurement of a covered weapon system if—
(1)
added
a decision has been made to move such covered weapon system to full-rate production; and
(2)
added
such covered weapon system is projected to maintain full-rate production for a period of five or more consecutive years after entering into such a contract.
(b)
added
Waiver— The Secretary of Defense may waive the requirements of subsection (a) if the Secretary determines that the projected threat environment in which the covered weapon system is to be fielded has changed in a manner such that the procurement of such system is no longer necessary.
(c)
added
Applicability— This section and the requirements of this section shall apply with respect to a multiyear contract for the procurement of a covered weapon system entered into on or after the date of the enactment of this Act.
(d)
added
Covered weapon system defined— In this section, the term covered weapon system means a major weapon system (as defined in section 3455 of title 10, United States Code)—
(1)
added
for which the budget justification documents submitted by the Secretary in accordance with section 4205 of title 10, United States Code, state that the planned procurement schedule, conducted at the most effective production rate (as defined in such section), will require 36 months or more to obtain the total quantity of units to be procured until procurement is complete; and
(2)
added
that is estimated by the Secretary of Defense to require an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,000,000,000 (based on fiscal year 2025 constant dollars).
Sec. 802
Elimination of late cost and pricing data submission defense
added
added
Section 3706(c) of title 10, United States Code, is amended—
(1)
added
in paragraph (3) by striking “or” at the end;
(2)
added
in paragraph (4) by striking the period and inserting “; or”; and
(3)
added
by adding at the end the following:
added
“(5) updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old.”
Sec. 803
Reporting of price increases
added
added
Chapter 271 of title 10, United States Code, is amended by adding at the end the following new section:
added
“3709. Reporting of increases above specified prices
added
“(a) In general—An offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to—
added
“(1) 25 percent more than the price specified in the covered contract bid;
added
“(2) 25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or
added
“(3) 50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into.
added
“(b) Noncompliance—With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information:
added
“(1) An identification of such offeror and the specific product or service to which such report should relate.
added
“(2) The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service.
added
“(c) Covered contract defined—In this section, the term covered contract means a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation.”
Sec. 804
Assumption of uninsurable risk on certain contracts
added
(a)
added
In general— Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section:
added
“3864. Assumption of uninsurable risk on certain contracts
added
“(a) In general—The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract—
added
“(1) such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or
added
“(2) a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
added
“(b) Limitations—Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss—
added
“(1) occurs outside the period of performance for such work in process under such covered contract; or
added
“(2) results from gross misconduct by the contractor.
added
“(c) Regulations—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out this section.
added
“(d) Definitions—In this section:
added
“(1) The term classified contract means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.
added
“(2) The term covered contract means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act.
added
“(3) The term work in process, with respect to a contract, means a product to be delivered under such contract—
added
“(A) that is at any stage of production or manufacture; and
added
“(B) the delivery of which has not been accepted by the Government.”
(b)
added
Regulations— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out section 3864 of title 10, United States Code, as added by subsection (a).
Sec. 805
Changes to reference documents
added
(a)
added
In general— Chapter 361 of title 10, United States Code, is amended by adding at the end the following new section:
added
“4604. Changes to reference documents
added
“(a) In general—Each contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that—
added
“(1) provides the version of such external document that is applicable to such contract or other agreement; and
added
“(2) indicates whether any changes have been made to such external document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
added
“(b) Unnotated documents—If a contract or other agreement described in subsection (a) does not include the notation required under such subsection for an external document referred to in such contract or other agreement, the version of the external document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
added
“(c) External document defined—In this section, the term external document, with respect to a contract or other agreement, means a document to which such contract or other agreement refers that—
added
“(1) is external to such contract or other agreement; and
added
“(2) either—
added
“(A) contains or affects any material term of such contract or other agreement; or
added
“(B) otherwise modifies the performance required under such contract or other agreement.”
(b)
added
Applicability— The amendment made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act.
Sec. 806
Major system cost growth oversight
added
(a)
added
Shorten Nunn-McCurdy breach report timeline— Section 4374 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by striking “When a unit cost report” and inserting “Not later than 30 days after a unit cost report”;
(2)
added
in subsection (b), by striking “When a unit cost report” and inserting “Not later than 30 days after a unit cost report”; and
(3)
added
in subsection (c), by amending paragraph (2) to read as follows:
added
“(2) Time for submission of notification to Congress—In the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title or a report submitted in accordance with section 4373 of this title, the Secretary shall submit the notification to Congress within 30 days after the date on which the determination was made.”
(b)
added
End item major subprogram designation— Section 4203(a)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added
“(C) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart.”
(c)
added
Operations and support cost inclusion— Section 4214(a)(2) of title 10, United States Code, is amended by inserting “for the life cycle of such major defense acquisition program or designated major subprogram” before the period at the end.
(d)
added
Critical cost growth termination— Section 4376 of title 10, United States Code, is amended—
(1)
added
in subsection (b), by adding at the end the following new paragraphs:
added
“(4) Delegation—The Secretary may not delegate the submission of a written certification under paragraph (1).”
(2)
added
in subsection (c)—
(A)
added
in paragraph (2), by striking “and” at the end;
(B)
added
in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new paragraph:
added
“(4) consideration of termination plans that maximize value, including—
added
“(A) immediate termination of the program with no further action;
added
“(B) termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program;
added
“(C) termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and
added
“(D) any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program.”
Sec. 807
Contested logistics exercise requirement
added
added
Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended—
(1)
added
by redesignating subsection (h) as subsection (i); and
(2)
added
by inserting after subsection (g) the following new subsection:
added
“(h) Contested logistics exercise requirement
added
“(1) In general—The Secretary of Defense shall direct the Secretaries of the Navy and the Air Force to incorporate the requirements of the Program into the execution of the Return of Forces to the Pacific exercise of the Air Force and the Rim of the Pacific exercise of the Navy.
added
“(2) Execution—In carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following:
added
“(A) Operational scenarios that require greater collaboration amongst national militaries to support logistics requirements and which shall leverage contracting processes and operational contract support, acquisitions and cross servicing agreements, and prepositioned assets to assess how participating nations can maximize deterrence value and readiness of military forces.
added
“(B) Barriers that may prevent and opportunities to expand the joint sustainment of weapons systems by nations that commonly operate such weapon systems, including—
added
“(i) the use of agreements related to maintenance and the sharing of parts; and
added
“(ii) how participating nations can expand tactical maintenance and supply interoperability.
added
“(C) Conducting maintenance of weapons systems in austere environments and the associated transportation requirements.
added
“(D) Existing policies, statutes, and technical requirements that prevent further integration of sustainment of weapon systems amongst participating nations.
added
“(3) Termination—This subsection shall terminate on the date described in subsection (g).”
Sec. 811
Additional amendments related to undefinitized contractual actions
added
(1)
added
Additional allowed profits— Section 3374(a) of title 10, United States Code, is amended—
(A)
added
in the heading, by striking “certain reduced”;
(B)
added
in paragraph (1), by striking “and” at the end;
(C)
added
in paragraph (2), by striking the period at the end and inserting a semicolon; and
(D)
added
by adding at the end the following new paragraphs:
added
“(3) the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
added
“(A) would have been directly chargeable to the contract if incurred after the award of the contract; and
added
“(B) were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and
added
“(4) the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.”
(2)
added
Contract financing progress payment increase— Section 3804 of title 10, United States Code, is amended—
(A)
added
by striking subsection (b);
(B)
added
by redesignating subsection (c) as subsection (b); and
(C)
added
by adding at the end the following new subsection:
added
“(c) Adjustment to the rate of contract financing—If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor.”
(b)
added
Regulations— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out sections 3374(a) and 3804 of title 10, United States Code, as amended by subsection (a).
Sec. 812
Modification to award amount for program to accelerate the procurement and fielding of innovative technologies
added
added
Section 3604(c) of title 10, United States Code, is amended—
(1)
added
in the subsection heading, by striking “Maximum”; and
(2)
added
by inserting “shall be greater than or equal to $10,000,000 and” before “shall not exceed”.
Sec. 813
Other transaction authority reporting
added
added
Section 4021 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(j) Reporting requirements—With respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use—
added
“(1) is reported in the same manner as other similar expenditures of the Department of Defense; and
added
“(2) is included in the searchable website established under the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note).”
Sec. 814
Amendment to procurement of services data analysis and requirements validation
added
added
Section 4506 of title 10, United States Code, is amended—
(1)
added
by repealing subsection (e); and
(2)
added
in subsection (f)—
(A)
added
by striking paragraphs (1) and (2); and
(B)
added
by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
Sec. 815
Acquisition thresholds for certain materials
added
(a)
added
Strategic materials— Section 4863 of title 10, United States Code, is amended by amending subsection (f) to read as follows:
added
“(f) Exception for small purchases
added
“(1) Subsection (a) does not apply to acquisitions in amounts not greater than $250,000.
added
“(2) A proposed acquisition of an item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
added
“(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.”
(b)
added
Sensitive materials from non-allied foreign nations— Section 4872 of title 10, United States Code, as amended by section 816 of this Act, is further amended by inserting after subsection (f) (as added by such section) the following new subsection:
added
“(g) Exception for small purchases
added
“(1) Subsection (a)(1) does not apply to procurements in amounts not greater than $250,000.
added
“(2) A proposed procurement of a material or item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
added
“(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.”
(c)
added
Printed circuit boards— Section 4873 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(g) Exception for small purchases
added
“(1) Subsection (a)(1) does not apply to acquisitions in amounts not greater than $10,000.
added
“(2) A proposed acquisition of an item subject to subsection (a)(1) in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
added
“(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.”
Sec. 816
Additional materials prohibited from non-allied foreign nations
added
(a)
added
In general— Section 4872 of title 10, United States Code, is amended—
(1)
added
by redesignating subsection (f) as subsection (h);
(2)
added
by inserting after subsection (e) the following new subsection:
added
“(f) Covered material designation
added
“(1) In general—The Secretary of Defense shall submit to the congressional defense committees a notice of a designation under subsection (h)(1)(F) not later than 30 days prior to the date on which such designation is published in the Federal Register.
added
“(2) Effective date—The designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)—
added
“(A) shall take effect on the date that is one year after the date on which the Secretary of Defense publishes a notice of such designation in the Federal Register and submits to the congressional defense committees the notice required under paragraph (1) with respect to such notice; and
added
“(B) shall apply only with respect to contracts or other agreements entered into after the date on which such designation takes effect under subparagraph (A).”
(3)
added
in subsection (h), as so redesignated—
(A)
added
in subparagraph (D), by striking “and” at the end;
(B)
added
in subparagraph (E), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new subparagraph:
added
“(F) any other mineral, material, substrate, metal, or alloy designated by the Secretary of Defense pursuant to a determination by the Secretary of Defense that such designation is in the interest of national security.”
Sec. 817
Extension of authority for pilot program for development of technology-enhanced capabilities with partnership intermediaries
added
added
Section 851(e) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 4901 note) is amended by striking “September 30, 2025” and inserting “September 30, 2028”.
Sec. 818
Government Accountability Office bid protest process enhancement
added
(a)
added
Revise regulations—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to establish procedures for a contracting officer of the Department of Defense to file a claim against a contractor that files a covered bid protest.
(2)
added
Claims procedures— The procedures required by paragraph (1) shall ensure the following:
(A)
added
A claim described in paragraph (1) shall be filed in accordance with chapter 71 of title 41, United States Code.
(B)
added
Any remedy shall be limited to the disgorgement of any profits and fees earned by the incumbent contractor in the performance of a covered contract during the disgorgement period.
(3)
added
Treatment of amounts received— Amounts received as result of a claim described in paragraph (1) shall be credited to the fund or account that was used to cover the costs of the covered contract, or, if the period of availability of obligations for the appropriation from which such costs were paid has expired, to the appropriations of a fund or account that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(4)
added
Definitions— In this subsection:
(A)
added
The term “covered bid protest” means a bid protest—
(i)
added
that was filed with the Comptroller General of the United States by an incumbent contractor;
(ii)
added
that was dismissed by the Comptroller General based a lack of any reasonable legal or factual basis; and
(iii)
added
for which such dismissal was finally determined.
(B)
added
The term “covered contract” means a contract with the Department of Defense entered into with the incumbent contractor for the acquisition of goods or services by the Department during the disgorgement period that are the same or substantially similar to goods or services to be acquired by the Department under the contract previously awarded to the incumbent contractor.
(C)
added
The term “disgorgement period” means the period of performance under a contract that was awarded or extended because the Department of Defense received notice of a protest by the incumbent contractor and was prohibited from awarding a new contract during the pendency of such bid protest under section 3553(c) of title 31, United States Code.
(D)
added
The term “finally determined”, with respect to the dismissal of a bid protest, means dismissal—
(i)
added
was not appealed and is no longer appealable because the time for taking an appeal has expired; or
(ii)
added
was appealed and the appeals process for which is completed.
(E)
added
The term “incumbent contractor” means a contractor under a contract with the Department of Defense for the acquisition of goods or services by the Department that are the same or substantially similar to goods or services to be acquired by the Department under a new or follow-on contract that is the subject of a covered bid protest.
(b)
added
Continued performance to facilitate national defense— Section 3553 of title 31, United States Code, is amended—
(1)
added
by amending subsection (c)(3) to read as follows:
added
“(3) For the purposes of the written finding under paragraph (2)(A) with respect to a contract for a procurement by a component of the Department of Defense, the head of the procuring activity may make the finding under such paragraph for such contract if such head of the procuring activity determines that the performance of such contract would facilitate the national defense.”
(2)
added
in subsection (d)(3), by adding at the end the following new subparagraph:
added
“(D) For the purposes of the determination under paragraph (2)(B) with respect to a contract for a procurement by a component of the Department of Defense, a contracting officer may not determine that immediate performance of such contract is not in the best interests of the United States if the contracting officer determines that performance of the contract would facilitate the national defense.”
Sec. 819
Report on the use of other transaction authority
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use of follow-on production contracts or transactions under section 4022 of title 10, United States Code, during the period beginning on October 1, 2020, and ending on October 1, 2025. Such report shall include—
(1)
added
the number of transactions for a prototype project awarded under the authority provided by such section 4022 during the period covered by the report;
(2)
added
the number of transactions for a prototype project for which an option for a follow-on production contract or transaction was awarded during such period;
(3)
added
for each follow-on production contract or transaction described in paragraph (2), a summary of current status of such contract or transaction, including overall performance of the contractor in execution of such contract or transaction and the total value of the award;
(4)
added
an assessment of any trends or lessons learned that may be limit or prevent the use of follow-on production contracts or transactions under such section 4022; and
(5)
added
any recommendations the Secretary may have to improve the use of follow-on production contracts or transactions under such section 4022 and to increase the number of prototype projects that successfully transition to production through such use.
Sec. 820
Application of certain documentation and oversight requirements to certain projects performed through other transaction authority
added
added
With respect to each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of title 10, United States Code, that meets the definition of a major defense acquisition program (as defined in section 4201 of such title 10), the requirements of section 4204(e) of such title 10 shall apply to such project.
Sec. 831
Improvements to public-private talent exchange
added
added
Section 1599g(f) of title 10, United States Code, is amended—
(1)
added
by redesignating subparagraphs (A) through (F) of paragraph (2) as clauses (i) through (vi), respectively;
(2)
added
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;
(3)
added
by inserting “(1)” before “An employee”;
(4)
added
in subparagraph (B)(ii), as so redesignated, by striking “207,”;
(5)
added
in subparagraph (D), as so redesignated, by inserting “, unless specifically directed to perform such work by written request of the Secretary” after “inherently governmental in nature”; and
(6)
added
by adding at the end the following new paragraph:
added
“(2) An employee described under paragraph (1) that is directed to perform work that is considered inherently governmental in nature under subparagraph (D) of such paragraph shall be deemed to be an employee of the Department of Defense for purposes of section 207 of title 18, United States Code.”
Sec. 832
Modification to assignment period for critical acquisition positions
added
added
Section 1734 of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
in the subsection heading, by striking “Three-year”;
(B)
added
in paragraph (1)—
(i)
added
by striking “paragraph (3)” and inserting “paragraph (4)”; and
(ii)
added
by inserting “(or with respect to a program executive officer, six-year period)” after “three-year period”;
(C)
added
in paragraph (2), by striking “A person” inserting “Except as provided in paragraph (3), a person”;
(D)
added
by redesignating paragraph (3) as paragraph (4); and
(E)
added
by inserting after paragraph (2) the following new paragraph:
added
“(3) An individual may not be assigned as a program executive officer (as described in section 1732 of this title) unless the individual executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for a period of at least six years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b).”
(2)
added
in subsection (b), by adding at the end the following new paragraph:
added
“(4) The Secretary of Defense shall require that—
added
“(A) a program executive officer be assigned in that position for a period of at least six years; and
added
“(B) the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment jointly ensure that the requirement in subparagraph (A) does not negatively affect the consideration of an individual for promotion or otherwise impede the advancement of an individual to a position of higher responsibility.”
(3)
added
in subsection (d), by striking “subsection (a)(2) or (b)(2)” and inserting “in subsection (a)(2), (b)(2), or (b)(3)”; and
(4)
added
in subsection (e), by inserting “(except for an individual assigned as a program executive officer)” after “serving in critical acquisition positions”.
Sec. 833
Development of the advanced manufacturing workforce
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 of this Act a working group to identify opportunities to address workforce shortages in advanced manufacturing career fields in the defense industrial base.
(b)
added
Membership— The working group shall consist of members of the Defense Industrial Resilience Consortium with an interest in addressing workforce shortages in advanced manufacturing career fields in the defense industrial base.
(c)
added
Responsibilities— The working group shall—
(1)
added
identify estimated workforce shortages in advanced manufacturing career fields in the defense industrial base, including such workforce shortages in the Department of Defense organic industrial base;
(2)
added
identify career fields in advanced manufacturing and the associated skills and abilities that are required for such fields; and
(3)
added
develop recommendations for—
(A)
added
training, education, and career development programs, including mid-career programs, apprenticeships, internships, and summer camps, to prepare individuals for careers in advanced manufacturing;
(B)
added
the establishment of public-private partnerships to provide workforce development activities, including identifying incentives for such partnerships for success in recruiting, training, and retaining individuals in careers in advanced manufacturing; and
(C)
added
any policy changes needed to further the participation of individuals in the advanced manufacturing workforce of the defense industrial base.
(d)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing—
(1)
added
any recommendations developed by the working group under subsection (c)(3); and
(2)
added
a recommendation whether to continue or terminate the working group.
(e)
added
Advanced manufacturing defined— In this section, the term “advanced manufacturing” means the manufacturing of products or the application and use of advanced technologies (including artificial intelligence, robotics, automation, 3D printing, and cyber-physical systems).
Sec. 834
Competitive acquisition leadership appointments
added
(a)
added
In general— The Secretary of Defense shall ensure that the eligibility for an acquisition leadership position associated with a joint research and development activity or a joint acquisition program is not limited by—
(1)
added
the affiliation of an individual with a specific Armed Force; or
(2)
added
whether an individual is a civilian employee of the Department of Defense or a member of the military.
(b)
added
Rule of construction— Nothing in this section shall be construed as impairing or otherwise affecting the authority of any component, element, or activity of the Department of Defense from considering the level of representation of an Armed Force, Federal agency, or organization of the Department in an acquisition program when determining whom to appoint to an acquisition leadership position under such acquisition program.
(c)
added
Acquisition leadership position defined— In this section, the term “acquisition leadership position” means an acquisition position within the Department of Defense, as designated pursuant to section 1721(a) of title 10, United States Code, that is under an acquisition program of the Department and classified at or above grade O-5 (or equivalent).
Sec. 835
Development and employment of members of the Defense Civilian Training Corps
added
(a)
added
Review required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the Secretaries of the military departments, shall identify career and developmental programs of the Department of Defense, including programs in which the Department participates, that—
(1)
added
serve as recruitment and placement tools used to attract highly qualified individuals to and retain such individuals in careers as Federal employees in the civil service; and
(2)
added
develop individuals into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department.
(b)
added
Member placement—
(1)
added
Existing programs—
(A)
added
In general— The Under Secretary may, to the extent practicable, appoint members and Corps graduates to acquisition positions in the Department of Defense under the programs identified under subsection (a) to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code.
(B)
added
Appointments— The Under Secretary shall make appointments under subparagraph (A) using the authorities of and in accordance with the requirements of the program under which the Under Secretary is making such appointment.
(A)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall establish a new program under which the Under Secretary may appoint Corps graduates to acquisition positions in the Department of Defense to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code, to the extent that the Under Secretary determines that the authority to make appointments under paragraph (1) is insufficient to make the appointments necessary to carry out such purposes.
(B)
added
Appointment term— An appointment under subparagraph (A) shall be a one-year appointment to a position in the civil service in a component of the Department of Defense participating in the program established under such subparagraph, which may be renewed for one year not more than once.
(C)
added
Noncompetitive appointments—
(i)
added
Initial appointment— The Under Secretary may make appointments under the program established under subparagraph (A) to positions in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States.
(ii)
added
Subsequent appointment— An individual appointed to a position under the program established under subparagraph (A) may be appointed to another position in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States, if—
(I)
added
such individual has completed the term of the appointment of such individual under such program;
(II)
added
such individual has not been involuntarily separated from service in the Federal Government for cause on charges of misconduct or delinquency;
(III)
added
such individual has not been appointed to a position in the Federal Government after completing the term of the appointment of such individual under such program; and
(IV)
added
the date on which such individual completed the term of the appointment of such individual under such program is not more than one year prior to the date of the appointment under this clause.
(A)
added
In general— The Under Secretary shall pay the basic pay of individuals appointed to positions under paragraph (1) or under the program established under paragraph (2)(A) from the Defense Acquisition Workforce Development Account (section 1705 of title 10, United States Code) during the period described in subparagraph (B).
(B)
added
Payment period— The period described in this subparagraph is—
(i)
added
with respect to an individual appointed to a position under paragraph (1), the period beginning on the date such appointment starts and ending on the earlier of the date that is one year after the date on which such appointment started or the date on which such individual ceases to hold such position pursuant to such appointment; and
(ii)
added
with respect to an individual appointed to a position under the program established under paragraph (2)(A), the period beginning on the date such appointment starts and ending on the earlier of the date on which such appointment ends or the date on which such individual ceases to hold such position pursuant to such appointment.
(c)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report—
(1)
added
describing the programs identified under subsection (a);
(2)
added
describing the program established under subsection (b)(2)(A);
(3)
added
with an estimate of the funding necessary to fulfill the requirements of this section, for each fiscal year through fiscal year 2030;
(4)
added
providing recommendations for any changes in policy or regulation necessary to enable the programs identified under subsection (a) and the program that may be established under subsection (b)(2)(A) to develop members and Corps graduates into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department; and
(5)
added
any other recommendations of the Secretary for strengthening or improving the program established under subsection (b)(2)(A).
(d)
added
Definitions— In this section:
(1)
added
The term acquisition position means a position designated as an acquisition positions by the Secretary of Defense pursuant to section 1721(a) of title 10, United States Code.
(2)
added
The terms acquisition workforce and military departments have the meanings given such terms, respectively, in section 101(a) of title 10, United States Code.
(3)
added
The term Corps graduate means an individual who successfully graduated from the Defense Civilian Training Corps.
(4)
added
The term Defense Civilian Training Corps means the Defense Civilian Training Corps program established under section 2200g of title 10, United States Code.
(5)
added
The term member means a student at an accredited civilian educational institution who is enrolled in the Defense Civilian Training Corps.
(6)
added
The term Under Secretary means the Under Secretary of Defense for Acquisition and Sustainment.
Sec. 836
Reform of contractor performance information requirements
added
(a)
added
Revision to DFARS— The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation to establish an objective, fact-based, and simplified system for reporting contractor performance. The revised system shall—
(1)
added
focus exclusively on negative performance events that are measurable to reduce subjectivity and inconsistency in evaluations;
(2)
added
create a level playing field for commercial entities, subcontractors, and new entrants that do not have extensive past performance records to compete for Department of Defense contracts;
(3)
added
reduce the administrative burden on contracting officers by limiting reporting to significant failures or poor performance;
(4)
added
establish standardized templates for reporting negative performance events and calculating composite scores; and
(5)
added
ensure the Government can identify and avoid contractors with a history of poor performance or bad actions.
(b)
added
Revision of contractor performance information requirements—
(1)
added
Elimination of subjective performance ratings— The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation and related guidance, including the Contractor Performance Assessment Reporting System (or a successor system) (in this section referred to as “CPARS”), to eliminate subjective performance ratings for contracts subject to such part.
(2)
added
Scope of reporting— A contracting officer shall only include negative performance events that have a material impact on contract performance or Government interests in CPARS and shall exclude positive or neutral performance assessments, except as necessary to provide context for an included negative performance event. A contracting officer shall report in CPARS negative performance events within 30 days after verifying the event.
(3)
added
Categorization of negative performance events— A contracting officer shall categorize negative performance events reported under paragraph (2) in one of the following areas:
(A)
added
Failures related to innovation, technical development, or prototype delivery.
(B)
added
Failures related to manufacturing, quality control, or delivery of products.
(C)
added
Failures related to maintenance, logistics, or support services.
(D)
added
Failures related to professional, administrative, or operational services.
(E)
added
Failures related to software, hardware, cybersecurity, or information technology systems.
(4)
added
Performance evaluations— A contracting officer is not required to conduct an annual or periodic performance evaluation of a contractor unless the contracting officer has verified a negative performance event of such contractor.
(5)
added
Use in source selection— The Secretary of Defense shall consider a negative performance event and the score associated with such event (as calculated under subsection (f)) in source selection evaluations to assess contractor risk and responsibility.The absence of negative performance events for an offeror, including an offer that is a nontraditional defense contractor or a new entrant, shall not be considered a deficiency in past performance evaluations. Such offerors shall be evaluated based on technical capability, price, and other relevant factors.
(c)
added
Scoring mechanism for negative performance events—
(1)
added
Calculation— The Secretary of Defense shall establish a standardized scoring mechanism to normalize negative performance events of a contractor based on the number of transactions and the dollar value of contracts performed by the contractor.
(2)
added
Application of scores— The Secretary shall ensure that—
(A)
added
a composite score for each contractor is included in CPARS, along with any negative performance events used in source selection to assess past performance risk; and
(B)
added
CPARS is programmed to automatically calculate scores based on data entered by contracting officers, including the number of transactions and the dollar value of contracts performed by the contractor.
(4)
added
Transparency— The Secretary shall ensure that contractors—
(A)
added
have access to composite scores and the underlying data through CPARS; and
(B)
added
may submit comments or rebuttals to reported negative performance events or scores, which shall be maintained in CPARS for consideration in source selection.
(d)
added
Mandatory reporting— A contracting officer shall report the following negative performance events:
(1)
added
Delivery of products failing to meet contract requirements, as verified by Government inspection reports, quality assurance records, or testing results.
(2)
added
Failure to meet contract delivery schedules, as documented in contract milestones, delivery orders, or Government records.
(3)
added
Incorrect or unauthorized markings on technical data or software, or improper assertions of restrictive rights, as verified by Government review or legal findings.
(4)
added
Submission of inaccurate, incomplete, or misleading cost or pricing data, as identified through audits by the Defense Contract Audit Agency or other Government authorities.
(5)
added
Failure to include mandatory contract clauses in subcontracts, as verified by contract reviews or audits.
(6)
added
Submission of false claims, fraudulent invoices, or misrepresentations, as substantiated by investigations, legal findings, or Government records.
(7)
added
Failure to comply with safety, environmental, or other regulatory requirements, as documented by Government inspections or citations.
(8)
added
Failure to meet cybersecurity requirements or significant breaches caused by contractor negligence, as verified by Government records.
(9)
added
Any other negative performance event, as determined by the Secretary of Defense, that is based on verifiable data or objective evaluations and for which the Secretary publishes criteria in the Department of Defense Supplement to the Federal Acquisition Regulation.
(e)
added
Implementation—
(1)
added
Training and guidance— The Secretary of Defense shall develop and provide training for contracting officers on the following:
(A)
added
Identifying, verifying, and reporting negative performance events.
(B)
added
The use of objective evidence and the exclusion of subjective judgments in reporting negative performance events.
(C)
added
Entering data for creating a score in CPARS.
(2)
added
System modifications— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify CPARS to include the following functions:
(A)
added
The categorization of negative performance events.
(B)
added
Elimination of fields for subjective ratings.
(C)
added
Automatically calculate composite scores based on reported data.
(D)
added
A mechanism for contractors to review and respond to reported events and scores.
(3)
added
Transition period— With respect to a contract awarded before the effective date of the revision to the Department of Defense Supplement to the Federal Acquisition Regulation required by subsection (a), a contracting officer for such contract may complete CPARS evaluations under the prior system until the contract is closed or terminated.
(f)
added
Report and oversight—
(1)
added
Report— Not later than January 15, 2026, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and House of Representatives a report on the implementation of this section.
(2)
added
GAO review— Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the revised CPARS that includes the following:
(A)
added
The effectiveness of CPARS to carry out the requirements of this section.
(B)
added
The accuracy and fairness of the scoring mechanism developed under subsection (d).
(C)
added
The effect of the modifictions made by this section on competition and participation of nontraditional defense contractors in contracts of the Department of Defense.
(g)
added
Effective date— This section and the requirements of this section shall take effect 180 days after the date of the enactment of this Act.
(h)
added
Definitions— In this section:
(1)
added
The term “negative performance event” means a verifiable instance of contractor failure or poor performance as described in subsection (e).
(2)
added
The term “nontraditional defense contractor” has the meaning given in section 3014 of title 10, United States Code.
(3)
added
The term “verifiable data” means objective evidence documented in contract records, inspection reports, audits, correspondence, or other Government records that substantiate a negative performance event.
Sec. 837
Restructuring of performance evaluation metrics for the acquisition workforce
added
(a)
added
Establishment of acquisition workforce key performance indicators— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement mandatory key performance indicators (in this section referred to as “KPIs”) for evaluating members of the acquisition workforce (as defined in 10 USC 101). Such KPIs shall be used to assess the degree of alignment between activities of such members and strategic priorities of the Department of Defense, including—
(1)
added
use of commercial acquisition methods, including the use of fixed-price contracts under terms and conditions similar to those used for commercial contracts;
(2)
added
use of innovative acquisition authorities;
(3)
added
demonstrated preference for commercial solutions;
(4)
added
integration of small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) into the defense industrial base;
(5)
added
demonstrated cost and schedule efficiencies;
(6)
added
use of milestone-based, modular open system approaches (as defined in section 4401 of title 10, United States Code, as amended by section 1833 of this Act) and capabilities-based pricing; and
(7)
added
use of the authorities under chapter 253 of title 10, United States Code, and similar tools aimed at streamlining and improving the acquisition process for the Department of Defense.
(b)
added
Integration with personnel systems and promotion boards— The KPIs described in subsection (a) shall be integrated into—
(1)
added
annual performance appraisals for members of the acquisition workforce;
(2)
added
promotion, bonus, and assignment consideration for acquisition positions; and
(3)
added
requirements for certification, training, and continuing education under chapter 87 of title 10, United States Code.
(c)
added
Public reporting and oversight— Beginning not later than 365 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a semiannual report on—
(1)
added
progress in implementing KPIs required by this section;
(2)
added
compliance rates by each element of the Department of Defense;
(3)
added
any barriers to implementation; and
(4)
added
recommendations for additional legislative authorities to carry out the requirements of this section.
(d)
added
Definitions— For purposes of this section:
(1)
added
The term “commercial solutions” means any method for procurement of a commercial product or commercial service as described in part 12 of the Federal Acquisition Regulation, subparts 212.2 and 212.70 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any product, service, or other solution developed by a private entity and funded by private investment that meets the needs of the Department of Defense.
(2)
added
The term “innovative acquisition authorities” means—
(A)
added
the authority under section 4021 and 4022 of title 10, United States Code;
(B)
added
authority to use commercial solutions opening contracts pursuant to section 3458 of such title 10;
(C)
added
application of policies of a rapid capabilities office of a military department; or
(D)
added
any other streamlined acquisition authority.
(e)
added
Sense of congress— It is the sense of Congress that fostering a risk-tolerant, innovation-forward culture in the defense acquisition workforce is essential to maintaining the United States technological and military advantage. Accordingly, the Department of Defense shall prioritize the cultivation of acquisition professionals who can effectively leverage commercial technology, deliver digital capabilities at speed, and expand the industrial base beyond traditional vendors.
Sec. 838
Ensuring Department of Defense contractor compliance with disability hiring goals
added
(a)
added
In general— For each of fiscal years 2026 through 2029, the Secretary of Defense shall conduct an audit of the compliance of the contractors of the Department of Defense with the 7-percent utilization goal for employment of qualified individuals with disabilities by contractors established by the Office of Federal Contract Compliance Programs of the Department of Labor under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793).
(b)
added
Reports— Not later than 5 months after the end of a fiscal year for which the Secretary of Defense was required to conduct an audit under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of such audit.
Sec. 839
Comptroller General review of matters relating to individuals assigned to a critical acquisition position
added
(a)
added
Review required— The Comptroller General of the United States shall—
(1)
added
conduct a review of the education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
(2)
added
conduct an assessment of the efficacy of the career development policies established by section 1734 of title 10, United States Code.
(b)
added
Matters for review— In conducting the review required by this section, the Comptroller General shall—
(1)
added
review the compliance of the Secretary with the requirements of section 1734 of title 10, United States Code; and
(2)
added
conduct an assessment of the efficacy of the career development policies and minimum periods of assignment established by such section 1734 in—
(A)
added
improving the ability of the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable;
(B)
added
enhancing the knowledge and experience of the acquisition workforce;
(C)
added
enabling competitive career progression of members of the acquisition workforce compared to other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
(D)
added
the retention rates of members of the acquisition workforce assigned to a critical acquisition position, particularly key leadership positions (as defined by the Under Secretary of Defense for Acquisition and Sustainment), compared with the retention rates for other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and
(3)
added
conduct an assessment of any benefits, including enhanced accountability in leadership and decisionmaking by individuals in key leadership positions, of a minimum period of assignment of at least four years to a critical acquisition position.
(c)
added
Report required— Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees recommendations on—
(1)
added
improvements to education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and
(2)
added
minimum periods of assignment for an individual assigned as a program executive officer.
Sec. 840
Comptroller General review of the management, training, and development of the acquisition workforce
added
(a)
added
In general— The Comptroller General of the United States shall conduct a review of the management, training, and development of the acquisition workforce to enable the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
(b)
added
Review contents— In conducting the review required by subsection (a), the Comptroller General shall evaluate the following:
(1)
added
The current organization and staffing of the acquisition workforce, including the total number of positions in the acquisition workforce, a list of such positions disaggregated by the skills and experience required, and the number of such positions that are vacant or are filled by an individual whose skills and experience do not meet the required skills and experience for such position.
(2)
added
The sufficiency of the processes and authorities of the Department of Defense for recruiting and retaining the acquisition workforce, and the use of such authorities to maintain an acquisition workforce that is optimized to meet mission requirements.
(3)
added
Trends in acquisition workforce hiring and retention over the preceding five years.
(4)
added
The impediments to members of the acquisition workforce receiving training and education, including any lack of funding, unavailability of required or desired training, and excessive workload demands that preclude such members from being able to attend such training.
(c)
added
Report— Not later than April 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the review required by subsection (a), including any recommendations to improve the management, training, and development of the acquisition workforce.
(d)
added
Acquisition workforce defined— In this section, the term acquisition workforce has the meaning given such term in section 101(a) of title 10, United States Code.
Sec. 841
Report on strengthening the Defense Acquisition University
added
(a)
added
Assessment required— The Secretary of Defense, acting through the Director of the Acquisition Innovation Research Center, shall conduct a comprehensive assessment of the Defense Acquisition University (in this section referred to as “DAU”) to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department of Defense. The assessment shall include the following:
(1)
added
An evaluation of the mission of the DAU and the alignment of such mission with the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by this Act).
(2)
added
An evaluation of the effectiveness of training and development provided by DAU to members of the acquisition workforce to enable such members to effectively implement the objectives of the defense acquisition system.
(b)
added
Elements— The assessment in paragraph (1) shall evaluate the following:
(1)
added
The organization and structure of DAU.
(2)
added
The curriculum and educational offerings of DAU.
(3)
added
The composition of the staff and faculty of DAU, including an assessment of the diversity of skills, abilities, and professional backgrounds of such staff and faculty.
(4)
added
The sufficiency of resource and funding mechanisms supporting DAU operations.
(5)
added
The extent to which DAU uses external experts and academic institutions to inform and enhance its programs.
(c)
added
Recommendations— The Director of the Acquisition Innovation Research Center shall use the assessment required under this section and the objectives of the defense acquisition system to provide to the Secretary of Defense recommendations to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department of Defense.
(d)
added
Report to congress— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
(1)
added
the findings of the assessment conducted under subsection (a) and the recommendations provided under subsection (c);
(2)
added
any actions necessary to ensure that DAU fulfills its mission and provides training and development to members of the acquisition workforce that aligns with the objectives of the defense acquisition system.
(e)
added
Definitions— In this section:
(1)
added
The term Acquisition Innovation Research Center means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code.
(2)
added
The term acquisition workforce has the meaning given in section 101 of title 10, United States Code.
Sec. 851
Repeal of exception for small purchases under the Berry Amendment
added
added
Section 4862 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by striking “subsections (c) through (h)” and inserting “subsections (c) through (g)”; and
(2)
added
by amending subsection (h) to read as follows:
added
“(h) Oversight committee—The Secretary of Defense shall establish a committee to—
added
“(1) provide oversight of the implementation of the requirements of this section; and
added
“(2) ensure compliance with the requirements of this section.”
Sec. 852
Supply chain illumination incentives
added
(a)
added
In general— Section 849 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 3241 note prec.) is amended—
(1)
added
in subsection (a), by striking “to assess and monitor” and all that follows and inserting the following: “to implement and use supply chain illumination meeting the minimum qualifying criteria determined by the Secretary under subsection (c).”; and
(2)
added
by adding at the end the following new subsections:
added
“(c) Supply chain illumination minimum qualifying criteria
added
“(1) In general—The Secretary of Defense shall establish minimum qualifying criteria for supply chain illumination for contractors of the Department of Defense.
added
“(2) Public notice—Not later than April 1, 2026, the Secretary of Defense shall publish in the Federal Register a notice of the minimum qualifying criteria established under paragraph (1).
added
“(d) Expedited acceptance procedures—If a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if—
added
“(1) such contractor has supply chain illumination that meets the minimum qualifying criteria established by the Secretary of Defense under subsection (c); and
added
“(2) such contracting officer determines that such covered end item—
added
“(A) other than a prohibition on acquisition under a covered statute applying to such covered end item, satisfies the requirements of the contract or other agreement; and
added
“(B) does not pose a risk to security or safety.
added
“(e) Contractor responsibility
added
“(1) Immediate corrective action—A contractor of the Department of Defense shall, upon identifying a nonconforming item in a covered end item that was or will be provided by such contractor to the Department under a contract or other agreement, immediately begin taking corrective action with respect to the inclusion of such nonconforming item in such covered end item in accordance with such contract or other agreement and the relevant procedures of the Department.
added
“(2) Alternative suppliers—The corrective action described in paragraph (1) with respect to a nonconforming item in a covered end item shall include the contractor using reasonably expedient means to identify, and if necessary, qualify an alternative supplier to provide materials or goods to use in place of such non-conforming item in such end item.
added
“(f) Definitions—In this section:
added
“(1) The term covered statute means—
added
“(A) section 4863 of this title;
added
“(B) section 4872 of this title;
added
“(C) section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); or
added
“(D) section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.).
added
“(2) The term covered end item means an end item the acquisition of which is prohibited under a covered statute based on a nonconforming item that is contained in or a component of such end item, except that such term does not include an end item that is a non-conforming item.
added
“(3) The term end item has the meaning given such term in section 4863(m) of this title.
added
“(4) The term nonconforming item means a material or good the inclusion of which in an end item causes the acquisition of such end item to be prohibited under a covered statute.
added
“(5) The term supply chain illumination means policies, procedures, and tools, including analytical tools that leverage large data and machine learning, enabling such contractor to assess and monitor the entire supply chain of such contractor to identify potential vulnerabilities and security and noncompliance risks with respect to goods and services provided to the Department of Defense.”
(b)
added
Reporting— Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing each use of the authority under section 849(d) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 3241 note prec.), as added by subsection (a).
Sec. 853
Modification to enhanced domestic content requirement for major defense acquisition programs
added
added
Section 835(c) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended to read as follows:
added
“(c) Major defense acquisition program—In this section, the term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code, except that such term includes any program that meets the meaning given in such section as in effect on January 1, 2025.”
Sec. 854
Strategy to eliminate sourcing of optical glass from certain nations
added
(a)
added
In general— The Secretary of Defense shall develop and implement a strategy to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030.
(b)
added
Strategy requirements— The strategy required by subsection (a) shall—
(1)
added
identify the current requirements of the Department of Defense for optical glass and optical systems and estimate the projected requirements of the Department for optical glass and optical systems through the year 2040;
(2)
added
identify the sources of optical glass or optical systems used to meet the current requirements of the Department described in paragraph (1), including any sources of optical glass or optical glass systems produced in a covered nation; and
(3)
added
identify actions to be taken by the Secretary of Defense to ensure the defense industrial base is able to meet the needs of the Department for optical glass and optical systems without any reliance on a covered nation not later January 1, 2030.
(c)
added
Implementation— Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall begin implementing the strategy required by subsection (a).
(d)
added
Briefing and Report—
(1)
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a briefing on the strategy required by subsection (a), including an identification of any changes to funding or policy required to eliminate the reliance of the Department of Defense on any covered to acquire optical glass or optical systems by January 1, 2030.
(2)
added
Interim report on implementation— Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including an identification of any risk to the ability of the Secretary to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030.
(e)
added
Definitions— In this section:
(1)
added
The term covered nation means—
(A)
added
the Democratic People's Republic of North Korea;
(B)
added
the People's Republic of China;
(C)
added
the Russian Federation;
(D)
added
the Republic of Belarus; and
(E)
added
the Islamic Republic of Iran.
(2)
added
The term optical glass means glass used in optical lenses, prisms, or mirrors.
(3)
added
The term optical system means an arrangement of optical components, including optical glass, that manipulates light to produce a specific outcome.
Sec. 855
Voluntary registration of compliance with covered sourcing requirements for covered products
added
(a)
added
In general— The Secretary of Defense shall establish and maintain a publicly available online repository of information provided by an offeror related to the conformance of a covered product with covered sourcing requirements.
(b)
added
Registration and attestation process— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such process shall—
(1)
added
be accessible online;
(2)
added
require an offeror to acknowledge liability for making a false attestation in accordance with section 3729 of title 31, United States Code; and
(3)
added
enable an offeror to register a covered product with the Secretary of Defense by providing—
(A)
added
a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product;
(B)
added
a national stock number (if available), a description of the covered product, or other information related to the form, fit, or function of the covered product; and
(C)
added
an attestation, including relevant documentation, of the compliance of a covered product with one or more covered sourcing requirements.
(c)
added
Proof of registration— The Secretary shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b)(3) a proof of registration associated with a the unique product identifier of the covered product. The proof of registration may be used—
(1)
added
by the offeror in sales and marketing materials associated with the registered covered product; or
(2)
added
by a prime contractor that uses such registered covered product as a part or component of an end item.
(d)
added
Availability of Information—
(1)
added
Compliance information— The Secretary shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement.
(2)
added
Resources— The Secretary shall ensure that an eligible entity has adequate resources to train offerors about the requirements of this section and to assist an offeror with the registration and attestation process established under subsection (b).
(e)
added
Encouraging Registration of Products— The Secretary shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that—
(1)
added
offerors are incentivized to disclose any noncompliance with the requirements of this section;
(2)
added
with respect to any disclosure made under paragraph (1), that such offeror is provided with information and assistance to determine the actions required to remedy such noncompliance in order to meet the criteria to register the product concerned; and
(3)
added
an offeror making such a disclosure will receive a referral to the appropriate programs or offices of the Department of Defense that are responsible for strengthening the defense industrial base, promoting domestic industry, and accelerating private investment in supply chain technologies that are critical for national security.
(f)
added
Use of supply chain illumination— The Secretary shall encourage an offeror to implement and use supply chain illumination (as defined in section 849 of the National Defense Authorization Act for Fiscal Year 2025, as amended by section 852 of this Act) to assist in meeting the registration and attestation requirements established under subsection (b).
(g)
added
Definitions— In this section:
(1)
added
The term covered product means—
(A)
added
a good offered for purchase to the Secretary of Defense; and
(B)
added
subject to a covered sourcing requirement.
(2)
added
The term covered sourcing requirement means a requirement under any of the following:
(A)
added
Section 4872 of title 10 United States Code.
(B)
added
Section 4863 of title 10, United States Code.
(C)
added
Section 4862 of title 10, United States Code.
(D)
added
Section 4864 of title 10, United States Code.
(E)
added
Chapter 83 of title 41, United States Code.
(F)
added
Section 846 of the National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 4864 note).
(G)
added
Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 4651 note prec.).
(H)
added
Section 225.7004-5 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of welded shipboard anchor and mooring chain).
(I)
added
Section 225.7011 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of carbon, alloy, or armor steel plates).
(J)
added
Section 225.7012 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of supercomputers).
(3)
added
The term eligible entity means an eligible entity carrying out activities pursuant to a procurement technical assistance program funded under chapter 388 of title 10, United States Code.
Sec. 856
Acceleration of qualification of compliant sources
added
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group for the exchange of information about compliant materials and to accelerate the qualification of such materials for use by the Department of Defense and the integration of such materials into the supply chains of contractors of the Department of Defense.
(A)
added
In general— Except as provided in subparagraph (B), the working group shall consist of members of the Defense Industrial Resilience Consortium with expertise or interest in—
(i)
added
the qualification and acceptance of materials, parts, components and end items by the Department of Defense;
(ii)
added
supply chain management; or
(iii)
added
supply chain illumination.
(B)
added
Exclusion— The Secretary may exclude from participation in such working group any individual or entity that—
(i)
added
is headquartered within, owned or controlled by, or subject to the influence of a covered nation;
(ii)
added
is functioning as the agent of any foreign State; or
(iii)
added
is otherwise determined by the Secretary to be a significant threat to the national security interests of the United States.
(3)
added
Responsibilities— The working group shall—
(A)
added
establish processes for exchange of information about compliant materials among consortium members, procurement agents of the Department of Defense, and contractors of the defense industrial base, while maintaining appropriate safeguards of commercially proprietary information;
(B)
added
develop processes and procedures to streamline identification, testing, and qualification of compliant sources and compliant materials;
(C)
added
seek to reduce the unnecessary application of requirements that specific to a single Armed Force for identification, testing, and qualification of compliant sources and compliant material;
(D)
added
provide a forum for the Army, Navy, Air Force, Marine Corps, and Space Force and other elements of the Department of Defense to share technical and supply chain data related to requirements for covered materials;
(E)
added
identify compliant sources at each step of the supply chain, to the extent that such supply chains are subject to subchapter III of chapter 385 of title 10, United States Code;
(F)
added
at least once a quarter, publish for the members of the consortium and for the Under Secretary of Defense for Acquisition and Sustainment, a list of compliant sources for each critical material, including a general description of what step of the supply chain in which each compliant source is participating, if any;
(G)
added
develop and recommend processes to enable the Department of Defense to rapidly identify, qualify, and integrate compliant materials into programs of the Department at scale;
(H)
added
seek to reduce future requirements for critical materials in defense systems by encouraging contractors of the Department of Defense to design and develop systems that use commercially available critical materials, when such materials are capable of meeting mission needs;
(I)
added
seek input from small and nontraditional contractors and ensure the working group considers the unique attributes of such businesses in carrying out the responsibilities of this subsection;
(J)
added
develop and provide recommendations to reduce impediments or disincentives for a supplier of an end item to the Department of Defense to revise a supply chain agreement or other arrangement, to eliminate the reliance of the supplier on noncompliant sources;
(K)
added
any other matters assigned to the working group by the Secretary; and
(L)
added
provide the Secretary with timely recommendations developed pursuant to this section.
(b)
added
Replacement of existing noncompliant parts—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and implement guidance to ensure that critical materials from noncompliant sources that are present in covered systems of the Department of Defense are identified and replaced as rapidly as practicable with compliant materials.
(2)
added
Requirements— The guidance required by (1) shall—
(A)
added
ensure that a supplier of an end item is actively managing the supply chain, and shall address impediments or disincentives for the supplier to revise a supply chain agreement or other arrangement to eliminate the supplier’s reliance on noncompliant sources;
(B)
added
require the use of compliant sources included on the list required by paragraph (a)(3)(F), where appropriate;
(C)
added
require use of commercial qualification processes to the maximum extent practicable in determining whether a new supplier is capable of meeting defense requirements;
(D)
added
minimize the number of qualification events required, including minimizing the use of real-world testing, when replacing components or raw materials with functionally identical commercial offerings;
(E)
added
provide for waiver of defense-unique qualification requirements, including operational test and evaluation processes, unless compliance with such requirements is determined to be essential by the head of the contracting activity: and
(F)
added
prohibit additional testing of the end item if a component or subcomponent has shown to have substantially similar or identical performance after replacement of a noncompliant critical material with a compliant critical material, except where the service acquisition executive determines otherwise.
(3)
added
Safe harbor— The Secretary of Defense shall deem that any acquisition of a critical material, by the Department, a contractor to the Department, or a subcontractor at any tier, from a supplier of critical materials that is included on the list required by paragraph (a)(3)(F), is in compliance with the requirements of subchapter III of chapter 385 of this title, if—
(A)
added
the supplier of a critical material was on the most recent such list of compliant sources for such critical material at the time the acquisition contract or other agreement was entered into;
(B)
added
the supplier is included on such a list not less frequently than once every two years during the period beginning on the date on which such contract or other agreement is entered into and ending on the date on which such contract or other agreement expires or terminates; and
(C)
added
it would have created an unreasonable hardship, including an interruption of needed supplies or significantly different cost, for the acquiring entity to switch suppliers to a compliant source during the time between the signing of the contract or other agreement and the time of delivery under such contract or other agreement.
(4)
added
Responsible individual— The service acquisition executive for each service or agency shall, for each program under supervision of such service acquisition executive, identify the individual responsible for establishing the statement of work and qualification requirements associated with the replacement of components or raw materials critical materials from noncompliant sources in covered systems as required by this section.
(5)
added
Commercial items— The Secretary shall ensure that the guidance required by this subsection applies to commercial products and commercial off-the-shelf items to the extent that the requirements of chapter 385 of title 10, United States Code, apply to commercial products and commercial off-the-shelf items.
(c)
added
Access to materials— Notwithstanding section 4872(a) of title 10, United States Code, the Department of Defense is authorized to procure a covered material stockpiled in an allied or partner nation if such covered material has been under uninterrupted control by an entity in such allied or partner nation since 2000.
(d)
added
Funding estimates— Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget submitted by the President to Congress under section 1105 of title 31, United States Code, for a fiscal year, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the service acquisition executives of the military departments, shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to provide for the qualification and integration of compliant sources into the covered systems of each military department.
(e)
added
Definitions— In this section:
(1)
added
The term “compliant country” means a country that is not a covered nation.
(2)
added
The term “compliant source” means an entity engaged in the production, manufacture, or distribution of a critical material that is compliant with the requirements of subchapter III of chapter 385 of title 10, United States Code.
(3)
added
The term “compliant material” means critical material that is sourced from a compliant source.
(4)
added
The term “covered nation” has the meaning given such term in section 4872(h) of title 10, United States Code (as redesignated by this Act).
(5)
added
The term “covered system” means an end item that is currently in production or has been delivered to the Department of Defense.
(6)
added
The term “critical material” means a material subject to sourcing restrictions under subchapter III of chapter 385 of title 10, United States Code.
(7)
added
The term “end item” has the meaning given such term in section 4863 of title 10, United States Code.
(8)
added
The term “service acquisition executive” has the meaning given such term in section 101(a) of title 10, United States Code.
(9)
added
The term “working group” means the working group established under subsection (a).
Sec. 857
Enhanced security strategy for private fifth generation information and communications capabilities
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require a contractor for a procurement related to fifth-generation wireless technology for private networks on military installations to provide the information described in subsection (b) to promote enhanced wireless network security requirements, including supply chain risk management.
(b)
added
Information described— The information described in this subsection is as follows:
(1)
added
A hardware bill of materials for a procurement described in subsection (a).
(2)
added
A description of the implementation and operational use of zero trust principles and capabilities for such procurement.
(c)
added
Prioritization— With respect to a procurement described in subsection (a), the Secretary shall prioritize the use of private networks that employ Open-RAN approaches, including cloud-native capabilities.
(d)
added
Definitions— In this section:
(1)
added
The term “military installation” has the meaning given in section 2801 of title 10, United States Code.
(2)
added
The term “Open-RAN” means section 9202 of title XCII of the National Defense Authorization Act for Fiscal Year 2021.
Sec. 858
Preference for domestic procurement of professional services
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation—
(1)
added
to require, to the maximum extent practicable and consistent with the interests of national security, preference for procurement of professional services from offerors that are United States companies; and
(2)
added
to allow the Secretary discretion to waive the requirements of paragraph (1) if the Secretary determines that—
(A)
added
compliance with such requirements would result in the Department of Defense failing to meet an urgent operational requirement; or
(B)
added
no United States company or qualifying joint venture is capable of fulfilling the requirements of the contract in a timely or cost-effective manner.
(b)
added
Waiver requirements— A waiver described in subsection (a)(2) shall be issued in writing, shall include a justification for such issuance, and shall be submitted to the congressional defense committees not later than 30 days after such issuance.
(c)
added
Definitions— In this section:
(1)
added
The term “United States company” means an entity that—
(A)
added
is organized under the laws of a State, territory, or possession of the United States or the District of Columbia;
(B)
added
has its principal place of business in the United States; and
(C)
added
is not directly or indirectly owned or controlled by a foreign entity
(2)
added
The term “professional services” includes services in the fields of engineering, architecture, design, environmental consulting, financial consulting, program management, legal advisory, and other expert services as defined in the Federal Acquisition Regulation.
(3)
added
The term “qualifying joint venture” means a joint venture in which a United States company holds an ownership interest greater than 50 percent.
Sec. 861
Requirements relating to long-term concessions agreements with certain retailers
added
(a)
added
In general— Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section:
added
“4664. Requirements relating to long-term concessions agreements with certain retailers
added
“(a) Prohibition on contracting with certain retailers
added
“(1) The Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation.
added
“(2) The Secretary may waive the requirements of paragraph (1) if the Secretary determines that—
added
“(A) the goods or services to be provided by the retailer are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist;
added
“(B) the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer; and
added
“(C) the retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the ‘Committee’) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565).
added
“(3) Not later than 30 days after each use of the waiver authority under paragraph (2), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report including a justification for the use of such authority and a description of any risk mitigation strategies described in paragraph (2)(B).
added
“(4) With respect to a retailer that has misrepresented the ownership and control of such retailer for the award of a long-term concessions agreement, the Secretary of Defense may terminate such agreement.
added
“(5) Paragraph (1) shall apply with respect to a long-term concessions agreement entered into on or after the date of the enactment of this section.
added
“(b) Covered retailers
added
“(1) The Secretary of Defense may not permit a covered retailer controlled by a covered nation to operate or conduct business through a physical location on a covered military installation, unless such covered retailer has received an approval determination under paragraph (4).
added
“(2) Not later than 30 days after the date of the enactment of this section, a covered retailer—
added
“(A) shall submit to the Committee a notice that includes any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation; and
added
“(B) may not operate or conduct business through a physical location on a covered military installation unless the Committee submits a determination approving such notice in accordance with paragraph (3).
added
“(3) The Committee shall conduct an investigation of the effects of a notice submitted under paragraph (2) on the national security of the United States, including an assessment of any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
added
“(4) Not later than 180 days after completing an investigation under paragraph (3), the Committee shall submit to the Secretary of Defense a determination approving or disapproving the notice submitted under paragraph (2).
added
“(5)
added
“(A) A covered retailer that receives an approval under paragraph (4) shall submit annually to the Committee disclosures regarding any change in the ownership structure that may affect whether or not the covered retailer is controlled by a covered nation.
added
“(B) The Secretary of Defense shall immediately terminate a long-term concession agreement with a covered retailer if the Secretary determines such covered retailer has failed to comply with the requirements of this subsection.
added
“(c) Assessment of covered retailers
added
“(1) Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
added
“(2) Not later than 30 days after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a) or a determination made under subsection (b), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer.
added
“(d) Definitions—In this section:
added
“(1) The term controlled by a covered nation means, with respect to a retailer—
added
“(A) that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation;
added
“(B) that a covered nation owns 20 percent or more of the shares of the retailer; or
added
“(C) that the retailer is subject to the direct or control of a covered nation.
added
“(2) The term covered military installation means a military installation (as defined in section 2801 of this title) located in the United States.
added
“(3) The term covered nation has the meaning given in section 4872 of this title.
added
“(4) The term covered retailer means a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this Act.
added
“(5) The term long-term concessions agreement means a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by—
added
“(A) the Secretary of Defense or a Secretary of a military department and a person, including a nonappropriated fund instrumentality; or
added
“(B) a person and a nonappropriated fund instrumentality.
added
“(6) The term retailer means—
added
“(A) a nonappropriated fund instrumentality that operates or seeks to operate a business through a physical location on a covered military installation;
added
“(B) any other person that operates or seeks to operate a business on a covered military installation under a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, with—
added
“(i) a nonappropriated fund instrumentality;
added
“(ii) the Secretary of Defense; or
added
“(iii) a Secretary of a military department.”
(b)
added
Assessment of covered retailers—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
(2)
added
Termination— Not later than one year after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer.
(3)
added
Definitions— In this section, the terms covered nation, covered retailer, and long-term concessions agreement have the meanings given, respectively, in section 4664 of title 10, United States Code, as added by this section.
Sec. 862
Prohibition on contracting with entities with segregated facilities
added
added
Chapter 363 of title 10, United States Code, as amended by section 861 of this Act, is further amended by adding at the end the following new section:
added
“4665. Prohibition on contracting with entities with segregated facilities
added
“Each contract, including a subcontract (at any tier) under such a contract, entered into by the Secretary of Defense on or after the date of the enactment of this section shall include a provision requiring that each contractor follow all Federal laws, including title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), which prohibit segregated facilities.”
Sec. 863
Requirement for contractors to provide reasonable access to repair materials
added
(a)
added
In general— Chapter 363 of title 10, United States Code, as amended by section 862 of this Act, is further amended by adding at the end the following new section:
added
“4666. Requirement for contractors to provide reasonable access to repair materials
added
“(a) Requirement—An agency may not enter into a contract for the procurement of reparable goods or repair services in support of major weapon systems unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized repair providers to diagnose, analyze, maintain, or repair the good or service.
added
“(b) Waiver—The Secretary of Defense, or the head of the procuring agency in the case of a delegated authority, may waive the requirements of this section with respect to a particular contract or class of contracts upon a written determination that application of those requirements would have a negative impact on cost, schedule, or technical performance.
added
“(c) Protection for intellectual property, proprietary, and trade secret information—Nothing in this section shall be construed to permit the unauthorized disclosure or release of intellectual property, commercially confidential information, or trade secrets. The Secretary of Defense shall take all necessary steps to protect such information from disclosure to the extent otherwise protected by law.
added
“(d) Fair and reasonable access defined—In this section, the term “fair and reasonable access” means, as applicable—
added
“(1) prices, terms, and conditions that allow the Department of Defense the rights to provide the repair materials to an authorized contractor consistent with section 3771 of title 10, United States Code, and the Government’s product support strategy;
added
“(2) provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer or an authorized reseller or distributor offers the repair material to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider;
added
“(3) if a manufacturer does not offer, directly or through an authorized reseller or distributor, the repair material to any authorized repair provider, then provision of such repair material at prices, terms, and conditions that are otherwise determined by the United States Government to be fair and reasonable in accordance with this title and subject to the dispute resolution process outlined in chapter 71 of title 41, United States Code; and
added
“(4) if the United States Government did not previously fund the development of the intellectual property of the manufacturer or an authorized reseller or distributor, the Government would pay a fair and reasonable licensing fee to obtain access.”
(b)
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of this section.
(c)
added
Limitations— Nothing in this section shall be construed as altering the requirements in section 2464 and 2466 of title 10, United States Code.
Sec. 864
Prohibition on acquisition of advanced batteries from certain foreign sources
added
(a)
added
In general— Subchapter II of chapter 385 of title 10, United States Code, is amended by adding at the end the following new section:
added
“4865. Prohibition on acquisition of advanced batteries composed of materials from certain foreign sources
added
“(a) In general—Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if—
added
“(1) more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern;
added
“(2) such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); and
added
“(3) each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that—
added
“(A) limits the duration of the use of such technology; or
added
“(B) requires—
added
“(i) any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or
added
“(ii) any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern.
added
“(b) Exceptions
added
“(1) Waiver
added
“(A) In general—The Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary—
added
“(i) determines in writing that such acquisition is necessary to the national security interest of the United States; and
added
“(ii) implements a strategy to eliminate such necessity.
added
“(B) Delegation—The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows:
added
“(i) To the head of a contracting activity for the relevant component for a waiver for a single acquisition program.
added
“(ii) To the senior acquisition executive of a military department for a waiver for multiple programs within such military department.
added
“(iii) To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department.
added
“(C) Contents—The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include—
added
“(i) the reason such waiver is required;
added
“(ii) a list of each weapon system or end item for which such advanced battery is being acquired under such waiver;
added
“(iii) the duration of such wavier; and
added
“(iv) a timeline for implementing the strategy described in subparagraph (A)(ii).
added
“(2) Personal electronics—Subsection (a) does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes.
added
“(3) Testing and evaluation—Subsection (a) does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027.
added
“(c) Definitions—In this section:
added
“(1) The terms advanced battery and foreign entity of concern have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
added
“(2) The term battery cell means the smallest individual component of a battery capable of converting chemical energy into electrical energy.
added
“(3) The term electrode active materials means cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery.”
(b)
added
Applicability— Section 4865 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts or other agreements entered into after the date of the enactment of this Act.
Sec. 865
Prohibition on acquisition of molybdenum from non-allied foreign nations
added
(a)
added
In general— Section 4872(h)(1) of title 10, United States Code, as redesignated and amended by this Act, is further amended—
(1)
added
in subparagraph (D), by striking “and” at the end;
(2)
added
in subparagraph (E), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following new subparagraph:
added
“(F) molybdenum.”
(b)
added
Existing contract— The amendments made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act.
Sec. 866
Requirement to buy disposable food service products from American sources; exceptions
added
(a)
added
In general— Subchapter II of chapter 385 of title 10, United States Code, as amended by section 864 of this Act, is further amended by adding at the end the following new section:
added
“4866. Requirement to buy disposable food service products from American sources; exceptions
added
“(a) Requirement—The Secretary of Defense may only procure disposable food service products that—
added
“(1) are American-made;
added
“(2) contain no added perfluoroalkyl substances or polyfluoroalkyl substances; and
added
“(3) improve operational readiness (as defined in section 4322 of this title).
added
“(b) Waiver
added
“(1) The Secretary of Defense may waive the requirement under subsection (a) if the Secretary—
added
“(A) determines that the waiver is in the best interest of the national security of the United States; and
added
“(B) submits to the congressional defense committees a written justification for issuing such waiver.
added
“(2) The Secretary may not delegate the authority to issue a waiver under this subsection to an official below the level of the Under Secretary of Defense for Acquisition and Sustainment.
added
“(c) Definitions—In this section:
added
“(1) The term American-made means, with respect to a disposable food service product, that such product is manufactured or produced in the United States—
added
“(A) by an entity that is incorporated and headquartered in the United States; and
added
“(B) substantially all from articles, materials, or supplies produced or manufactured in the United States.
added
“(2) The term disposable food service products means—
added
“(A) single-use products for serving or transporting ready-to-consume food or beverages; and
added
“(B) excludes—
added
“(i) plastic food wrappers or other plastic packaging for food; and
added
“(ii) operational rations, including meals ready-to-eat or unitized group rations.
added
“(3) The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title.”
(b)
added
Modification of regulations— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of section 4866 of title 10, United States Code, as added by this section.
Sec. 867
Prohibition on Department of Defense contracts with certain foreign-owned online tutoring services
added
added
Section 854 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4651 note prec.) is amended—
(1)
added
by striking “The Secretary” and inserting “(a) In general.—The Secretary”;
(2)
added
by striking “the People’s Republic of China” and inserting “a country of concern”; and
(3)
added
by adding at the end the following new subsection:
added
“(b) Country of concern defined—In this section, the term “country of concern” means any of the following:
added
“(1) China.
added
“(2) Russia.
added
“(3) Iran.
added
“(4) North Korea.”
Sec. 868
Modifications to certain procurements from certain Chinese entities
added
(a)
added
Modification of prohibition on Department of Defense procurement related to entities identified as Chinese military companies operating in the United States—
(1)
added
Prohibition on use of loan or grant funds—
(A)
added
In general— Subsection (a)(1) of section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.) is amended—
(i)
added
in subparagraph (A), by striking “; or” and inserting a semicolon;
(ii)
added
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(iii)
added
by adding at the end the following new subparagraph:
added
“(C) obligate or expend loan or grant funds to procure or obtain goods and services produced or developed by an entity described in paragraph (2).”
(B)
added
Applicability— The requirements of subparagraph (C) of section 805(a)(1) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), as added by this paragraph, shall apply with respect to loan or grant funds obligated or expended on or after the date of the enactment of this Act.
(2)
added
Expansion of entities covered— Subsection (a)(2) of such section is amended—
(A)
added
in subparagraph (A), by striking “; or” and inserting a semicolon;
(B)
added
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(C)
added
by adding at the end the following new subparagraph:
added
“(C) any entity for which the Secretary has submitted a certification to the congressional defense committees for inclusion in this paragraph for national security reasons.”
(3)
added
Waiver reporting— Subsection (c) of such section is amended by adding at the end the following new paragraph:
added
“(4) Reporting—The Secretary of Defense shall submit to the congressional defense committees an annual report on waivers granted under this subsection, including the justifications for such waivers.”
(4)
added
Rulemaking— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to implement the prohibitions in section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), as amended by this subsection.
(b)
added
Designation of certain biotechnology entities as Chinese military companies—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall update the list maintained by the Department of Defense in accordance with section 1260H(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) to include biotechnology entities (including any subsidiary, parent, affiliate, or successor of such an entity) engaged in DNA and RNA assembly, synthesis, and manufacturing.
(2)
added
Definitoins— In this subsection:
(A)
added
The term DNA and RNA assembly, synthesis, and manufacturing means the chemical or biological production of RNA and DNA molecules through enzymatic methods or chemical synthesis and involving the construction of longer sequences or entire genomes from smaller DNA or RNA fragments, commonly used in medical research, synthetic biology, gene therapy, and vaccine development.
(B)
added
The term “biotechnology entity” has the meaning given in section 1312(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31).
(c)
added
Modification of prohibition on availability of funds for procurement of certain batteries— Subsection (b) of section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note preceding section 44651) is amended—
(1)
added
by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;
(2)
added
by inserting after paragraph (1) the following:
added
“(2) Amperex Technology Limited (also known as “ATL”).”
(3)
added
by amending paragraph (8) as redesignated by striking “paragraphs (1) through (6)” and inserting “paragraphs (1) through (7)”.
Sec. 869
Prohibition on the purchase of photovoltaic modules from foreign entities of concern
added
(a)
added
In general— Except as provided by subsection (b), none of the funds made available by this Act may be used to acquire a photovoltaic module or photovoltaic cells manufactured by a foreign entity of concern (as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
(b)
added
Waiver— The Secretary of Defense may waive subsection (a) with respect to an acquisition of a photovoltaic module or photovoltaic cell manufactured by for foreign entity of concern if the Secretary—
(1)
added
determines that a sufficient quantity and satisfactory qualify of such photovoltaic module or photovoltaic cell, as applicable, manufactured by entities other than foreign entities of concern is not available as and when needed at United States market prices;
(2)
added
determines that the use of such photovolatic module or photovoltaic cell, as applicable, does not pose any risk to national security; and
(3)
added
submits to the appropriate congressional committees a certification of the determinations under paragraphs (1) and (2) not later than the date that is 30 days prior to the date on which the Secretary of Defense enters into a contract or other agreement for such acquisition.
(c)
added
Applicability— Subsection (a) shall apply only with respect to contracts or other agreements for the acquisition of photovoltaic modules or photovoltaic cells directly by the Department of Defense that do not involve any third party financing arrangements, including energy savings contracts and contracts or other agreements involving privatized military housing.
(d)
added
Definitions— In this section:
(1)
added
The term photovoltaic cell means the smallest semiconductor element of a photovoltaic module that performs the immediate conversion of light into electricity.
(2)
added
The term photovoltaic module means an end item (as such term is defined in section 4863 of title 10, United States Code) comprised of connected and laminated photovoltaic cells in an environmentally protected assembly that is suitable to generate electricity when exposed to sunlight.
Sec. 870
Prohibition on computers or printers acquisitions involving entities owned or controlled by China
added
(a)
added
In general— The Secretary of Defense may not acquire any computer or printer if the manufacturer, bidder, or offeror is a covered Chinese entity.
(b)
added
Applicability— This section shall apply with respect to contracts or other agreements entered into, renewed, or extended after the date of the enactment of this Act.
(c)
added
Definitions— In this section:
(1)
added
The term computer—
(A)
added
means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; and
(B)
added
does not include an automated typewriter or typesetter, a portable handheld calculator, or other similar device.
(2)
added
The term “covered Chinese entity” means an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, determines to be an entity owned, controlled, directed, or subcontracted by, affiliated with, or otherwise connected to, the Government of the People’s Republic of China.
(3)
added
The term “manufacturer” means—
(A)
added
the entity that transforms raw materials, miscellaneous parts, or components into the end item;
(B)
added
an entity that subcontracts with the entity described in subparagraph (A) for purposes of assisting the entity described in such subparagraph in transforming raw materials, miscellaneous parts, or components into the end item;
(C)
added
an entity that otherwise directs the entity described in subparagraph (A) to transform raw materials, miscellaneous parts, or components into the end item; or
(D)
added
any parent company, subsidiary, or affiliate of the entity described in subparagraph (A).
(4)
added
The term printer—
(A)
added
means desktop printers, multifunction printer copiers, and printer and fax combinations taken out of service that may or may not be designed to reside on a work surface;
(B)
added
includes devices that use various print technologies, including laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation;
(C)
added
includes multi-function or “all-in-one” devices that perform different tasks, including copying, scanning, faxing, and printing;
(D)
added
includes floor-standing printers, printers with an optional floor stand, or household printers; and
(E)
added
does not include point-of-sale receipt printers, calculators with printing capabilities, label makers, or non-standalone printers that are embedded into products that are not described in subparagraphs (A) through (D).
Sec. 871
Modification to demonstration and prototyping program to advance international product support capabilities in a contested logistics environment
added
added
Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended—
(1)
added
in subsection (b)(2)—
(A)
added
in subparagraph (A), by striking “and” at the end;
(B)
added
by redesignating subparagraph (B) as subparagraph (C); and
(C)
added
by inserting after subparagraph (A) the following new subparagraph:
added
“(B) commercial advanced or additive manufacturing facilities for rapid, distributed production of parts closer to the point of use; and”
(2)
added
in subsection (g), by striking “on the date” and all that follows and inserting “December 31, 2030.”.
Sec. 872
Modification to procurement requirements relating to rare earth elements and strategic and critical materials
added
(a)
added
Modification regarding advanced batteries in disclosures concerning rare earth elements and strategic and critical materials by contractors of department of defense— Section 857 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2727; 10 U.S.C. 4811 note) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)(A)—
(i)
added
by striking “permanent magnet” and inserting “permanent magnet, or an advanced battery or advanced battery component (as those terms are defined, respectively, in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a))),”; and
(ii)
added
by striking “of the magnet” and inserting “of the magnet, the advanced battery, or the advanced battery component (as applicable)”; and
(B)
added
by amending paragraph (2) to read as follows:
added
“(2) Elements—A disclosure under paragraph (1) with respect to a system described in that paragraph shall include—
added
“(A) if the system includes a permanent magnet, an identification of the country or countries in which—
added
“(i) any rare earth elements and strategic and critical materials used in the magnet were mined;
added
“(ii) such elements and materials were refined into oxides;
added
“(iii) such elements and materials were made into metals and alloys; and
added
“(iv) the magnet was sintered or bonded and magnetized; and
added
“(B) if the system includes an advanced battery or an advanced battery component, an identification of the country or countries in which—
added
“(i) any strategic and critical materials that are covered minerals used in the battery or component were refined, processed, or reprocessed;
added
“(ii) any strategic and critical materials that are covered minerals and that were manufactured into the battery or component; and
added
“(iii) the battery cell, module, and pack of the battery or component were manufactured and assembled.”
(2)
added
by amending subsection (d) to read as follows:
added
“(d) Definitions—In this section:
added
“(1) The term “strategic and critical materials” means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
added
“(2) The term “covered minerals” means lithium, nickel, cobalt, manganese, and graphite.”
(b)
added
Technical amendments— Subsection (a) of such section 857 is further amended—
(1)
added
in paragraph (3), by striking “provides the system” and inserting “provides the system as described in paragraph (1)”; and
(2)
added
in paragraph (4)(C), by striking “a senior acquisition executive” and inserting “a service acquisition executive”.
Sec. 873
Applicability of the prohibition on acquiring certain metal products
added
added
Section 844(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
added
in the subsection heading, by inserting “; Applicability” after “date”; and
(2)
added
by inserting “, and shall apply with respect to contracts entered into on or after,” after “take effect on”.
Sec. 874
Recycling critical mineral
added
added
Section 848(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4811 note) is amended—
(1)
added
in paragraph (1)—
(A)
added
in subparagraph (B), by inserting “under the guidance described in paragraph (3)” after “recycled or reused minerals or metals”; and
(B)
added
in subparagraph (C), by inserting “under the guidance described in paragraph (3)” after “recycled or reused minerals or metals”; and
(2)
added
by adding at the end the following new paragraph:
added
“(3) Guidance—The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance to use the lessons learned from the program of the Defense Logistics Agency for recycling optical-grade germanium used in weapons systems and night vision equipment to expand and scale the use of the authority of the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to recycle, reuse, or otherwise recover materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).”
Sec. 875
Organic small unmanned aircraft system manufacturing capacity
added
(a)
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group, to be called the “SkyFoundry Working Group”, to develop recommendations—
(1)
added
for improving the domestic manufacturing capacity for small unmanned aircraft systems; and
(2)
added
to enable rapid development, testing, and scalable manufacturing of small drones.
(b)
added
Membership— The membership of the working group shall include representatives from the Government, including representatives from the Army Materiel Command and the United States Special Operations Command, industry, and academia with expertise in the manufacturing, engineering, or testing and evaluation of small UAS manufacturing, including expertise in modular manufacturing processes for small UAS, or commercial best practices and business models for manufacturing small UAS.
(c)
added
Responsibilities— The working group established under subsection (a) shall—
(1)
added
identify existing infrastructure of the Department of Defense, including depots and military installations, that may be modified to operate as an innovation center and production facility for small UAS manufacturing that is capable of mass producing small UAS;
(2)
added
assess how the infrastructure identified under paragraph (1) could be operated using a hybrid business model, including—
(A)
added
a Government Owned, Contractor Operated model; and
(B)
added
a Government Owned, Government Operated model;
(3)
added
identify additional authorities that could be used to streamline and expedite the establishment of an organic small UAS innovation and production facility, including rapid acquisition authorities that could be used to accelerate contacting, production, testing, and delivery of small UAS to the Department of Defense;
(4)
added
identify any changes to policy and procedures of the Department that are required for the Department to establish the innovation center and production facility for sUAS manufacturing at an existing depot or military installation;
(5)
added
identify any funding required for the sustainment, restoration, and modernization of facilities to establish an innovation center and production facility for small UAS manufacturing; and
(6)
added
develop and submit to the Secretary of Defense recommendations for—
(A)
added
establishing an innovation center and production facility for small UAS manufacturing;
(B)
added
workforce training to enhance the knowledge and experience of the workforce of the Department of Defense in small UAS design, manufacturing, and testing best practices and procedures; and
(C)
added
expanding the concept of a innovation center and production facility to expand the access of the Department of Defense to required products, including energetics and autonomous systems.
(d)
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress—
(1)
added
a summary of the recommendations submitted to the Secretary under subsection (c)(6);
(2)
added
an explanation of the actions taken by the Secretary to better enable the Department of Defense to rapidly develop, test, and manufacture small UAS; and
(3)
added
the recommendations of the Secretary to enable the Department to expand domestic manufacturing capacity for small unmanned aircraft systems and to enable rapid development, testing, and scalable manufacturing of small drones, including any recommendations for any additional relevant statutory authorities.
(1)
added
In general— The requirements under this section shall expire on the date that is one year after the date of this Act.
(2)
added
Rule of construction— Paragraph (1) shall not be construed as terminating the authority of the Secretary to continue the operating the working group established under subsection (a) after the expiration date established under such paragraph.
(f)
added
Preservation of authority— The establishment or findings of the working group established under subsection (a) shall not be construed as restricting, delaying, or otherwise limiting the Secretary of the Army from exercising any of the authorities of the Secretary referred to in this section, including the performance of any action under any authority of the Secretary that may be the subject of a review by or recommendation of such working group.
(g)
added
Definitions— In this section:
(1)
added
The term “small unmanned aircraft system” mean a small unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
(2)
added
The term “small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
Sec. 876
Protecting AI and cloud competition in defense contracts
added
(a)
added
Cloud, data infrastructure, and foundation model procurement requirements— The Secretary of Defense shall, when entering into a contract for cloud computing, data infrastructure, and artificial intelligence capabilities—
(1)
added
promote security, resiliency, and competition in the procurement of such capabilities by requiring the use of competitive procedures under section 3012 of title 10, United States Code;
(2)
added
ensure that the Government retains exclusive access to and use of all Government-furnished data;
(3)
added
ensure that such competitive procedures—
(A)
added
prioritize appropriate Government roles in intellectual property, data rights, security, interoperability, and auditability;
(B)
added
incorporate modular open systems approaches (as defined in section 4401 of title 10, United States Code (as amended by section 1833 of this Act)) and technical boundaries;
(C)
added
use best practices in streamlined procurement as set forth in the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) and section 808 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 10 U.S.C. 4001 note);
(D)
added
encourages participation by small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code);
(E)
added
uses all appropriate acquisition authorities, including authorities under sections 4021 and 4022 of title 10, United States Code, and commercial solutions opening contracts entered into pursuant to section 3458 of title 10, United States Code.
(b)
added
Data training and use protection— The Secretary of Defense, acting through the Director of the Chief Digital and Artificial Intelligence Office of the Department of Defense, shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that—
(1)
added
Government-furnished data provided for the development or operation of AI capabilities may not be used by a covered provider to train or improve commercial products without express written authorization from the Secretary of Defense;
(2)
added
such Government-furnished data, when stored on covered provider systems, is protected and treated in accordance with covered data principles, or, to the maximum extent practicable, under commercial AI terms protective of Government interests;
(3)
added
a service acquisition executive (as defined in section 101 of title 10, United States Code) may waive the requirements of this subsection only if—
(A)
added
such waiver is determined to be necessary for national security; and
(B)
added
the Director is notified of the specific waiver, the covered provider and a description and the value of the contract to which the waiver applies, the data subject to the waiver, and the justification for such waiver.
(1)
added
In general— Not later than January 15, 2027, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on—
(A)
added
competition and innovation among providers of AI technologies or cloud computing capabilities for the Department of Defense;
(B)
added
barriers to the award of a contract with the Department of Defense faced by providers of commercial AI technologies and emerging technology companies; and
(C)
added
legislative and administrative recommendations to enhance innovation, competition, and secure data practices in Department of Defense AI and cloud acquisitions.
(2)
added
Publication— The Secretary of Defense shall ensure that the report is made available to the public by—
(A)
added
posting a publicly releasable version of the report on a website of the Department of Defense; and
(B)
added
upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department.
(d)
added
Definitions— In this section:
(1)
added
The terms artificial intelligence and AI have the meaning given the term artificial intelligence in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2)
added
The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document.
(3)
added
The term cloud provider means an entity engaged in the provision, sale, or licensing of cloud computing.
(4)
added
The term “covered data principles” means—
(A)
added
“DoD data decrees” as described in the memorandum of the Department of Defense titled “Creating Data Advantage” issued May 5, 2021; and
(B)
added
Creating Data Advantage (Open DAGIR) principles, as defined by the Director of the Chief Digital and Artificial Intelligence Office
(5)
added
The term covered provider means any cloud provider, data infrastructure provider, or artificial provider that has entered into one or more contracts with an aggregate total value of greater than or equal to $50,000,000 during the period of five fiscal years preceding the fiscal year in which a contract described in subsection (a) is entered into.
(6)
added
The term data infrastructure means the underlying computer, network, and software systems that enable the collection, storage, processing, and analysis of data, including the ability to record, transmit, transform, categorize, integrate, and otherwise process data generated by digital data systems.
Sec. 877
Bioindustrial commercialization program
added
(a)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a program to support the expansion of the domestic capacity for bioindustrial manufacturing of critical biomanufactured products at a commercial level through awards to eligible entities for establishing, upgrading, and retooling of eligible bioindustrial manufacturing facilities.
(1)
added
In general— An entity seeking an award under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines appropriate.
(2)
added
Competitive awards— The Secretary shall make each award under the program to an eligible entity in a competitive manner.
(3)
added
Award criteria— In selecting eligible entities to receive awards under the program, the Secretary shall consider the following criteria:
(A)
added
The potential of the technology of such eligible entity to improve domestic resilience and protect critical supply chains for critical biomanufactured products.
(B)
added
How the technology of such eligible entity could help meet the demand for the capabilities required by the next generation of warfighters.
(C)
added
The ability of the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award to be repurposed and the range of products that such eligible bioindustrial manufacturing facilities is capable of producing.
(D)
added
Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award supports the goal of wide geographic distribution of bioindustrial manufacturing facility across the United States.
(E)
added
Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award is located in geographic proximity to sources of input materials for the production of critical biomanufactured products or areas with established biomanfuacturing capabilities; and
(F)
added
Such additional considerations that the Secretary deems appropriate.
(4)
added
Use of award funds— A recipient of an award under the program may use funds received under such award for the establishment, upgrading, or retooling of one or more eligible bioindustrial manufacturing facilities to produce critical biomanufactured products, including the development of business or technical plans related to such establishment, upgrading, or retooling.
(c)
added
Oversight— If the Secretary establishes the program, the Secretary shall establish reporting requirements for recipients of awards under the program which shall include requirements for period reports on the following:
(1)
added
The progress of the recipient in establishing, upgrading, or retooling the eligible bioindustrial manufacturing facility with respect to which such recipient received such award.
(2)
added
The estimated timeline and funding requirements for the recipient to begin biomanufacturing at the eligible bioindustrial manufacturing facility described in paragraph (1).
(3)
added
The products, including the critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1).
(4)
added
The progress of the recipient in entering into an agreement with the Department of Defense or an element thereof to provide critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1) once such eligible bioindustrial manufacturing facility begins biomanufacturing.
(d)
added
Reports to Congress—
(1)
added
Initial report— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the plan of the Secretary for allocating amounts appropriated to the Department of Defense to fund the program.
(2)
added
Annual reports— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the activities under the program, including—
(A)
added
a list of the awards made under the program as of the date on which the report is submitted, including, for each such award—
(i)
added
the name of the entity that received the award;
(ii)
added
the location of the eligible bioindustrial manufacturing facility with respect to which such entity received the award;
(iii)
added
the amount of the award, disaggregated by the initial amount of the award and any additional amounts provided under the award;
(iv)
added
an explanation of the criteria supporting making the award to such entity, including a description of any notable technologies of such entity relevant to the award;
(v)
added
if applicable, an explanation of the rational for providing additional amounts under the award; and
(vi)
added
to the extent practicable, and explanation of the effects of the award;
(B)
added
an identification of amounts available to the Department of Defense for making awards under the program as of the date on which the report is submitted and an explanation of any plans for the use of such amounts;
(C)
added
an explanation of the communication between the Secretary and eligible entities seeking an award under the program regarding requirements and timelines for such awards; and
(D)
added
an explanation of how the establishment, upgrading, or retooling of the eligible bioindustrial manufacturing facility for which awards were made under the program aligns with priorities and needs of the Department of Defense and national security.
(1)
added
In general— Except as provided by paragraph (2), this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
(2)
added
Extension— The Secretary may change the date on which this section terminates to a date that is later than the date on which this section would terminate under paragraph (1) if the President determines that the continuation of the program is necessary to meet national economic and national security needs.
(f)
added
Definitions— In this section:
(1)
added
The term “biomanufacturing” means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.
(2)
added
The term “critical biomanufactured product” means a chemical, material, and other product that is manufactured using biomanufacturing and is relevant to the Department of Defense.
(3)
added
The term “eligible bioindustrial manufacturing facility” means a bioindustrial manufacturing facility that—
(A)
added
is or, if not yet established, will be located in the United States; and
(B)
added
is or, pursuant to an award under the program, will produce critical biomanufactured products.
(4)
added
The term “eligible entity” means an entity that—
(A)
added
is a private entity;
(B)
added
applied for an award under the program in accordance with subsection (b)(1); and
(C)
added
meets such other criteria for eligibility for an award under the program as determined by the Secretary.
(5)
added
The term “program” means the program established under subsection (a).
(6)
added
The term “Secretary” means the Secretary of Defense.
Sec. 878
Common repository for supplier information
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Industrial Base Policy shall establish a repository of information commonly required for the initial vetting by the Department of Defense of contractors applying to be qualified to supply products or services to the Department.
(b)
added
Coordinated efforts— The Assistant Secretary of Defense for Industrial Base Policy shall develop the repository required under subsection (a) in conjunction with or as part of other efforts of an Office of Small Business Programs of the Department of Defense to provide market research, supply chain resiliency, cybersecurity, and secure cloud tools to entities furnishing procurement technical assistance under chapter 388 of title 10, United States Code, and small manufacturers.
(c)
added
Cooperative agreement— The Assistant Secretary of Defense for Industrial Base Policy may enter into a public-private partnership or cooperative agreement with one or more contractors of the Department of Defense in establishing the repository required by (a) if the Assistant Secretary determines that such repository—
(1)
added
would reduce duplicative efforts or reduce the time spent by potential suppliers in providing similar information to multiple prime contractors; or
(2)
added
would streamline or reduce the cost of a prime contractor qualifying a supplier for products or services to be provided to the Department.
Sec. 879
Civil Reserve Manufacturing Network
added
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to support the establishment of the Civil Reserve Manufacturing Network to preserve the military advantage and bolster the defense of the United States and broaden the domestic industrial base.
(2)
added
Responsibilities— The working group established under paragraph (1) shall—
(A)
added
identify issues with respect to the CRMN;
(B)
added
develop recommendations for establishment and operation of the CRMN, including recommendations for—
(i)
added
resolving the issues identified under subparagraph (A); and
(ii)
added
incentives to encourage participation in the CRMN;
(C)
added
submit to the Secretary the issues identified under subparagraph (A) and the recommendations developed under subparagraph (B).
(3)
added
Collaboration— In carrying out the responsibilities of the working group established under paragraph (1), the working group shall collaborate with relevant entities, including government, industry, and academia.
(1)
added
In general— Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the establishment of the CRMN program that includes—
(A)
added
a plan to develop a CRMN comprised of commercial advanced or adaptive manufacturing capabilities or facilities that can rapidly transition from the production of commercial products for commercial customers to the production of products required by the Department of Defense; and
(B)
added
an identification of any statutory or regulatory constraints on the establishment or effectiveness of the CRMN and recommendations to streamline the establishment of the CRMN, including any changes to existing authorities related to the use of public-private partnerships.
(2)
added
Considerations— In developing the plan required under paragraph (1), the Secretary shall, to the extent practicable, incorporate the recommendations of the working group established under subsection (a) submitted to the Secretary under paragraph (2) of such subsection.
(c)
added
Interim report— Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on progress of the CRMN, including—
(1)
added
an assessment of the benefits a factory-as-a-service model with respect to accelerating the timelines for the establishment of the CRMN, reducing the costs to the Government of operating the CRMN, minimizing obsolescence of commercial advanced or adaptive manufacturing capabilities or facilities that are part of the CRMN, and enabling the rapid scaling of the CRMN;
(2)
added
an analysis of improvements in efficiency and cost reduction the Department of Defense may achieve without sacrificing performance, reliability, qualify, or safety from the use of advanced or adaptive manufacturing and application value engineering techniques under part 48 of the Federal Acquisition Regulation;
(3)
added
an assessment of potential to improve supply chain resiliency through the acquisition by the Government of advanced or adaptive manufacturing hardware structures for use by system integrators;
(4)
added
an identification of any statutory or regulatory constraints and recommendations to streamline the establishment of the CRMN, including any amendments to exiting authorities for public-private partnerships;
(5)
added
an explanation of the progress on developing an incentive structure that would enable the success of the CRMN by sufficiently addressing the risk to commercial customers of CRMN participants of loss of production if such participants are required to shift production to meet the needs of the Department;
(6)
added
a list of existing programs of the Department that are delayed or have cost overruns resulting from a lack of components due to shortages of required casting and forging capabilities of manufacturers, including—
(A)
added
the name of the program or contract;
(B)
added
the components that are delayed or contributing to such cost overruns; and
(C)
added
whether such components could be produced through alternative means, including advanced or adaptive manufacturing; and
(7)
added
a strategy to transition existing production approaches for the programs identified under paragraph (6) to advanced or adaptive manufacturing.
(d)
added
Civil Reserve Manufacturing Network program—
(1)
added
In general— After the submission of the plan required under subsection (b)(1), the Secretary shall establish the CRMN program under which—
(A)
added
the Secretary shall establish the CRMN; and
(B)
added
advanced or adaptive manufacturers participate in the CRMN.
(2)
added
Participant requirements— Each participant shall enter into an agreement with the Secretary under which such participant shall, upon such terms and conditions as agreed to by the Secretary and the participant, rapidly transition the production facilities of such participant to begin production of products for the Department of Defense.
(3)
added
Solicitation of program participants— Not later than one year after the date of enactment of this Act, the Secretary shall seek to enter into agreements with one or more advanced or adaptive manufacturers to participate in the CRMN under the program.
(4)
added
Participation benefits—
(A)
added
Expedited qualification— The Secretary shall establish expedited procedures for qualifying participants to be eligible to supply products or services to the Department of Defense.
(B)
added
Funding— Subject to the availability of appropriations, the Secretary shall award funding to participants for—
(i)
added
expedited qualification and testing of products manufactured by the participant for use by the Department of Defense; and
(ii)
added
non-recurring engineering costs associated with the conversion of specifications of a traditionally manufactured product into an appropriate format for advanced or adaptive manufacturing.
(e)
added
Briefings— Not later than March 1, 2027, and annually thereafter for five years, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the establishment of the CRMN under the program.
(f)
added
Definitions— In this section:
(1)
added
The term “advanced or adaptive manufacturer” means a manufacturer that uses advanced or adaptive manufacturing.
(2)
added
The term “advanced or adaptive manufacturing” means manufacturing through the use of interconnected, advanced technologies throughout the design and manufacturing process that enables modular, adaptable, and efficient manufacturing, including software-controlled subtractive manufacturing, additive manufacturing, and powder bed fusion manufacturing.
(3)
added
The term “advanced or adaptive manufacturing hardware structure” means hardware used in advanced or adaptive manufacturing for the positioning, mounting, or bracing of a product in the manufacturing process.
(4)
added
The term “CRMN” means a network of manufacturers that have entered into an agreement with the Secretary under which the manufacturer agrees to rapidly transition the manufacturing facilities of such manufacturers that produce commercial products for purchasers other than the Department of Defense to the production of products for the Department of Defense.
(5)
added
The term “factory-as-a-service” means a business model and technological framework that provides access to scalable and flexible manufacturing resources as service, enables rapid reconfiguration of production lines, and real-time collaboration across geographically dispersed facilities.
(6)
added
The term “participant” means an advanced or adaptive manufacturer that is participating in the CRMN under the program.
(7)
added
The term “program” means the program established under subsection (d)(1).
(8)
added
The term “Secretary” means the Secretary of Defense.
(g)
added
Confirming amendment— Section 3243 of title 10, United States Code, is amended—
(1)
added
by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
(2)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Advanced or adaptive manufacturing qualifications—The head of the agency shall establish a process to streamline qualification of sources who use advanced manufacturing techniques, including those using a digital adaptive production system. Once a source is qualified, the head of the agency shall not require additional qualification for sources or products produced unless material changes have been made to the manufacturing process.”
Sec. 881
Department of Defense contracting goals for small business concerns owned and controlled by veterans
added
added
Chapter 387 of title 10, United States Code, is amended by adding at the end the following new section:
added
“4903. Small business concerns owned and controlled by veterans: contracting goals
added
“(a) Contracting goals—In order to increase contracting opportunities for small business concerns owned and controlled by veterans, the Secretary shall establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans that is not less than the Governmentwide goal for that fiscal year for participation by small business concerns owned and controlled by service-disabled veterans under section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)).
added
“(b) Sole source contracts for contracts above simplified acquisition threshold—For purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if—
added
“(1) such concern is determined to be a responsible source with respect to performance of such contract;
added
“(2) the anticipated award price of the contract (including options) will not exceed the amounts established in section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)); and
added
“(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.
added
“(c) Use of restricted competition—Except as provided in subsection (b), for purposes of meeting the goals under subsection (a) and in accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.
added
“(d) Eligibility of small business concerns—A small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database described in section 36(f)(1) of the Small Business Act (15 U.S.C. 657f(f)(1)).
added
“(e) Small Business Act definitions—In this section, the terms small business concern, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans have the meanings given, respectively, under section 3 of the Small Business Act (15 U.S.C. 632).”
Sec. 882
Permanent extension of phase flexibility and inclusion of small business technology transfer program
added
added
Section 9(cc) of the Small Business Act (15 U.S.C. 638(cc)) is amended—
(1)
added
by striking “During fiscal years 2012 through 2025, the” and inserting “The”; and
(2)
added
by inserting “or STTR program” after “SBIR program” each place it appears.
Sec. 883
Authority to make additional sequential Phase II awards under the Small Business Innovation Research program or Small Business Technology Transfer program
added
(a)
added
In general— Notwithstanding paragraph (1) of section 9(ff) of the Small Business Act (15 U.S.C. 638(ff)(1)), during each of fiscal years 2026 through 2029, the Secretary of Defense may award one additional sequential Phase II SBIR award or one additional sequential Phase II STTR award during each such fiscal year to a small business concern that received an additional Phase II award under such paragraph (1) for continued work on the project for which the small business concern received such award.
(b)
added
Limitations— In carrying out this section, the Secretary of Defense—
(1)
added
may use not more than 3 percent of the funds allocated to the SBIR program or STTR program of the Department, as applicable;
(2)
added
shall minimize, to the maximum extent possible, the number of awards made using the authority under this section; and
(3)
added
shall notify the Administrator of the Small Business Administration of the use of the authority under this section before making an award under this section that includes an explanation of why the Secretary elected to use the authority under this paragraph instead of seeking a Phase III award for such project.
(c)
added
Definitions— In this section, the terms SBIR, STTR, and Phase II have the meanings given, respectively, in section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 884
Congressional notification requirements for small business concerns for any significant contract termination
added
added
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise section 249.7001 of the Department of Defense Supplement to the Federal Acquisition Regulation (or any successor regulation) to extend the congressional notification requirements for any significant contract termination to include contracts awarded to a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)).
Sec. 891
Special Operations Command Urgent Innovative Technologies and Capabilities Pilot Program
added
(a)
added
Establishment— The Commander of the United States Special Operations Command shall carry out a pilot program to be known as the “USSOCOM Urgent Innovative Technologies and Capabilities Pilot Program” (in this section referred to as the “Program”) to accelerate the research, development, testing, procurement, and initial sustainment of innovative technologies and equipment that enhance the operational capabilities of Special Operations Forces to meet emerging mission requirements.
(b)
added
Requirements— The Commander shall—
(1)
added
establish procedures for component special operations units to submit requests to the Commander for the inclusion of innovative technologies and equipment in the Program; and
(2)
added
use authorities under section 167(e)(4) of title 10, United States Code, to carry out the Program.
(1)
added
In general— Not later than one year after the date of the enactment of this section, and annually thereafter for the duration of the Program, the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the implementation and effectiveness of the Program.
(2)
added
Contents— Each report shall include the following:
(A)
added
A summary of activities carried out under the Program along with documentation of planned expenditures.
(B)
added
An assessment of the effect of innovative technologies and equipment included in the Program on the operational capabilities of the United States Special Operations Command.
(C)
added
Recommendations for the continuation, expansion, or modification of the Program.
(D)
added
A description of any challenges encountered and lessons learned.
(E)
added
A description of any action using established procedures for a reprogramming of funds in an amount greater than the approved amount for such reprogramming, as established by Congress, to carry out the Program.
(d)
added
Sunset— The authority to carry out the Program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 892
Inventory of technical data rights for weapon system sustainment
added
(a)
added
Inventory required— Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall initiate a process to establish an inventory of the required covered data related to procured covered systems. Such inventory shall be made available for use by employees of the Department of Defense or depot maintenance support contractors.
(b)
added
Review of requirements— In conducting the inventory required by subsection (a), each service acquisition executive shall review requirements for covered data identified during the design, development, and procurement of a covered system including, as applicable—
(1)
added
the planning for sustainment and the development of a life cycle cost estimate for the covered system required by paragraphs (4) and (6) of section 4251(b) of title 10, United States Code;
(2)
added
the life-cycle sustainment planning required by paragraph (10) of section 4252(b) of title 10, United States Code;
(3)
added
the estimate of requirements for core logistics capabilities required by paragraph (11) of such section 4252(b);
(4)
added
the actions planned to acquire technical data required by paragraph (13) of such section 4252(b);
(5)
added
the assessment of the long-term technical data needs required by subsection (a)(1)(A) of section 3774 of title 10, United States Code;
(6)
added
the acquisition strategy to provide for technical data rights required by subsection (a)(1)(B) of such section 3774;
(7)
added
the assessment and strategy related to inclusion of a priced contract option required by subsection (b)(2) of such section 3774;
(8)
added
the assessment and strategy related to the potential for changes in the sustainment plan over the life cycle of the covered system required by subsection (b)(3) of such section 3774;
(9)
added
the product support strategy developed by the product support manager under section 4324(b)(1)(A) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act;
(10)
added
requirements related to rights in technical data as described in section 3772 of title 10, United States Code.
(11)
added
requirements related to acquisition or licensing of intellectual property required by section 3791 of title 10, United States Code, as it pertains to the covered system;
(12)
added
the intellectual property management plan for product support required by section 4324(b)(1)(G) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; and
(13)
added
the identification of major maintenance and overhaul requirements that will be required during the life cycle of the covered system required by section 4324(b)(1)(J) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act.
(c)
added
Identification and assessment— After completing the inventory required by subsection (a), the service acquisition executive shall publish an assessment of covered data related to procured covered systems. In conducting this assessment, the service acquisition executive shall, for each requirement identified in subsection (b)—
(1)
added
confirm that the service acquisition executive has, or has access to, the covered data described in the requirement;
(2)
added
describe the physical or electronic storage location of the covered data that is in the possession of the service acquisition executive concerned, or the method of access to the covered data, as applicable; and
(3)
added
describe the category of rights, including customized commercial licenses or specially negotiated licenses, associated with the covered data.
(d)
added
Identification of insufficiency— Based on the review of requirements in subsection (b) and the assessment required by subsection (c), the service acquisition executive shall specifically identify any insufficiency in the possession of, or access to, covered data that negatively affects the ability of a Secretary of a military department to effectively operate the procured covered system and maintain it in a cost-effective manner.
(e)
added
Cost estimate— For each procured covered system, the service acquisition executive shall—
(1)
added
work with any contractor for such procured covered system to—
(A)
added
determine the best approach to remedy an insufficiency identified pursuant to subsection (d) in the most cost-effective manner practicable; and
(B)
added
develop a cost estimate associated such remedy; and
(2)
added
provide to the Secretary of Defense and chiefs of the Armed Forces the cost estimate described in paragraph (1)(B) and a recommended plan of action, including the funding required to provide such remedy.
(f)
added
Quarterly updates to congress— Not later than April 1, 2026, and every 90 days thereafter until the inventory required by subsection (a) is complete, each service acquisition executive shall provide to the congressional defense committees a briefing on—
(1)
added
progress made toward completing the inventory;
(2)
added
a summary of findings from the inventory;
(3)
added
efforts to remedy an insufficiency in covered data, including a summary of actions to fund such remedy;
(4)
added
a description of the method used in negotiating with any relevant contractor to access covered data, including use of customized commercial licenses or specially negotiated licenses, associated with the covered data; and
(5)
added
any lessons learned to plan for and acquire covered data related to procured covered systems.
(g)
added
Advice and assistance— The cadre of intellectual property experts established under section 1707 of title 10, United States Code, shall provide advice, assistance, and resources to a service acquisition executive in conducting an inventory required by this section.
(i)
added
Definitions— In this Act:
(1)
added
The term “service acquisition executive” has the meaning given in section 101 of title 10, United States Code.
(2)
added
The term “covered system” means—
(A)
added
a major defense acquisition program as defined in section 4201 of title 10, United States Code; or
(B)
added
an acquisition program or project that is carried out using the rapid prototyping or rapid fielding acquisition pathway under section 3602 of such title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of such title.
(3)
added
The term “covered data” means technical data and computer software.
(4)
added
The term “depot maintenance support contractor” means a contractor performing a contract under the direction and control of the Secretary of Defense in support of depot-level maintenance and repair (as defined in section 2460 of title 10, United States Code).
(5)
added
The term “procured covered system” means a covered system for which the Secretary of Defense has taken delivery of, has access to, or has negotiated terms to enable guaranteed access or delivery at a future date, for use by employees of the Department of Defense or depot maintenance support contractors.
Sec. 893
Establishing biobased product merit guidance
added
(a)
added
In general— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Secretaries of the military departments, shall develop and make public available guidance for private entities on how such entities can effectively prove that a biobased product of such entity provides capabilities meeting the requirements of the Department of Defense.
(1)
added
In general— The Comptroller General of the United States shall conduct an analysis of the process of the Department of Defense for developing requirements to determine if such processes intentionally or unintentionally exclude biobased products.
(2)
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the findings of the analysis conducted under paragraph (1) and, if Comptroller General determines through such analysis that the processes described in such paragraph exclude biobased products, containing recommendations of the Comptroller General to reduce such exclusion.
(c)
added
Biobased product defined— In this section, the term biobased product means a product manufactured, produced, or developed through the application living organisms to alter living or non-living materials.
Sec. 894
Comptroller General assessment of competitive effects of mergers and acquisitions of defense contractors
added
added
The Comptroller General of the United States shall conduct an assessment and submit to the congressional defense committees a report on the competitive effects of mergers and acquisitions of defense contractors during the ten-year period preceding the date of the enactment of this Act that includes—
(1)
added
the effectiveness of any remedy relating to a merger or acquisition of defense contractors on defense industry competition and defense industrial base sustainability;
(2)
added
the effectiveness of information sharing between the Attorney General, the Federal Trade Commission, and the Secretary of Defense in the merger and acquisition review process;
(3)
added
an analysis of the processes used by the Secretary of Defense for measuring the effect of vertical integration of defense contractors on competition, including data collection and the ability to access information from defense contractors that are parties to the merger or acquisition to assess anticompetitive practices among defense contractors; and
(4)
added
implementation of previous recommendations of the Comptroller General, the Secretary of Defense, or the Defense Science Board to enhance competition among defense contractors.
Sec. 901
Prohibition of diversity, equity, and inclusion programs of the Department of Defense
added
(a)
added
Repeal of reporting requirements on diversity and inclusion— Section 113 of title 10, United States Code, is amended—
(1)
added
in subsection (c)—
(A)
added
by striking paragraph (2); and
(B)
added
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(2)
added
in subsection (g)(1)(B)—
(A)
added
by striking clause (vii); and
(B)
added
by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and
(3)
added
by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively.
(b)
added
Repeal of chief diversity officer— Section 147 of title 10, United States Code, is repealed.
(c)
added
Repeal of program on diversity in military leadership— Section 656 of title 10, United States Code, is repealed.
(d)
added
Prohibited diversity, equity, and inclusion practices—
(1)
added
In general— Except as provided in paragraph (2), the Secretary of Defense may not—
(A)
added
maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office;
(B)
added
maintain or employ a chief diversity officer or a substantially similar officer;
(C)
added
develop, implement, distribute, or publish—
(i)
added
plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility;
(ii)
added
action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys;
(D)
added
develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity;
(E)
added
develop, implement, or maintain an agency equity team or a substantially similar team;
(F)
added
develop, implement, distribute, publish, establish, or purchase—
(i)
added
a training course relating to—
(IV)
added
a critical theory relating to race, gender, or otherwise; or
(V)
added
intersectionality; or
(ii)
added
a training course substantiality similar to a training course described in clause (i);
(G)
added
develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or
(H)
added
maintain or employ a position relating to diversity, equity, inclusion, or accessibility.
(2)
added
Rule of construction— Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating—
(A)
added
Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or
(B)
added
an office enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated within the Department of Defense.
Sec. 902
Modification to authorities of the Under Secretary of Defense for Research and Engineering
added
added
Section 133a(b) of title 10, United States Code, is amended—
(1)
added
in paragraph (2), by striking “and” at the end;
(2)
added
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(3)
added
by adding at the end the following new paragraphs:
added
“(4) having the authority to direct the Secretaries of the military departments and the heads of other elements of the Department with regard to matters for which the Under Secretary has responsibility; and
added
“(5) conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department.”
Sec. 903
Modification to authorities of the Director of Operational Test and Evaluation
added
added
Section 139 of title 10, United States Code, as amended by section 1801 of this Act, is further amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (6), by striking “and” at the end;
(B)
added
in paragraph (7), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new paragraph:
added
“(8) coordinate with operational test and evaluation organizations of the armed forces to review their service-approved test and evaluation master plans.”
(2)
added
in subsection (k), by inserting “, and shall not be subject to any limitation that does not allow for sufficient staffing to fulfill the duties and responsibilities assigned by this section” before the period at the end; and
(3)
added
by adding at the end the following new subsection:
added
“(l)
added
“(1) The Director may enter into contracts with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—
added
“(A) test planning, preparation and monitoring;
added
“(B) data collection;
added
“(C) data analysis;
added
“(D) drafting and reviewing test reports;
added
“(E) providing technical expertise and support to program offices; and
added
“(F) performing such other duties as the Director determines appropriate.
added
“(2) The Secretary of Defense shall ensure that the Director has sufficient funding to enter into the contracts for which authorization is provided under paragraph (1).”
Sec. 904
Additional authorities for the Office of Strategic Capital
added
added
Section 149(e) of title 10, United States Code, is amended—
(1)
added
in paragraph (3)(A)(ii)(VI), by striking “Secretary” and inserting “Director”;
(2)
added
by amending clause (ii) of paragraph (5)(A) to read as follows:
added
“(ii) The Department of Defense Credit Program Account shall be credited with amounts appropriated pursuant to the authorization of appropriations and fees and payments received under paragraph (6).”
(3)
added
by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(4)
added
by inserting after paragraph (5) the following new paragraph:
added
“(6)
added
“(A) The Director may charge and collect fees and collect payments to reimburse costs incurred by the Office in connection with an application for, or as a condition of an eligible entity receiving or restructuring, capital assistance under this subsection. The Director may set the fees at a level that the Director considers appropriate. Fees and payments received under this paragraph shall be credited to the Department of Defense Credit Program Account to remain available until expended for costs and expenditures as provided under clauses (ii) through (iv) of paragraph (5)(B).
added
“(B)
added
“(i) Except as provided in clause (ii), no fees or payments may be received pursuant to the authority provided under subparagraph (A) as of the date specified in paragraph (11).
added
“(ii) With respect to loan and loan guarantees for which an obligation was incurred prior to the expiration date in paragraph (11), the Director may continue to charge and collect fees and cost reimbursements in connection with such loan and loan guarantee assets until fully collected.”
Sec. 905
Further modifications to capital assistance program of the Office of Strategic Capital
added
added
Section 149 of title 10, United States Code, as amended by section 904, is further amended—
(1)
added
in subsection (d), by inserting “or equity investment” after “direct loan”;
(2)
added
in subsection (e)—
(A)
added
in paragraph (3)—
(i)
added
in subparagraph (A)(ii)(I), by amending item (bb) to read as follows:
added
“(bb) The Director may waive the requirement under item (aa) with respect to an investment if—
added
“(AA) the investment is determined by the Secretary of Defense, acting through the Director, to be vital to the national security of the United States; or
added
“(BB) in the case of a convertible debt instrument, the Director believes the total return on investment of such convertible debt instrument will exceed the total return on investment of a loan with an interest rate at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.”
(ii)
added
by adding at the end the following new subparagraph:
added
“(D)
added
“(i) The Director may, as a minority investor, support an eligible investment selected pursuant to subsection (d) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, financial interests (including equity and quasi-equity securities (such as warrants)) of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine.
added
“(ii) The Director may seek to sell and liquidate any support for an eligible investment provided under subparagraph (A)(i) commensurate with other similar investors in the eligible investment and taking into consideration the national security interests of the United States.”
(B)
added
by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively;
(C)
added
by inserting after paragraph (6) the following new paragraph:
added
“(7)
added
“(A) There is established in the Treasury of the United States a Department of Defense Equity Program Account to hold equity instruments obtained under this subsection.
added
“(B) In addition to equity instruments described in subparagraph (A), the Equity Program Account shall consist of amounts appropriated to carry out this subsection.”
(D)
added
by amending paragraph (10), as so redesignated, to read as follows:
added
“(10) The Director shall notify the congressional defense committees not later than 30 days after any capital assistance is provided under this subsection.”
(E)
added
in paragraph (11), as so redesignated, by adding at the end the following new subparagraph:
added
“(C) The authority of the Director to make equity investments under this subsection shall expire on October 1, 2028. Any equity investments made under this subsection that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection.”
(3)
added
in subsection (f), by amending paragraph (1) to read as follows:
added
“(1) The term “capital assistance” means a loan, loan guarantee, convertible debt instrument, equity security, quasi-equity security (such as a warrant), or technical assistance.”
Sec. 911
Membership of Commandant of the Coast Guard on the Joint Chiefs of Staff
added
(a)
added
Membership on the Joint Chiefs of Staff— Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(9) The Commandant of the Coast Guard.”
(b)
added
Appointment of Chairman; grade and rank— Section 152 of such title is amended—
(1)
added
in subsection (b)(1)(B) by striking “or the Chief of Space Operations” and inserting “the Chief of Space Operations, or the Commandant of the Coast Guard”; and
(2)
added
in subsection (c), by striking “Navy” and inserting “Navy or Coast Guard”.
(c)
added
Vice Chairman— Section 154(f) of such title is amended by striking “Navy” and inserting “Navy or Coast Guard”.
(d)
added
Inclusion on the Joint Staff— Section 155(a) of such title is amended—
(1)
added
in paragraph (2)—
(A)
added
in the matter preceding subparagraph (A), by striking “(other than the Coast Guard)”;
(B)
added
in subparagraph (B), by striking “and” at the end;
(C)
added
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(D)
added
by adding at the end the following new subparagraph:
added
“(D) the Coast Guard.”
(2)
added
in paragraph (3), by striking “Secretary of the military department having jurisdiction over that armed force” and inserting “Secretary concerned”.
(e)
added
Duties as member of Joint Staff— Section 302 of title 14, United States Code, is amended—
(1)
added
by striking “The President may” and inserting the following:
added
“(a) The President may”
(2)
added
by adding at the end the following new subsection:
added
“(b)
added
“(1) The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10.
added
“(2) To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant’s duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department.
added
“(3) Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the department in which the Coast Guard is operating fully informed of significant military operations affecting the duties and responsibilities of such Secretary.”
Sec. 912
Joint Counter-Small Unmanned Aircraft Systems Office
added
(a)
added
In general— Subchapter I of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section:
added
“199. Joint Counter-Small Unmanned Aircraft Systems Office
added
“(a) Establishment—There is established in the Department of Defense a joint activity to be known as the “Joint Counter-Small Unmanned Aircraft Systems Office” (referred to in this section as the “Office”).
added
“(b) Director
added
“(1) There is a Director of the Office (referred to in this section as the “Director”) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are—
added
“(A) general or flag officers of the covered armed forces; or
added
“(B) members of the Senior Executive Service.
added
“(2) The Director shall report directly to Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters.
added
“(c) Organization—The Office shall—
added
“(1) be designated as a jointly manned activity; and
added
“(2) shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense.
added
“(d) Responsibilities—The Office shall do the following:
added
“(1) Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as “sUAS”) as weapons of strategic influence.
added
“(2) Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency assistance as necessary.
added
“(3) Identify innovative near-term (executable within a 5 year timeframe) counter-sUAS solutions.
added
“(4) Coordinate with other components of the Department of Defense to carry out ongoing mid-term (covering a 5-10 year timeframe) research and development initiatives and long-term (covering a timeframe exceeding 10 years) science and technology efforts that could help address the counter-sUAS threat.
added
“(5) Coordinate efforts of the Department of Defense to identify, assess, and disrupt adversarial unmanned aircraft system supply chains and financial threat networks that support such supply chains.
added
“(6) Coordinate with the United States Northern Command, or any successor entity serving as the lead synchronizer for homeland counter small unmanned aircraft systems, to develop and deploy counter-sUAS capabilities for homeland defense.
added
“(7) Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force, deploying forces, installation defense within and outside the United States, and other relevant scenarios.
added
“(8) Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities, including—
added
“(A) systems to sense, identify, track, and defeat small unmanned aircraft systems, both kinetically and non-kinetically;
added
“(B) command and control systems; and
added
“(C) such other capabilities the Director determines appropriate.
added
“(9) Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f).
added
“(10) Develop and regularly update a counter-sUAS strategic plan in accordance with subsection (g).
added
“(11) Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate.
added
“(e) Approval and validation of counter-sUAS systems
added
“(1) The Office shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department.
added
“(2) In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Office and has proven to be effective for use by the Department in countering sUAS.
added
“(3) Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system—
added
“(A) has been validated and approved by the Office under paragraph (1); and
added
“(B) is included on the list maintained under paragraph (2).
added
“(4) The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees—
added
“(A) notice of the intent to issue such a waiver; and
added
“(B) an explanation of the reasons for issuing the waiver.
added
“(f) Acquisition oversight division—The Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall—
added
“(1) include acquisition professionals from relevant Program Executive Offices within each covered armed force;
added
“(2) support and facilitate efforts of the covered armed forces—
added
“(A) to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Office under subsection (e); and
added
“(B) to efficiently and effectively transition such capabilities into operational use; and
added
“(3) have such other duties and responsibilities as the Director determines appropriate.
added
“(g) Counter-sUAS strategic plan
added
“(1) The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include—
added
“(A) measures to coordinate the various counter-sUAS efforts of the Department to ensure cohesion among such efforts;
added
“(B) guidance for counter-sUAS related investment and manpower decisions across the Department, including necessary science and technology investments; and
added
“(C) performance measures, goals, and lines of effort required to achieve the strategic objectives of the plan.
added
“(2) Not later than 120 days after the date on which the Office commences operations, the Director shall complete and submit to the congressional defense committees the initial strategic plan developed under paragraph (1).
added
“(3) Not less frequently than once every two years after completion of the initial strategic plan under paragraph (2), the Director shall—
added
“(A) update the plan; and
added
“(B) submit the updated plan to the congressional defense committees.
added
“(4) Following completion of each version of the strategic plan under this subsection, each commander of a geographic combatant command shall develop an implementation plan to guide the combatant command overseen by that commander in achieving the vision, mission, goals, and performance measures of the strategic plan.
added
“(h) Annual reports—On an annual basis, the Director shall submit to the congressional defense committees a report that includes—
added
“(1) a summary of the activities of the Office over the period covered by the report, including a description of—
added
“(A) the progress of the Office in carrying out the requirements of this section; and
added
“(B) the metrics used to measure such progress; and
added
“(2) a summary of the expenditures made by the Office in the period covered by the report for counter-sUAS related research, development, test, and evaluation, procurement, and sustainment activities.
added
“(i) Definitions—In this section:
added
“(1) The term “counter-sUAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system.
added
“(2) The term “covered armed forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
added
“(3) The terms “small unmanned aircraft”, “unmanned aircraft”, and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49.”
(b)
added
Strategy and funding plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1)
added
a strategy to ensure the Joint Counter-Unmanned Aircraft Systems Office has the funding and other resources necessary to execute its responsibilities, as required under section 199 of title 10, United States Code (as added by subsection (a)); and
(2)
added
a plan for funding the Office across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the report).
Sec. 913
Authority to establish regional outreach centers for the Defense Innovation Unit
added
added
Section 4127 of title 10, United States Code, is amended—
(1)
added
by redesignating subsection (f) as subsection (g); and
(2)
added
by inserting after subsection (e) the following new subsection:
added
“(f) Regional outreach centers
added
“(1) In general—The Director may establish and maintain regional offices of the Unit at locations within and outside the United States for purposes of conducting outreach to and streamlining interactions between the Unit and the private sector, academia, and other mission partners.
added
“(2) Selection criteria and other guidance—In the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall—
added
“(A) develop a strategy and criteria for the selection of locations for such offices;
added
“(B) issue any rules, regulations, policies, or guidance necessary for the operation of such offices; and
added
“(C) make the information described in subparagraphs (A) and (B) available on a publicly accessible website of the Department of Defense.”
Sec. 914
Oversight of the United States Africa Command
added
(a)
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and all other information required under subsection (c) with respect to such action.
(b)
added
Actions described— The actions described in this subsection are the following:
(1)
added
Modifying or combining the responsibilities of the Commander of the United States Africa Command, as set forth in chapter 6 of title 10, United States Code, with those of any other commander designated under such authority.
(2)
added
Appointing an officer in a grade below O-10 to serve as the Commander of the United States Africa Command.
(3)
added
Reducing the total number of personnel assigned to the United States Africa Command by a number that is greater than 15 percent of such total number so assigned as of June 1, 2025.
(4)
added
Divesting, consolidating, or otherwise returning to a host country any sites included in the real property inventory of the United States Africa Command as of June 1, 2025.
(c)
added
Certification and other information required— The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
(1)
added
A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with African, European, and other international partners on shared security objectives in Africa and its surrounding waters.
(2)
added
An analysis of the impact of such action on—
(A)
added
the security of the United States;
(B)
added
the threat of transnational terrorism in or emanating from Africa, especially groups with the capability or intent to attack the United States homeland or United States citizens, interests, or allies or partners;
(C)
added
the opportunities available to the People’s Republic of China to pursue their strategic objectives on the African continent and surrounding areas, including their pursuit of additional military ports and bases to threaten the Atlantic Ocean and impact homeland defense;
(D)
added
the military activities of the Russian Federation and Russian-sponsored private military companies on the African continent and in surrounding areas;
(E)
added
the ability of the Armed Forces to execute supporting operations for campaign plans against adversaries deemed a priority in the National Defense Strategy;
(F)
added
the ability of the Armed Forces to execute contingency and other operational plans of the Department of Defense, including in support of operations and crisis response and other operations;
(G)
added
the ability of the United States to maintain access in Africa and its surrounding waters, including to protect the freedom of navigation;
(H)
added
military training and major military exercises, including on interoperability, security cooperation, and joint activities with African allies and partners;
(I)
added
United States deterrence of potential threats from the People’s Republic of China; and
(J)
added
United States deterrence and defense posture in the African theater and the homeland.
(3)
added
A detailed analysis of the costs for relocation of personnel, equipment, and associated infrastructure.
(4)
added
A description of consultations regarding such action with each relevant ally or partner including those on the African continent, in the Middle East, and in Europe.
(5)
added
Independent risk assessments prepared by the Commander of the United States Africa Command, the Chairman of the Joint Chiefs of Staff, and any other combatant commander that may be affected by such action, of—
(A)
added
the impact of such action on the security of the United States and the ability of the Armed Forces to defend the homeland forward;
(B)
added
the impact of such action on the ability of the Armed Forces to execute campaign and contingency plans of the Department of Defense, including in support of operations outside the area of responsibility of the United States Africa Command; and
(C)
added
the impact of such action on military training and major military exercises, including on interoperability and joint activities with regional allies and partners.
(d)
added
Consultation— In preparing the certification and other information required under subsection (c), the Secretary of Defense shall consult with the Commander of the United States Africa Command and the commander of any other geographic combatant command expected to be affected by an action described in subsection (b).
(1)
added
Certification— The certification required by subsection (c)(1) shall be submitted in unclassified form.
(2)
added
Other information— The information described in paragraphs (2) through (5) of subsection (c) may be submitted in classified form.
(3)
added
Special rule for independent risk assessments— Each independent risk assessment required by subsection (c)(5) shall be submitted in unaltered format.
Sec. 915
Limitation on availability of funds for the Army pending submittal of plan on the proposed integration of the Joint Munitions Command and the Army Sustainment Command
added
(a)
added
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to restructure the Joint Munitions Command and the Army Sustainment Command (referred to in this section collectively as the “Commands”) until the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the proposed plan of the Secretary to integrate the Commands.
(b)
added
Elements— The report required by subsection (a) shall include the following:
(1)
added
A detailed comparison of the old organizational structures of the Commands compared with the proposed new integration construct for such organizational structures, including any changes to reporting chains, leadership roles, and workforce.
(2)
added
The planned timeline for implementation of such integration.
(3)
added
Any plans for changing the numbers, duty locations, or responsibilities of personnel under the Commands.
(4)
added
A mission justification for the proposed integration.
(5)
added
An assessment of the short-term and long-term impacts of the proposed integration on the readiness of the Army and the Department of Defense to conduct the missions of the Commands and the plan of the Army for mitigating those impacts.
Sec. 916
Limitation on authority to reduce in rank the billets of the commanding officers of certain military installations of the Air Force
added
(a)
added
Limitation— The Secretary of the Air Force may not reduce the rank of the billet of the commanding officer of a military installation, described in subsection (b), below O-7, until 90 days after such Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (c).
(b)
added
Military installation described— A military installation described in this subsection—
(1)
added
is the home station of more than one wing of the Air Force, regardless of component;
(2)
added
is a training site for pilots of an armed force of an ally or partner country; and
(3)
added
contains a national test and training range.
(c)
added
Report— A report described in this subsection shall include an explanation of how the Secretary decided to make a reduction described in subsection (a), taking into consideration—
(1)
added
cost, workload, and workforce requirements; and
(2)
added
operational effect.
Sec. 917
Determination of lead organization responsible for approval and validation of certain unmanned aircraft systems and components
added
(a)
added
Determination required— The Secretary of Defense shall determine—
(1)
added
whether the Defense Innovation Unit should continue to be the organization within the Department of Defense with primary responsibility for the execution of the Blue UAS Cleared List and the Blue UAS Framework (collectively referred to in this section as the “Blue UAS Initiatives”); or
(2)
added
whether another organization within the Department should assume primary responsibility for executing the Blue UAS Initiatives.
(b)
added
Additional requirements— In making the determination required under subsection (a), the Secretary of Defense shall—
(1)
added
conduct a thorough analysis of the Blue UAS Initiatives as executed by the Defense Innovation Unit at the time of the determination;
(2)
added
assess whether the Unit, as of the time of the determination, has adequate resources and capabilities (including personnel, funding, and authorities) to effectively scale and execute the Initiatives across the Department of Defense; and
(3)
added
identify one or more other organizations within the Department of Defense that could more effectively scale and execute the Initiatives across the Department.
(c)
added
Report— 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—
(1)
added
the Secretary’s final determination under subsection (a);
(A)
added
in the event the Secretary determines that the Defense Innovation Unit should continue to have primary responsibility for the Blue UAS Initiatives as described in subsection (a)(1), a strategy for providing the Unit with any additional resources (including funding, personnel, and authorities) needed for the Unit to effectively execute and scale the Initiatives across the Department of Defense; or
(B)
added
in the event the Secretary determines that another organization within the Department should assume primary responsibility administering and executing the Initiatives as described in subsection (a)(2), a plan with milestones for transferring the Initiatives (including all associated funding, personnel, and authorities) from the Unit to such other organization; and
(3)
added
a strategy for decreasing unit costs for platforms under the Initiatives, including—
(A)
added
benchmarks to assess progress in reducing the cost of secure unmanned aircraft system end products; and
(B)
added
a timeline for meeting such cost reduction goals.
(d)
added
Implementation— Following the submittal of the report required under subsection (c), the Secretary of Defense shall commence implementation of the resourcing strategy described in subsection (c)(2)(A) or the transfer plan described in subsection (c)(2)(B) (as the case may be).
(e)
added
Definitions— In this section:
(1)
added
The term “Blue UAS Cleared List” means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit maintains a list of approved small unmanned aircraft systems that—
(A)
added
are validated as cyber-secure and safe to fly; and
(B)
added
comply with applicable requirements of—
(i)
added
section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4871 note);
(ii)
added
section 817(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4871 note); and
(iii)
added
the American Security Drone Act of 2023 (subtitle B of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 41 U.S.C. note prec. 3901)).
(2)
added
The term “Blue UAS Framework” means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit validates unmanned aircraft system components, subcomponents, modules, and software for use by the Department of Defense.
Sec. 918
Department of Defense advisory subcommittee to review technologies, processes, and investment related to combined joint all-domain command and control
added
(a)
added
Establishment— The Secretary of Defense may establish a subcommittee (referred to in this section as the “Subcommittee”) under the board of advisors established pursuant to section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) to review technologies to achieve combined joint all-domain command and control.
(b)
added
Members— The Subcommittee shall consist of a subset of the members of the board of advisors described in subsection (a).
(c)
added
Areas of review— The Subcommittee may review:
(1)
added
Processes for integrating joint effects chains to support priority operational challenges.
(2)
added
Data architectures, including potential roles for artificial intelligence and machine learning technologies.
(3)
added
Methods for achieving a platform-agnostic joint common operating picture through data accessibility, interoperability, and integration into combatant command workflows, to assist the incorporation of commercial communications technologies.
(4)
added
Networking technologies, including potential roles for artificial intelligence and machine learning.
(5)
added
Enterprise and edge cloud technologies.
(6)
added
Interoperability technologies, including software programs like the System-of-Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (commonly referred to as “STITCHES”).
(7)
added
Interoperability technologies to integrate vehicles out of the Replicator project with relevant battle networks.
(8)
added
Any other matters determined relevant by the Secretary of Defense.
(d)
added
Termination— The Subcommittee shall terminate on December 31, 2029.
Sec. 1001
General transfer authority
added
(a)
added
Authority to transfer authorizations—
(1)
added
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2026 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)
added
Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.
(3)
added
Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b)
added
Limitations— The authority provided by subsection (a) to transfer authorizations—
(1)
added
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2)
added
may not be used to provide authority for an item that has been denied authorization by Congress.
(c)
added
Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d)
added
Notice to Congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Sec. 1002
Responsibilities of Under Secretary of Defense (Comptroller)
added
added
Section 135(c)(3)(B) of title 10, United States Code, is amended by inserting “, and defense business systems that affect the auditability of financial statements” after “accounting”.
Sec. 1003
Additional elements for Department of Defense Financial Improvement and Audit Remediation Plan and report
added
(a)
added
Additional elements for plan— Subsection (a)(2)(A) of section 240b of title 10, United States Code, is amended—
(1)
added
in clause (iv), by striking “and” at the end; and
(2)
added
by adding at the end the following new clauses:
added
“(vi) meeting resource requirements, including personnel, training, and information technology infrastructure; and
added
“(vii) identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and independent third-party validation benchmarks.”
(b)
added
Additional elements for report— Subsection (b)(1)(B) of such section is amended by adding at the end the following new clauses:
added
“(ix) A description of progress made with respect to audit-related system modernization efforts, including rationalization of business systems.
added
“(x) The number and scope of automated processes implemented, including reconciliation, inventory validation, and internal controls.”
Sec. 1004
Consolidation of reporting requirements relating to Department of Defense financial improvement and audit remediation plan
added
(a)
added
Financial improvement and audit remediation plan— Section 240b(b) of title 10, United States Code, as amended by section 1003(b), is further amended—
(1)
added
in paragraph (1)(B), by adding at the end the following new clause:
added
“(ix) A detailed estimate of the funding required for the next fiscal year to procure, obtain, or otherwise implement each process, system, and technology identified to address the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, for purposes of this chapter during such fiscal year.”
(2)
added
in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph (B):
added
“(B) The January 31 briefing under subparagraph (A) shall include a ranking of all of the military departments and Defense Agencies in order of how advanced each is in achieving auditable financial statements, as required by law.”
(3)
added
by redesignating paragraph (3) as paragraph (4);
(4)
added
by inserting after paragraph (2) the following new paragraph (3):
added
“(3) Annual report by bottom quartile—Not later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
added
“(A) A description of the material weaknesses of the military department or Defense Agency.
added
“(B) The underlying causes of such weaknesses.
added
“(C) A plan for remediating such weaknesses.
added
“(D) The total number of open audit notices of findings and recommendations (in this paragraph referred to as “NFRs”) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable.
added
“(E) The number of repeat or reissued NFRs from the most recently concluded fiscal year.
added
“(F) The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open.
added
“(G) The number of closed NFRs during the current fiscal year and prior fiscal years.
added
“(H) The number of material weaknesses that were validated by external auditors as fully resolved or downgraded during the current fiscal year relative to prior fiscal years.
added
“(I) A breakdown, by fiscal year, of which open NFRs are forecasted to be closed.
added
“(J) Explanations for any unfavorable trends in the information included under paragraphs (1) through (9).”
(5)
added
in paragraph (4), as redesignated by paragraph (3) of this subsection, by striking “the critical capabilities described in the Department of Defense report titled “Financial Improvement and Audit Readiness (FIAR) Plan Status Report” and dated May 2016” and inserting “the financial statement audit priorities designated by the Secretary of Defense for the fiscal year in which the report is submitted”.
(b)
added
Annual reports on funding for corrective action plans— Section 1009 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking subsection (c).
(c)
added
Annual report on auditable financial statements— Title 10, United States Code, is amended by striking section 240h.
Sec. 1005
Concurrent reporting date for annual update to Defense Business Systems Audit Remediation Plan and Department of Defense annual financial statements
added
added
Section 240g(b) of title 10, United States Code, is amended to read as follows:
added
“(b) Annual report—On the same date as the date of the submission of the audited financial statements of the Department of Defense required pursuant to section 240a of this title each year, the Secretary of Defense shall submit to the congressional defense committees an updated annual report on the Defense Business Systems Audit Remediation Plan under subsection (a).”
Sec. 1006
Limitation on availability of funds for travel expenses of Office of Secretary of Defense until completion of certain audit requirements
added
(a)
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the earlier of the following:
(1)
added
The first date on which at least eleven covered reporting entities have received an unmodified audit opinion with respect to the financial statements of that entity undergoing audit for the preceding fiscal year.
(2)
added
The date on which a Department of Defense-wide material weakness identified in the annual report on the implementation of the Financial Improvement and Audit Remediation Plan required under section 240b of title 10, United States Code, for fiscal year 2024, is closed or otherwise resolved in a manner other than through consolidation.
(b)
added
Covered reporting entity defined— In this section, the term covered reporting entity has the meaning given the term government-wide reporting entity in the document of the Federal Accounting Standards Advisory Board titled “Statement of Federal Financial Accounting Standards 47: Reporting Entity” and issued December 30, 2014, or such successor document.
Sec. 1007
Reporting requirements for amounts made available pursuant to title II of Public Law 119–21
added
(a)
added
Annual reports— At the time of the submittal to Congress of the budget of the President for each of fiscal years 2027 through 2029 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate the following with respect to amounts made available by title II of Public Law 119–21:
(1)
added
Proposed allocations by account and by program, project, or activity, with detailed justifications.
(2)
added
P–1 and R–1 budget justification documents, which shall identify the allocation of funds by program, project, and activity.
(3)
added
Budget justification documents, to be known as M–1 and O–1, which shall identify the allocation of funds by budget activity, activity group, and sub-activity group.
(b)
added
Quarterly reports— The Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded using amounts described in subsection (a), including all uncommitted, committed, and unobligated funds.
Sec. 1011
Inclusion of certain design information in annual naval vessel construction plans
added
added
Section 231(b) of title 10, United States Code, is amended—
(1)
added
by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and
(2)
added
by inserting after subparagraph (G) the following new subparagraph:
added
“(H) If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)—
added
“(i) an identification of each such foreign firm; and
added
“(ii) a description of the benefit to the United States Government of including in such force the naval vessels so designed.”
Sec. 1012
Limitation on use of funds in the National Defense Sealift Fund to purchase certain used foreign constructed vessels
added
(a)
added
In general— Section 2218 of title 10, United States Code, is amended—
(1)
added
in subsection (f)—
(A)
added
in paragraph (3)—
(i)
added
in subparagraph (A), by inserting “(other than an excluded vessel)” after “any used vessel”;
(ii)
added
in subparagraph (B), by inserting “(other than an excluded vessel)” after “a used vessel”;
(iii)
added
by striking subparagraph (C) and inserting the following new subparagraph (C):
added
“(C) The Secretary may only use the authority under this paragraph to purchase more than 10 foreign-constructed vessels if, for each such vessel so purchased after the tenth vessel, the Secretary purchases two vessels under paragraph (4).”
(iv)
added
in subsection (D), by striking “subparagraph (A)” and inserting “this paragraph”;
(v)
added
by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
(B)
added
by adding at the end the following new paragraph (4):
added
“(4) A vessel purchased under this paragraph is a vessel—
added
“(A) purchased using funds in the National Defense Sealift Fund
added
“(B) constructed in a ship yard located in the United States; and
added
“(C) the construction of which is managed by a commercial vessel construction manager.”
(2)
added
in subsection (k), by adding at the end the following new paragraph:
added
“(6) The term excluded vessel means a vessel that was—
added
“(A) constructed or substantially modified by an entity located in the People’s Republic of China; or
added
“(B) constructed by a Chinese military company, as such term is defined in section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).”
(b)
added
Technical corrections— Section 2218 of title 10, United States Code, as amended by subsection (a), is further amended—
(1)
added
in subsection (c)(1)(D), by striking “section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)” and inserting “section 57100 of title 46”;
(2)
added
in subsection (f)(2), by striking “section 1424(b) of Public Law 101–510 (104 Stat. 1683)” and inserting “section 1424(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 8661 note)” ;
(3)
added
in subsection (k)—
(A)
added
in paragraph (2)(A), by striking “section 1424 of Public Law 101–510 (104 Stat. 1683)” and inserting “section 1424 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 8661 note)” ; and
(B)
added
in paragraph (3)(B), by striking “section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)” and inserting “section 57100 of title 46”.
Sec. 1013
Requirements for amphibious warfare ship force structure
added
added
Section 8062 of title 10, United States Code, is amended—
(1)
added
in subsection (e)—
(A)
added
in paragraph (2), by striking “and” at the end;
(B)
added
in paragraph (3), by striking the period and inserting “; and”; and
(C)
added
by adding at the end the following new paragraph:
added
“(4) the Navy adjusts scheduled maintenance and repair actions to maintain the minimum number of available amphibious warfare ships to meet operational requirements.”
(2)
added
by amending subsection (h) to read as follows:
added
“(h) Definitions—In this section:
added
“(1) The term amphibious warfare ship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD).
added
“(2) The term available, with respect to an amphibious warfare ship, means that the ship—
added
“(A) does not have a temporary critical limiting restriction preventing the conduct of training and operations;
added
“(B) is not in a maintenance phase;
added
“(C) is not conducting post-delivery test and trials; and
added
“(D) is not preparing to decommission.”
Sec. 1014
Definition of short-term work for purposes of Navy construction of combatant and escort vessels and assignment of vessel projects
added
added
Section 8669a(c)(4) of title 10, United States Code, is amended by striking “12 months” and inserting “18 months”.
Sec. 1015
Navy Senior Technical Authority
added
added
Section 8669b of title 10, United States Code, is amended—
(1)
added
in subsection (a)(2), by amending subparagraph (B) to read as follows:
added
“(B) reports directly to the program executive officer.”
(2)
added
in subsection (b)—
(A)
added
by inserting “(1)” before “Each Senior”; and
(B)
added
by adding at the end the following new paragraph:
added
“(2) Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved.”
Sec. 1016
Alternative contracting authority for United States Naval Ships
added
added
Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:
added
“8698. Alternative contracting authority for United States Naval Ships
added
“(a) Authority—The Secretary of the Navy may enter into an agreement with an appropriate vessel construction manager, other than the Department of the Navy, under which the vessel construction manager shall enter into a contract for the construction of a vessel to be designated as a United States Naval Ship and operated by civilian or commercial mariners.
added
“(b) Design standards and construction practices—To the maximum extent practicable, the Secretary of the Navy shall ensure that a vessel constructed pursuant to this section is constructed using commercial design standards and commercial construction practices.”
Sec. 1017
Inclusion of Navy amphibious ship maintenance as a separate line item in operation and maintenance budget
added
(a)
added
In general— The budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027 and each subsequent fiscal year, shall display Navy amphibious ship maintenance as one or more separate line items under each subactivity within operation and maintenance, Navy.
(b)
added
Allocation of fiscal year 2026 funds— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Navy for ship maintenance, the Secretary of the Navy shall ensure that such funds are allocated to provide, on a per capita basis, an equal or greater amount of funding for each amphibious warfare ship that enters into maintenance availability during fiscal year 2026 relative to the amount of funding provided for each surface combatant ship.
(c)
added
Definitions— In this section:
(1)
added
The term amphibious warfare ship—
(A)
added
means a ship designed with organic capability to engage in all the doctrinal types of amphibious operations across multiple domains and having characteristics that enable long duration, inter-theater, distributed maritime operations; and
(i)
added
amphibious assault ship;
(ii)
added
amphibious assault ship (multi-purpose);
(iii)
added
amphibious transport dock ; and
(iv)
added
dock landing ship.
(2)
added
The term surface combatant ship—
(A)
added
means a surface ship that is designed primarily to engage in attacks against airborne, surface, subsurface, and shore targets; and
(i)
added
guided missile cruiser;
(ii)
added
guided missile destroyer;
(iii)
added
guided missile frigate; and
(iv)
added
littoral combat ship.
Sec. 1018
Metrics for basic and functional design for ship construction
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall select a metric to measure the progression of basic and functional design with respect to the construction of ships.
(b)
added
Report— Not later than 45 days after the selection of a metric under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report on such metric that includes the justification for the selection of the metric.
(c)
added
Basic and functional design— In this section, the term basic and functional design has the meaning given such term in section 8669c(1) of title 10, United States Code.
Sec. 1019
Authority for single award indefinite delivery indefinite quantity contract for destroyer maintenance
added
added
The Secretary of the Navy shall seek to enter into a multi-year, single award indefinite delivery indefinite quantity contract to provide for the maintenance of the DDG–1000 class of destroyers.
Sec. 1020
Evaluation of sites for shipbuilding and ship repair
added
(a)
added
Evaluation of sites—
(1)
added
Responsibility— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall delegate to the Direct Reporting Program Manager of the Maritime Industrial Base Program primary responsibility for defining the requirements for evaluating sites to meet the capacity and needs of the Navy for shipbuilding and repair.
(2)
added
Evaluation requirements— Not later than 180 days after the date on which the Secretary delegates to the Program Manager under paragraph (1), the Program Manager shall establish evaluation requirements to be applied to sites being considered as sites for private or public shipyards and other defense-production capabilities. In establishing such requirements, the Program Manager shall consider—
(A)
added
the objective of accelerating United States shipbuilding efforts in both naval and civilian fleets;
(B)
added
how establishing or augmenting a site at an evaluated site could help meet Navy shipbuilding and ship repair requirements;
(C)
added
whether a single site, smaller and more dispersed sites, or both would be optimal for augmenting shipbuilding and ship repair;
(D)
added
whether the best approach to meeting the timeline and capacity requirements for shipbuilding and ship repair would be constructing new sites, using existing infrastructure, or both; and
(E)
added
whether a site meets the criteria under subsection (b).
(b)
added
Criteria— The criteria under this subsection with respect to a site are that the site—
(1)
added
has the amount of space necessary to meet Navy requirements;
(2)
added
has adequate transportation infrastructure, such as road and rail access, or that such infrastructure can reasonably be provided at the site;
(3)
added
has a readily available technical and manual skilled workforce for naval and commercial ship building, ship repair, and advanced manufacturing activities;
(4)
added
is geographically close to local institutions that can facilitate workforce development, including higher education and technical training and apprenticeships;
(5)
added
has private partners that are interested and able to undertake the development of a shipyard at the site;
(6)
added
possesses deep water construction and draft capabilities, as required by the Navy, to construct or repair vessels identified in Navy shipbuilding and ship repair requirements;
(7)
added
is in close proximity to existing Department facilities and personnel; and
(8)
added
such other criteria as the Program Manager determines appropriate.
(c)
added
Report— Not later than one year after the date on which the Program Manager establishes the evaluation requirements under subsection (b), the Program Manager shall submit to the congressional defense committees a report that includes—
(1)
added
a list of sites that meet the evaluation requirements; or
(2)
added
a certification that no site exists that meets such requirements.
Sec. 1021
Limitation on use of funds to retire or decommission Navy oceanographic research vessels
added
added
The Secretary of the Navy may not retire or decommission an oceanographic research vessel, or otherwise reduce the number of such vessels maintained by the Navy to fewer than six, before the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a plan to provide for the maintenance and recapitalization of the oceanographic research fleet.
Sec. 1022
Sense of Congress regarding naming of vessel for Battle of Dai Do
added
added
It is the sense of Congress that the Secretary of the Navy should name an amphibious or expeditionary class vessel for the Battle of Dai Do.
Sec. 1031
Revisions to Department of Defense authority for joint task forces to support law enforcement agencies or Federal agencies conducting counterterrorism and counter transnational organized crime activities
added
(a)
added
Codification in title 10— Chapter 15 of title 10, United States Code, is amended by adding at the end a new section consisting of—
(1)
added
a heading as follows:
added
“285. Authority for joint task forces to support law enforcement agencies or other Federal agencies conducting counter-terrorism and counter transnational organized crime activities”
(2)
added
a text consisting of the text of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note).
(b)
added
Revisions— Section 285 of title 10, United States Code, as added by subsection (a), is amended as follows:
(1)
added
Subsection (a) is amended by inserting “or to another department or agency of the Federal Government” after “law enforcement agencies” each place it appears.
(2)
added
Subsection (b) is amended by striking “During fiscal years 2006 through 2024, funds” and inserting “Funds”.
(3)
added
Such section is further amended—
(A)
added
in subsection (d)(2), by striking “this subparagraph” and inserting “this paragraph”; and
(B)
added
in subsection (e)(1), by striking “title 10, United States Code” and inserting “this title”.
(c)
added
Repeal of codified provision— Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is repealed.
Sec. 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
added
added
Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1953) is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 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
added
added
Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954) is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 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
added
added
Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954) is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 1035
Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba
added
added
Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551) is amended by striking “fiscal years 2018 through 2025” and inserting “fiscal years 2018 through 2026”.
Sec. 1041
Modification of authority to provide assistance in support of Department of Defense accounting for missing United States Government personnel
added
added
Section 408 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by inserting “and procure goods and services from” after “assistance to”; and
(2)
added
in subsection (d)(1), by striking “$5,000,000” and inserting “$15,000,000”.
Sec. 1042
Expedited access to certain military installations of the Department of Defense for Members of Congress and certain Congressional employees
added
added
Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2698. Expedited access to military installations for Members of Congress and certain Congressional employees
added
“(a) In general—Except as provided in subsection (b), the Secretary shall establish procedures to ensure that—
added
“(1) a Member of Congress seeking access to a covered installation is granted such access if such Member presents a covered identification card; and
added
“(2) any Congressional employees accompanying a Member of Congress granted access under paragraph (1) are granted the same access.
added
“(b) Prohibited procedures—Under such procedures, the Secretary may not require a Member of Congress to schedule a grant of access to a covered installation under subsection (a) prior to the arrival of such Member and accompanying Congressional employees, if applicable, at such covered installation.
added
“(c) Definitions—In this section:
added
“(1) The term Congressional employee has the meaning given such term in paragraph (5) of section 2107 of title 5.
added
“(2) The term covered identification card means a valid identification badge issued by the appropriate office of the House of Representatives or the Senate, as the case may be, which identifies the individual to which such identification badge was issued as a current Member of Congress.
added
“(3) The term covered installation means a military installation located in the United States or Guam at which the presentation of an issued Department of Defense common access card is the sole requirement for a member of the Armed Forces to be granted access to such military installation.
added
“(4) The term Member of Congress means—
added
“(A) a Senator; or
added
“(B) a Representative in, or Delegate or Resident Commissioner to, Congress.”
Sec. 1043
Authority of Secretary of Defense to enter into contracts to provide certain assistance to secure the southern land border of the United States
added
added
Section 1059(a) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 284 note; Public Law 114–92) is amended—
(1)
added
in paragraph (1)(A), by striking “United States Customs and Border Protection” and inserting “U.S. Customs and Border Protection”;
(2)
added
by redesignating paragraph (2) as paragraph (3); and
(3)
added
by inserting after paragraph (1) the following new paragraph:
added
“(2) Contract authority—In providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services:
added
“(A) Detection and monitoring.
added
“(B) Warehousing and logistical supply chain.
added
“(C) Transportation.
added
“(C) Vehicle maintenance.
added
“(D) Training other than lead or primary instructor.
added
“(E) Intelligence analysis.
added
“(F) Linguist.
added
“(G) Data entry.
added
“(H) Aviation.”
Sec. 1044
Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program
added
added
None of the funds authorized to be appropriated or otherwise made available by this Act may be used to relocate or otherwise remove the Maritime Industrial Base Program from under the jurisdiction of the Assistant Secretary of the Navy for Research, Development, and Acquisition.
Sec. 1045
Limitation on retirement of Gray Eagle unmanned aircraft systems
added
(a)
added
Prohibition— Except as provided in subsection (b), the Secretary of the Army may not retire, divest, or otherwise take any action that would—
(1)
added
reduce the number, configuration, or capability of any MQ–1C Gray Eagle Extended Range unmanned aircraft system that is in the Army inventory as of the date of the enactment of this Act; or
(2)
added
prevent the Army from maintaining such systems in the current or improved configurations and capabilities of such systems.
(b)
added
Exception— The prohibition under subsection (a) shall not apply if the Chairman of the Joint Requirements Oversight Council submits to the appropriate congressional committees a written certification that—
(1)
added
a capability of equal or greater effectiveness will be fielded and operational prior to, or concurrently with, the retirement of any MQ–1C Gray Eagle unmanned aircraft system; and
(2)
added
such retirement will not result in a reduction in the overall capacity available to the commanders of the combatant commands.
(c)
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
added
the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code); and
(2)
added
the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
Sec. 1046
Oversight of the United States Southern Command
added
(a)
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and analysis required under subsection (c) with respect to such action.
(b)
added
Actions described— The actions described in this subsection are the following:
(1)
added
Modifying or combining the responsibilities of the Commander of the United States Southern Command, as set forth in chapter 6 of title 10, United States Code, with those of any other commander designated under such authority.
(2)
added
Appointing an officer in a grade below O–10 to serve as the Commander of the United States Southern Command.
(c)
added
Certification and analysis required— The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary:
(1)
added
A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with Central American, South American, and other international partners on shared security objectives in the Western Hemisphere and its surrounding waters.
(2)
added
An analysis of the effect of such action on the security of the United States.
(d)
added
Consultation— In preparing the certification and analysis required under subsection (c) with respect to an action described in subsection (b), the Secretary of Defense shall consult with the Commander of the United States Southern Command and the commander of any other geographic combatant command expected to be affected by the action.
(1)
added
Certification— The certification required by subsection (c)(1) shall be submitted in unclassified form.
(2)
added
Analysis— The analysis described in subsection (c)(2) may be submitted in classified form.
Sec. 1047
Authority to transfer T–37 aircraft to Arizona Aviation Historical Group
added
(a)
added
Transfer of authority T–37— The Secretary of the Air Force may convey, without consideration, to the Arizona Aviation Historical Group, Phoenix, Arizona (in this section referred to as the “foundation”), all right, title, and interest of the United States in and to five retired T–37B Trainer Aircraft. A conveyance under this section shall be made by means of a conditional deed of gift.
(b)
added
Conditions of transfer— A conveyance authorized under subsection (a) shall be subject to the following conditions:
(1)
added
Prior to conveyance, all military specific or unique equipment, as determined by the Secretary, on the aircraft shall be removed.
(2)
added
The Secretary is not required to—
(A)
added
repair or alter the condition of the aircraft before conveying ownership; or
(B)
added
guarantee or ensure the airworthiness of any conveyed aircraft.
(3)
added
The Secretary shall determine which aircraft to convey.
(c)
added
Condition of property— Any aircraft conveyed under this section shall be conveyed in “as is” condition. The Secretary shall make no representation or warranty concerning the condition, fitness for any particular purpose, or compliance with any laws or regulations of such aircraft.
(d)
added
Reverter upon breach of conditions— The Secretary shall include in an instrument of conveyance for an aircraft conveyed under this section—
(1)
added
a condition that the foundation does not convey any ownership interest in, or transfer possession of, the aircraft to another party without the prior approval of the Secretary;
(2)
added
a condition that the foundation operate and maintain the aircraft in compliance with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration; and
(3)
added
a condition that if the Secretary determines at any time that the foundation has violated a condition under paragraph (1) or (2), all right, title, and interest in and to the aircraft, including any repair or alteration of the aircraft, shall revert to the United States, and the United States shall have the right of immediate possession of the aircraft.
(e)
added
Conveyance at no cost to the United States— Any conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such a conveyance, including the costs of inspection or removal of equipment prior to conveyance, the cost of determining compliance with the requirements of this section and any instrument of conveyance made pursuant to this section, and the costs of the operation, sustainment, transportation, ground support equipment, and disposal of any aircraft conveyed under this section shall be borne by the foundation.
(f)
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with a conveyance made under this section as the Secretary considers appropriate to protect the interests of the United States.
(g)
added
Clarification of liability— Notwithstanding any other provision of law, upon the conveyance of ownership of the T–37B Trainers to the foundation under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft by any person other than the United States.
Sec. 1048
Authorization of Eastern Regional Range Complex for multi-domain operations and robotic autonomous systems training, testing, and experimentation
added
(a)
added
Authorization— The Secretary of Defense, acting through the Secretaries of the military departments, may designate and develop an Eastern Regional Range Complex to serve as a joint training, testing, and experimentation hub for multi-domain operations and robotic autonomous systems, including unmanned aircraft systems and counter-unmanned aircraft systems capabilities, to address growing threats from potential adversaries.
(b)
added
Location— The Eastern Regional Range Complex shall encompass the territories of the States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Delaware, Maryland, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Kentucky, Tennessee, Arkansas, Mississippi, Indiana, and Alabama.
(c)
added
Activities— The Eastern Regional Range Complex shall be used—
(1)
added
to conduct joint, multi-domain, non-kinetic electromagnetic warfare, cyber and information operations training within live, virtual, and constructive environments, leveraging common networks with access to available spectrum;
(2)
added
support integrated multi-domain operations training involving air, land, sea, cyber, and space components;
(3)
added
conduct joint service and interagency robotic autonomous system training, experimentation and testing, including the development of tactics, techniques and procedures for unmanned aircraft systems and counter-unmanned aircraft systems;
(4)
added
evaluate emerging technologies and prototypes and tactics, techniques and procedures for the operation, detection, defeat, and attribution of robotic autonomous systems in contested cyber and electromagnetic spectrum environments; and
(5)
added
facilitate the integration of mature prototype experimentation and live-fire exercises for rapid fielding of capabilities aligned with the Joint Warfighting Concept.
(d)
added
Coordination and integration— The Secretary of Defense shall ensure that activities conducted at the Eastern Regional Range Complex are coordinated with—
(1)
added
the Joint Counter-small Unmanned Aircraft Systems Office.
(2)
added
the Joint Staff (J–7);
(3)
added
the Office of the Under Secretary of Defense for Research and Engineering; and
(4)
added
other entities with functions or missions relevant to the activities carried out at the Complex, which may include—
(A)
added
relevant combatant commands and service components:
(B)
added
allies and partners of the United States participating in multi-domain operations;
(C)
added
the Defense Innovation Unit;
(D)
added
State National Guard commands;
(E)
added
the Office of Naval Research; and
(F)
added
such other key stakeholders as the Secretary determines appropriate.
(e)
added
Infrastructure and other resources— The Secretary of Defense may—
(1)
added
carry out military construction, infrastructure improvements, and technology installation, as necessary, to facilitate the activities described in subsection (b), including through the provision of range instrumentation, telemetry, cyber range integration, and electromagnetic spectrum operations support; and
(2)
added
consult with the Federal Communications Commission and the National Telecommunications and Information Administration to recommend spectrum access requirements in support of joint and service training, testing, and experimentation within the Eastern Regional Range Complex and the Western Regional Range Complex, including access to appropriate live environments capable of supporting electromagnetic attack training, experimentation, and testing.
Sec. 1049
Prohibition on availability of funds for institutions of higher education that allow antisemitic demonstrations
added
(a)
added
In general— None of the funds authorized to be appropriated or otherwise made available for fiscal year 2026 for the Department of Defense may be provided to an institution of higher education if—
(1)
added
an antisemitic demonstration has occurred on the campus of the institution; and
(2)
added
the administration of the institution has failed to take action to mitigate and prevent further antisemitic demonstrations.
(b)
added
Definitions— In this section:
(1)
added
The term antisemitic demonstration means any public display of antisemitism.
(2)
added
The term antisemitism means a certain perception of Jews, which may be expressed as hatred toward Jews, including rhetorical and physical manifestations directed toward individuals or their property, community institutions, or religious facilities.
Sec. 1050
Limitation on use of funds pending certification of compliance with certain congressional notice requirements
added
(a)
added
Limitation— Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy for travel, not more than 90 percent may be obligated or expended until the Secretary of Defense certifies to the congressional defense committees that the Department of Defense is compliant with the requirements of section 1067 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 113 note).
(b)
added
Elements of certification— A certification under subsection (a) shall include each of the following:
(1)
added
a written statement that a copy of each execute order required to be submitted to the congressional defense committees under such section has been transmitted to the congressional defense committees; and
(2)
added
a description of the mechanism established to facilitate the provision to the congressional defense committees of all future briefings required under such section, and the compliance with the disclosure and notice requirements under such section, within the time frames required by such section.
Sec. 1051
Prohibition on the use of funds from carrying out a hiring freeze, reduction in force, or hiring delay without cause at a public shipyard
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to—
(1)
added
carry out a hiring freeze at a public shipyard;
(2)
added
carry out a reduction in force at a public shipyard; or
(3)
added
delay without cause the filling of a vacant Federal civilian employee position at a public shipyard.
Sec. 1052
Limitation on use of funds for deactivation of Expeditionary Combat Aviation Brigades
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to retire, deactivate, schedule to deactivate, or proceed with any action that would reduce the capabilities, resources, aircraft, or personnel available, as of the date of the enactment of this Act, for the Expeditionary Combat Aviation Brigades before the earlier of the following dates:
(1)
added
The date that is 90 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan to offset any loss of mission associated with air mobility,aeromedical evacuation, reconnaissance, and logistical support provided, as of the date of the enactment of this Act, by the Expeditionary Combat Aviation Brigades that includes reassignment options for potentially displaced soldiers at such brigades.
(2)
added
The date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan for the recapitalization of the aircraft used by the Expeditionary Combat Aviation Brigades that is specific with respect to each unit and geographical location of such brigades.
Sec. 1061
Mobility capability requirements study
added
added
Section 1068 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
(1)
added
in subsection (a), by striking “one year after the date of the enactment of this Act” and inserting “December 23, 2025”; and
(2)
added
in subsection (c)—
(A)
added
in paragraph (1)—
(i)
added
in the paragraph headling, by striking “briefing” and inserting “briefings”; and
(ii)
added
by inserting “and not later than six months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026” after “this Act”; and
(B)
added
in paragraph (2), by striking “one year after the date of the enactment of this Act” and inserting “December 23, 2025”.
Sec. 1062
Extension of briefing requirement regarding civil authorities at the Southwest border
added
added
Section 1070 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2791), as amended by section 1063 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking “through December 31, 2025” and inserting “through December 31, 2026”.
Sec. 1063
Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the department following separation from military service or employment with the Department
added
added
Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. note prec. 971) is amended—
(1)
added
in subsection (a)(1), by striking “two-year” and inserting “five-year”; and
(2)
added
in subsection (b)(1), by striking “one-year” and inserting “three-year”.
Sec. 1064
Annual report on requests of combatant commands for remote sensing data
added
(a)
added
Annual report— Not later than February 1, 2026, and annually thereafter for a five-year period, the Chairman of the Joint Chiefs of Staff, in consultation with the commanders of the combatant commands, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the requests of the combatant commands for data and information derived from remote sensing.
(b)
added
Matters— Each report under subsection (a) shall include, with respect to the two-year period preceding the date of the submission of that report and for each combatant command, the following information:
(1)
added
An identification of the number of requests of that combatant command for data or information derived from remote sensing made to personnel of the National Geospatial-Intelligence Agency during such period, if any, including the number of any such requests denied, accepted but not completely fulfilled, and completely fulfilled, respectively.
(2)
added
With respect to any such requests, an assessment of whether the time to provide the data or information requested was sufficient for the tactical purpose for which the data or information was requested.
(3)
added
An identification of the number of any such requests not completely fulfilled and the reason, if any, given by personnel of the National Geospatial-Intelligence Agency for such lack of fulfillment.
Sec. 1065
Notification of waivers under Department of Defense Directive 3000.09
added
(a)
added
Notification required— Not later than 30 days after issuing any waiver under Department of Defense Directive 3000.09 (relating to autonomy in weapon systems), or any successor directive, the Secretary of Defense shall submit to the congressional defense committees written notification of such waiver.
(b)
added
Elements— Each notification submitted under subsection (a) shall include the following:
(1)
added
The rationale for the waiver.
(2)
added
A description of the autonomous weapon system or technology covered by the waiver.
(3)
added
The anticipated duration of the waiver.
(c)
added
Form— The notification required under subsection (a) shall be submitted in unclassified form but may include a classified annex as necessary.
Sec. 1066
Annual report on Guam civilian-military projects
added
added
Not later than December 31 each year, the Commander of Joint Region Marianas, in consultation with the governor of Guam, shall submit to Congress a report on specific projects in Guam that support military readiness and public interests in Guam. Such report may include projects carried out—
(1)
added
pursuant to section 2391(d), section 2802, section 2805, or section 2815 of title 10, United States Code, or other authorities determined by the Commander; or
(2)
added
using amounts authorized to be appropriated for operation and maintenance, for Joint Region Marianas Operations and Maintenance funds or authorities under which the Department of Defense transfers funds to other Federal agencies.
Sec. 1071
Air Force Technical Training Center of Excellence
added
added
Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section:
added
“9026. Air Force Technical Training Center of Excellence
added
“(a) Establishment—The Secretary of the Air Force shall operate a Technical Training Center of Excellence. The head of the Center shall be the designee of the Commander of the Airman Development Command.
added
“(b) Purposes—The purposes of the Center shall be to—
added
“(1) facilitate collaboration among all Air Force technical training installations;
added
“(2) serve as a premier training location for all maintainers throughout the military departments;
added
“(3) publish a set of responsibilities aimed at driving excellence, innovation, and leadership across all technical training specialties;
added
“(4) advocate for innovative improvements in curriculum, facilities, and media;
added
“(5) foster outreach with industry and academia;
added
“(6) identify and promulgate best practices, standards, and benchmarks;
added
“(7) create a hub of excellence for the latest advancements in aviation technology and training methodologies; and
added
“(8) carry out such other responsibilities as the Secretary determines appropriate.
added
“(c) Location—The Secretary shall select a location for the Center that is an Air Force installation that provides technical training and maintenance proficiency.”
Sec. 1072
National Commission on the Future of the Navy study of maritime industrial base
added
added
Section 1092(a)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2807) is amended by adding at the end the following new subparagraph:
added
“(C) Study on maritime industrial base—The Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include—
added
“(i) an evaluation of the strength and capacity of United States shipyards, repair facilities, and supporting infrastructure, including the ability of such shipyards, facilities, and infrastructure to meet current and future Navy and sealift demands;
added
“(ii) an assessment of the skilled workforce for shipbuilding and maritime operations, including with respect to training and the sustainability of the labor force;
added
“(iii) an examination of the effects of domestic tax, regulatory, and permitting policies on maritime industry investment and innovation;
added
“(iv) an analysis of the effect of foreign subsidies and competition from State-owned shipbuilding enterprises on the competitiveness of the United States; and
added
“(v) recommendations for legislative or administrative actions to—
added
“(I) strengthen the United States maritime industrial base;
added
“(II) modernize and expand the capacity of shipyards;
added
“(III) foster a reliable and skilled maritime labor force; and
added
“(IV) ensure sufficient shipbuilding capacity to support great power competition and United States sealift requirements.”
Sec. 1073
Extension of the National Commission on the Future of the Navy
added
added
Section 1092(a)(4) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2809), as amended by section 1083 of the Service Member Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking “January 15, 2026” and inserting “January 15, 2027”.
Sec. 1074
Reauthorization of the Servicewomen’s Commemorative Partnership
added
added
Section 362(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 7771 note prec.) is amended—
(1)
added
by striking “fiscal year 2021” and inserting “fiscal year 2026”; and
(2)
added
by striking “$3,000,000” and inserting “$1,000,000”.
Sec. 1075
Federal agency support for Afghanistan War Commission
added
added
Section 1094(f)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by adding at the end the following new subparagraph:
added
“(D) Services
added
“(i) Department of Defense—The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section.
added
“(ii) Other agencies—In addition to any support provided under clause (i), the head of any other Federal department or agency may provide to the Commission such services, funds, facilities, staff, and other support as the head of such department or agency determines advisable and as may be authorized by law.”
Sec. 1076
Provision of contract authority to Afghanistan War Commission
added
added
Subsection (f) of the Afghanistan War Commission Act of 2021 (section 1094(f) of Public Law 117–81; 135 Stat. 1941) is amended by adding at the end the following new paragraph:
added
“(6) Contract authority—To such extent and in such amounts as are provided in appropriation Acts, the Co-Chairpersons of the Commission may enter into contracts to enable the Commission to discharge its duties under this section.”
Sec. 1077
Framework for technology transfer and foreign disclosure policies
added
(a)
added
Framework development— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall produce a framework to revise and update the technology transfer policies of the military departments and the National Disclosure Policy.
(b)
added
Framework elements— The framework produced pursuant to subsection (a) shall include the following:
(1)
added
A comprehensive assessment of policies regarding the transfer of emerging and advanced defense items, including artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, machine learning, cybersecurity, quantum technologies, hypersonics, autonomous systems, and such other technologies as the Secretary determines appropriate, to enable the transfer of such defense items to allies and partners of the United States.
(2)
added
Guidelines for balancing national security considerations with the need to share information and technology with allies and partners of the United States to enhance interoperability and burden sharing.
(3)
added
A process to gather, consider, and, as appropriate, incorporate input from industry stakeholders, in accordance with subsection (d), to inform revisions to the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States.
(4)
added
Recommendations for updating the technology transfer policies of the military departments and the National Disclosure Policy to accommodate the use of emerging and advanced defense items in multi-domain operations, joint military exercises, and allied operational requirements.
(5)
added
Mechanisms to enable the military departments to streamline the approval process for technology transfers.
(6)
added
Mechanisms to enhance transparency to ensure the technology transfer policies of each of the military departments are comparable with respect to capability and country release tiers for emerging and advanced defense items.
(7)
added
A plan to consolidate technology security and foreign disclosure approvals in accordance with Executive Order 14268, titled “Reforming Foreign Defense Sales to Improve Speed and Accountability” and dated April 9, 2025.
(8)
added
Metrics to evaluate the effectiveness of the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States while ensuring security of United States technology.
(9)
added
An annual requirement to conduct an audit of license applications that were denied during the prior year on the basis of technology transfer policies of the military departments or the National Disclosure Policy.
(10)
added
A process to implement revisions to the technology transfer policies of the military departments and the National Disclosure Policy in accordance with subsection (c).
(c)
added
Implementation— Not later than one year after the date of the submission of the framework under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall direct the Secretary of each of the military departments to revise the technology transfer policy of that department and the Under Secretary of Defense for Policy to revise the National Disclosure Policy, based on the elements of the framework under subsection (b).
(d)
added
Stakeholder engagement— At least once every six months, the Secretaries of the military departments and the Under Secretary of Defense for Policy shall consult with such representatives from the defense industry as the Secretaries and Under Secretary consider appropriate, including representatives from nontraditional defense contractors (as such term is defined by section 3014 of title 10, United States Code) in the course of carrying out subsections (a), (b), and (c).
(e)
added
Reporting requirements—
(1)
added
Submission of framework— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the framework produced under subsection (a).
(2)
added
Annual reports— Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
(A)
added
A description of any actions taken to improve the technology transfer policies of the military departments and the National Disclosure Policy in accordance with the implementation requirements under subsection (c).
(B)
added
A description of any actions taken to implement or incorporate industry recommendation into the technology transfer policies of the military departments and the National Disclosure Policy.
(C)
added
A summary of any feedback from industry stakeholders with respect to current applications of the technology transfer policies of the military departments and National Disclosure Policy, and a description of any actions taken to address such feedback.
(D)
added
The results of an audit of license applications that were denied during the preceding 12-month period on the basis of technology transfer policies of the military departments or the National Disclosure Policy, including sufficient information to confirm that such denials reflected the policy in effect at the time of denial.
(E)
added
Any recommendations of the Secretary for legislation necessary to improve technology transfer policies or the National Disclosure Policy.
(3)
added
Form— Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
Sec. 1078
Budgeting and funding requirements for Northern Strike Exercise
added
(a)
added
Requirements— The Secretary of Defense shall—
(1)
added
ensure that the budget and funding for the Northern Strike Exercise are sufficient to effectively carry out the objectives of the Secretary with respect to such exercise; and
(2)
added
include, in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027 and each subsequent fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a dedicated budget line item for the implementation of this section.
(b)
added
Northern Strike Exercise defined— In this section, the term Northern Strike Exercise means a military exercise sponsored by the National Guard Bureau to build readiness and warfighting capabilities for the joint force.
Sec. 1079
Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United States Special Operations Command
added
(a)
added
Procurement and distribution— The Commander of the United States Special Operations Command may authorize—
(1)
added
the procurement of sports foods and dietary supplements; and
(2)
added
the distribution of such foods and supplements to members of the Armed Forces assigned to the United States Special Operations Command.
(1)
added
In general— The Commander of the United States Special Operations Command shall—
(A)
added
establish policies for the procurement and distribution of sports foods and dietary supplements under this section; and
(B)
added
require that such procurement and distribution is in compliance with—
(i)
added
Department of Defense Instruction 6130.06, titled “Use of Dietary Supplements in the Department of Defense”; and
(ii)
added
the prohibited dietary supplement ingredients list of the Department.
(2)
added
Policies— The policies established under paragraph (1) shall provide that—
(A)
added
dietary supplements procured or distributed under this section are required to be certified by a non-Department third-party certifying organization that Operation Supplement Safety of the Department has vetted for end-product quality assurance;
(B)
added
dietary supplements and sports foods procured or distributed under this section are required to be free of contaminants and ingredients and substances prohibited by the Department (including any ingredients and substances that are synonymous with such prohibited ingredients and substances);
(C)
added
sports foods and dietary supplements may only be distributed to members of the Armed Forces—
(i)
added
by a credentialed and privileged registered (performance) dietitian or a medical clinician with prescribing authority who is assigned to or supporting the United States Special Operations Command at the operational unit level; and
(ii)
added
under the guidance and oversight of a primary care sports medicine physician.
(c)
added
Rule of construction— The procurement and distribution of sports foods and dietary supplements under this section shall be construed to supplement and not supplant—
(1)
added
any morale, welfare, or recreation funds or activities otherwise required or available; and
(2)
added
any funding made available for, and services provided by, any dining facility of the Department.
Sec. 1080
Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities for base defense
added
(a)
added
Establishment— Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Administrator of the Federal Aviation Administration, shall carry out a pilot program, to be known as the “Enhancing Cooperation for Counter-Unmanned Aircraft Systems Program”, under which the Secretary shall incorporate the use of civilian civil airspace sensor networks into Air Force data processing systems to—
(1)
added
improve base defense against small unmanned aircraft systems (in this section referred to as “sUAS”);
(2)
added
inform the development of counter-unmanned aircraft system capabilities that are suitable for use inside the United States and in the National Airspace System; and
(3)
added
enhance cooperation with law enforcement, State and local partners, and other Federal departments and agencies to counter domestic threats.
(b)
added
Locations— The Secretary, in coordination with the Administrator, shall select at least two military installations located in the United States at which to conduct the pilot program. In selecting such military installations, the Secretary shall consider the potential for the Air Force to—
(1)
added
access advanced civilian airspace sensor networks;
(2)
added
leverage public-private partnerships that enable multi-use of airspace awareness capabilities for public safety, defense of critical infrastructure to include Department of Defense installations, and protection of civil aviation; and
(3)
added
minimize the potential for negatively affecting civil aircraft operations in the National Airspace System.
(c)
added
Objectives— The objectives of the pilot program are—
(1)
added
to demonstrate the efficacy of shared situational awareness data from civilian sensor networks to military installation defense systems;
(2)
added
to provide the Air Force with access to air space awareness data derived from civilian airspace sensor networks to increase the ability of the Air Force to defend bases from the threats posed by sUAS;
(3)
added
to determine any authority, capability, and capacity barriers to enhancing cooperation between the Air Force, civilian partners, and other Federal, State, and local government entities to extend the over-the-horizon identification of potential sUAS threats beyond the current range of existing domestic base defense systems; and
(4)
added
to improve the data-sharing frameworks for airspace data between the Air Force and various stakeholders for the purpose of base defense.
(d)
added
Contract authority— In carrying out the pilot program, the Secretary of the Air Force may enter into one or more contracts for the procurement of additional technologies capable of—
(1)
added
leveraging commercial or Government off-the-shelf detect-track-defeat systems;
(2)
added
integrating and using civilian airspace awareness data to serve as an early warning capability specifically to help identify and monitor non-compliant sUAS; and
(3)
added
informing appropriate communication mechanisms between military installations and local law enforcement agencies to report and track non-compliant air vehicles, deter incursions, and foster potential prosecution.
(e)
added
Briefings— Not later than 90 days after the conclusion of all activities carried out under the pilot program at an installation selected for such program, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a briefing that includes a description of—
(1)
added
the manner in which the program was conducted at such installation; and
(2)
added
any results achieved under the program at such installation.
(1)
added
In general— The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
(2)
added
Early termination option— The Secretary of the Air Force may request the termination of the pilot program before the date specified in paragraph (1) if the Secretary—
(A)
added
determines that administrative, legal, performance, or other factors indicate the program will not be successful; and
(B)
added
submits to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice in writing of such determination.
Sec. 1081
Pilot program and other requirements for accelerating protection of certain facilities and assets from unmanned aircraft
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
Congress granted the Department of Defense extensive counter-UAS authorities under section 1697 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2639);
(2)
added
the Department has not adequately responded to publicly reported drone incursions;
(3)
added
the Department has consistently returned to request from Congress additional counter-UAS authorities, despite not fully using available counter-UAS authorities and routinely failing to provide to Congress with statutorily required briefings and information on the use and non-use of such available authorities; and
(4)
added
there is intense global demand for counter-UAS systems in the inventory of the Department, particularly from the Commander of the United States Central Command and the Commander of the United States Indo-Pacific Command, and the Department will not be able to address domestic counter-UAS requirements without substantial changes in the policies and priorities of the Department.
(b)
added
Requirements— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
(1)
added
develop a plan to ensure that the training of members of the armed forces and officers and civilian employees of the Department, and the sustainment of equipment of the Department, is adequate for purposes of the effective use of authorities under section 130i of title 10, United States Code; and
(2)
added
ensure that for each covered facility or asset at which the Secretary has determined counter-UAS operations are necessary to mitigate the threat that an unmanned aircraft system poses to the safety or security of such covered facility or asset—
(A)
added
any administrative action required for the effective use of such authorities for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel;
(B)
added
any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and
(C)
added
planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (c) in a manner appropriate for the covered facility or asset has commenced.
(c)
added
Pilot program for deployment of certain counter-UAS systems—
(1)
added
Pilot program— The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a pilot program for the deployment of covered counter-UAS systems for the protection of certain covered facilities or assets (in this subsection, referred to as the “pilot program”).
(2)
added
Elements— Under the pilot program, the Secretary shall—
(A)
added
not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of four covered facilities or assets identified for purposes of the pilot program; and
(B)
added
not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset.
(3)
added
Site-specific assessment— The Secretary and the Administrator shall jointly conduct a site-specific suitability assessment for each covered asset or facility identified for purposes of the pilot program to ensure that the operation of a covered counter-UAS system under the pilot program with respect to the covered facility or asset will not result in an adverse impact on aviation safety, including by assessing safe engagement ranges and parameters for target identification and deconfliction.
(d)
added
Additional coordination required— The Secretary shall carry out this section consistent with the requirements of section 130i of title 10, United States Code.
(e)
added
Briefings— Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section.
(f)
added
Definitions— In this section:
(1)
added
The term Administrator means the Administrator of the Federal Aviation Administration.
(2)
added
The terms counter-UAS system and small unmanned aircraft have the meanings given those terms in section 44801 of title 49, United States Code.
(3)
added
The term covered counter-UAS system means a counter-UAS system that—
(A)
added
is capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology; and
(B)
added
may be integrated with appropriate sensing and command-and-control systems.
(4)
added
The term covered facility or asset means a facility or asset with respect to which there is authority to carry out section 130i of title 10, United States Code, for the protection of the facility or asset.
(5)
added
The term unmanned aircraft has the meaning given such term in section 130i(j) of title 10, United States Code.
Sec. 1082
Counter-unmanned aircraft system readiness
added
(a)
added
In general— The Secretary of Defense, acting through the Director of the Joint Counter Small Unmanned Aircraft Systems Office, shall coordinate with the Secretaries of the military departments to identify differences in the interpretation and application of section 130i of title 10, United States Code, among the military departments, including differences with respect to—
(1)
added
interpretations of the term covered facility or asset;
(2)
added
the application of modern best practices for counter-unmanned aircraft system to each type of covered facility or asset; and
(3)
added
divergent, unrealistic, or unnecessarily limited legal interpretations of the term covered facility or asset.
(b)
added
Report to congress— Not later than 180 days after the date of the enactment of this Act, the Director of the Joint Counter Small Unmanned Systems Office shall submit to the congressional defense committees a report that includes a description of each of the following:
(1)
added
Differences identified in the application of section 130i of title 10, United States Code, among the military departments.
(2)
added
Any resources required to expedite and modernize site evaluations, including electromagnetic spectrum evaluations required for the deployment of counter-unmanned aircraft system defenses and site surveys described in section 1081 of this Act.
(3)
added
Suggestions to improve the role of the United States Northern Command as a synchronizing body for homeland counter-unmanned aircraft systems deployed at covered facilities or assets.
(4)
added
The plan of the Director to remedy, without change to underlying law, the differences in legal interpretations identified pursuant to subsection (a)(3).
(5)
added
The strategy of the Director for retrofitting and modernizing military installations and depots for testing counter-unmanned aircraft systems and an identification of any policy, legal, or regulatory challenges to carrying out such strategy.
(c)
added
Definitions— In this section, the terms covered facility or asset and unmanned aircraft system have the meaning given such terms in section 130i of title 10, United States Code.
Sec. 1083
Pilot program on digital force protection for Special Operations Forces
added
(a)
added
Establishment— The Commander of the United States Special Operations Command may carry out a pilot program, to be known as the “Digital Force Protection Pilot Program”, to identify existing vulnerabilities in digital force protection, provide targeted ubiquitous technical surveillance mitigation training, and help identify commercially available secure communication and obfuscation technologies to protect personnel and support overall mission effectiveness.
(b)
added
Objectives— The objectives of a pilot program carried out under subsection (a) are—
(1)
added
to increase understanding of existing digital signature and ubiquitous technical surveillance risk for selected Special Operations Forces units and the associated threats to personnel and mission effectiveness that come from digital exposure and adversary tracking;
(2)
added
to strengthen digital force protection for the purposes of operational security and strategic deception efforts across all domains of warfare; and
(3)
added
to demonstrate digital force protection as a critical enabler of multi-domain operations and the need to ensure Special Operations Forces can operate seamlessly across land, air, sea, space, and cyberspace without adversarial digital exploitation undermining mission success.
(c)
added
Recommendation of units—
(1)
added
In general— If the Commander carries out a pilot program under subsection (a), the Commander shall recommend not fewer than two Special Operations Forces units to carry out the pilot program, which may include a command and unit element.
(2)
added
Considerations— In recommending units to participate in the pilot program under paragraph (1), the Commander shall take into consideration—
(A)
added
the need to include multiple categories of personnel, including operational support staff, enablers, and contractors to ensure a complete assessment;
(B)
added
the readiness status of the units, with an emphasis on providing training to those units most likely to deploy to areas with high likelihood of adversary digital surveillance; and
(C)
added
the need for a sufficient sample size, which is approximately a battalion.
(d)
added
Contract authority— If the Commander carries out a pilot program under this section, the Commander may enter into a contract for the provision of services to facilitate the pilot program. If the Commander uses such authority to enter into a contract for training or assessment, such training and assessment shall be capable of—
(1)
added
conducting multiple realistic ubiquitous technical surveillance training scenarios that are consistent with observed adversarial tactics, techniques, and procedures with exploiting commercially available data against Special Operations Forces units;
(2)
added
training key personnel across leadership, operational, and support elements on the threats posed by the commercial data economy and specific skills development to manage digital signatures and mitigate ubiquitous technical surveillance risks;
(3)
added
providing advanced training for personnel responsible for highly sensitive activities and missions;
(4)
added
evaluating through red cell exercises pilot program participant progress and to ensuring units are prepared for mission-critical operations in ubiquitous technical surveillance-intensive environments;
(5)
added
employing commercial technology solutions previously deployed in a mission environment and interoperable with legacy Department of Defense systems, networks, and protocols, including deployment of on-demand global obfuscated networks and identity intelligence and management;
(6)
added
assessing ubiquitous technical surveillance and digital force protection holistically across various threat vectors including electronic, travel, financial, online, and physical or visual.
(e)
added
Briefings— If the Commander carries out a pilot program under this section, not later than 90 days after concluding activities under the pilot program, the Commander and the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—
(1)
added
a thorough analysis identifying current capabilities and a description of gaps, deficiencies, or other vulnerabilities, identified by the pilot program;
(2)
added
specific recommendations for short-term (1–2 years) and long-term (3–5 years) initiatives to enhance digital force protection across special operations components;
(3)
added
an assessment of how enhanced digital force protection measures increase the difficulty, time, and resources required for adversaries to conduct digital surveillance, force tracking, and operational compromise of Special Operations Forces; and
(4)
added
a comprehensive list of any additional authorities, appropriations, or other resources necessary to implement the recommended digital force protection tools and practices identified pursuant to the pilot program.
(f)
added
Definitions— In this section:
(1)
added
The term digital force protection means the policies, tools, and practices used to protect military personnel, operations, and critical assets from adversarial exploitation of the commercial digital surveillance economy, associated commercial data, and digital footprints.
(2)
added
The term commercial digital surveillance economy means the ecosystem of companies and technologies involved in collecting, analyzing, and selling data generated by the interactions of individuals with digital services and devices.
(3)
added
The term digital footprint means the data traces left by individuals through the use of digital devices and services that can be exploited to uncover personal information, movement patterns, and other sensitive details.
(g)
added
Termination— The authority to carry out a pilot program under this section shall terminate on the date that is one year after the date of the enactment of this Act.
Sec. 1084
Pilot program for blockchain-enabled inventory management
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may establish a pilot program under which the Department of Defense shall use commercially available distributed ledger technology to seek to improve inventory management within the Department of Defense.
(b)
added
Objectives— Under the pilot program established under subsection (a), the Secretary shall—
(1)
added
assess the feasibility and effectiveness of using distributed ledger technology in improving inventory management;
(2)
added
assess the cost savings resulting from the use of distributed ledger technology in inventory management;
(3)
added
assess whether the use of distributed ledger technology in inventory management improves the traceability of inventory;
(4)
added
assess whether the use of distributed ledger technology in inventory management reduces the risk of waste, fraud, and abuse; and
(5)
added
identify and mitigate potential challenges and risks associated with the integration of distributed ledger technology for inventory management, including cybersecurity concerns.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a).
(d)
added
Termination— The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029.
(e)
added
Definitions— In this section:
(1)
added
The term distributed ledger means a ledger that—
(A)
added
is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger;
(B)
added
is synchronized between the nodes; and
(C)
added
has data appended to it by following a specified consensus mechanism.
(2)
added
The term distributed ledger technology means technology that enables the operation and use of distributed ledgers.
Sec. 1085
Acceleration of accreditation and access to sensitive compartmented information facilities for industry
added
(a)
added
Plan required— Not later than 180 days after enactment of this act, the Secretary of Defense, in consultation with other appropriate departments and agencies of the Federal Government, shall submit to the congressional defense committees a plan to accelerate the accreditation, construction, and operational use of commercial sensitive compartmented information facilities accessible to private-sector entities in support of national security innovation, manufacturing, and mission-critical classified activities.
(b)
added
Elements— The plan required by subsection (a) shall include the following:
(1)
added
Recommendation of policies to authorize the parallel processing of construction security plans, construction, and information technology deployment to reduce accreditation and approval timelines.
(2)
added
An assessment of the feasibility of adopting architecture and construction templates to allow for shortening or eliminating portions of the construction security plan review and approval process.
(3)
added
An evaluation of current policies regarding the use of mobile Secret Internet Protocol Router Network and Joint Worldwide Intelligence Communications System systems within accredited contractor sensitive compartmented information facilities, including a review of Chairman of the Joint Chiefs of Staff Instruction 6211.02D.
(4)
added
An assessment of the feasibility of delegating the authority to review construction security plans and associated 30, 60, and 90 percent technical drawings to appropriately trained sponsor-approved personnel within the Armed Forces, subject to applicable security standards and oversight.
(5)
added
A proposal to designate shared commercial classified facilities as valid places to work for all types of classified work authorized by the Department of Defense.
(6)
added
A proposal to develop and establish a secure, centralized, digital platform for the management of sensitive compartmented information facility lifecycle processes, including—
(A)
added
submission and tracking of construction security plans, requests for information, fixed facility checklists, and co-use authorizations; and
(B)
added
utilization of artificial intelligence and machine-learning tools for construction security plan validation, interagency compliance, and document version control.
(7)
added
A list of any additional authorities, appropriations, or other resources necessary to implement the plan required by this section.
Sec. 1086
Standardization of data analysis and visualization across the Department of Defense
added
(a)
added
Standardization of data analysis and visualization required— Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each of the military departments adopts a set of standard data analysis and data visualization for the collection, management, analysis, visualization, and reporting of data related to harmful behaviors. Such required data analysis and visualization standards shall be designed to—
(1)
added
enable commanders at all levels of command to receive timely, actionable data with consistent metrics, data visualization, and presentation formats;
(2)
added
support location, identify patterns over time, and track changes or trends in harmful behavior; and
(3)
added
if the Secretary establishes a working group under subsection (b), comply with other standards and best practices identified by the working group.
(b)
added
Working group on data systems and visualization—
(1)
added
In general— The Secretary of Defense may establish a working group composed of representatives from each military department.
(2)
added
Responsibilities— If the Secretary establishes a working group under this subsection, the working group shall—
(A)
added
review existing harmful behavior data management systems, methods of data collection, management, analysis, reporting, and forms of data visualization used across the military departments;
(B)
added
identify and share best practices for data collection, management, analysis, visualization, and reporting to improve consistency, effectiveness, and usability across the Department of Defense; and
(C)
added
assess which data elements are not currently captured in existing harmful behavior data management systems of record and would benefit from inclusion.
(3)
added
Timeframe for establishment— If the Secretary establishes a working group under this subsection, the Secretary shall establish the working group by not later than 180 days after the date of the enactment of this Act.
(c)
added
Promotion of on-site installation evaluation resilience index summary application— The Secretary may promote the on-site installation evaluation resilience index summary application for wider use by the military departments, in addition to the systems to address harmful behavior in use by the military departments as of the date of the enactment of this Act.
(d)
added
Briefing and report— Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on—
(1)
added
the status of the implementation of the standard features required under subsection (a);
(2)
added
if the Secretary establishes a working group under subsection (b), the findings and recommendations of the working group; and
(3)
added
the status of implementing the promotion of the on-site installation evaluation resilience index summary application under subsection (c).
(e)
added
Definitions— In this section:
(1)
added
The term data collection means the capability to gather user-generated data through system interfaces, with designated required and optional fields, that is saved to the system’s dataset through structured workflows.
(2)
added
The term data visualization means the manner in which information is presented within a data management system, including the graphical representation of data to improve clarity, comprehension, analysis, and decision-making by users.
Sec. 1087
Process for complaints and investigations of transportation service providers and transportation officers
added
(a)
added
Complaints and investigations—
(1)
added
Process for submitting complaints— The Commander of the Military Surface Deployment and Distribution Command shall develop a process through which a transportation service provider may submit a complaint to the Commander regarding possible violations of the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations by Department of Defense transportation officers and transportation service providers regarding any military shipments that are required to be processed by the Global Freight Management System.
(2)
added
Elements— The complaint process required under paragraph (1) shall include each of the following:
(A)
added
An identification of the information the complainant should provide as part of a complaint to assist the Commander in reviewing and investigating the complaint, including references to the rules that were allegedly violated.
(B)
added
A timeline for the adjudication of the complaint and rendering of an initial finding by an individual designated by the Commander.
(C)
added
A process for any party to appeal the initial finding if the party believes the initial finding is incorrect, a timeline for the review of the appeal, and a timeline for the Commander to render a final decision.
(D)
added
Such other elements as the Commander determines appropriate.
(3)
added
Consequences for violations— If, pursuant to a complaint submitted through the complaint process under this section, a transportation officer or transportation service provider is found to have violated the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations, the Commander shall impose a penalty in accordance with the Military Freight Traffic Unified Rules Publication and the Defense Transportation Regulations and, if applicable, work with the transportation officer or transportation service provider to take corrective action.
(4)
added
Transportation officer actions—
(A)
added
Notification process— The Commander shall establish a timely process through which a transportation service provider may notify the Military Surface Deployment and Distribution Command of any action a transportation officer imposes against a transportation service provider, such as a letter of non-use, if the transportation service provider believes that such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations.
(B)
added
Authority to override— The Commander may override any action taken by a transportation officer against a transportation service provider if the Commander believes such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The authority under this subparagraph includes revoking a letter of non-use, reducing the duration of a letter of non-use, and removing any service failure from the record of the transportation service provider.
(b)
added
Global freight management training— The Commander of the Military Surface Deployment and Distribution Command shall provide recurring training to all transportation officers and transportation service providers that use the Global Freight Management System to process and award Department of Defense shipments. Such training shall include—
(1)
added
detailed instruction on the Military Freight Traffic Unified Rules Publication and Defense Transportation Regulations;
(2)
added
best practices for processing and awarding shipments in the Global Freight Management system;
(3)
added
the importance of awarding shipments transparently and in accordance with Department of Defense policies; and
(4)
added
such other information as the Commander determines appropriate.
(c)
added
Freight carrier registration program—
(1)
added
Update— The Commander of the Military Surface Deployment and Distribution Command shall update the freight carrier registration program to ensure that users of the program, including Department of Defense personnel and transportation service providers, are able to easily determine if a standard carrier alpha code belongs to a motor carrier or broker.
(2)
added
Annual audit requirement— Not less frequently than annually, the Commander shall conduct an audit of the freight carrier registration program to ensure that all approved transportation service providers have active and appropriate operating authority from the Department of Transportation.
Sec. 1101
Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam
added
added
Section 1102 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended—
(1)
added
in the section heading, by striking “Department of the Navy civilian employees assigned to permanent duty in Guam for performing work, or supporting work being performed, aboard or dockside, of U.S. naval vessels” and inserting “civilian employees of the Department of Defense stationed in Guam”;
(2)
added
in subsection (a), by striking “Secretary of the Navy” and inserting “Secretary of Defense”; and
(3)
added
by striking subsection (b) and inserting the following:
added
“(b) Covered employee defined—In this section, the term “covered employee” means any civilian employee of the Department of Defense whose permanent duty station is located in Guam.”
Sec. 1102
Appointment of retired members of the armed forces to competitive service and excepted service positions in the Department of Defense
added
(a)
added
In general— Section 3326 of title 5, United States Code, is amended—
(1)
added
in the section heading, by inserting “certain” before “positions”; and
(2)
added
in subsection (b)—
(A)
added
in the matter preceding paragraph (1), by striking “the civil service” and inserting “the competitive service or the excepted service”; and
(B)
added
in paragraph (1), by striking “for the purpose” and all that follows through “Management”.
(b)
added
Clerical amendment— The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting “certain” before “positions”.
Sec. 1103
Pay for crews of vessels
added
added
Section 5348 of title 5, United States Code, is amended—
(1)
added
in subsection (a), by adding before the period at the end the following: “, not to exceed the rate of pay for the Vice President under section 104 of title 3”; and
(2)
added
by adding at the end the following:
added
“(c) The limitation on pay under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).”
Sec. 1104
Exception to limitation on rate of basic pay for crews of vessels
added
added
Section 5373 of title 5, United States Code, is amended by adding at the end the following:
added
“(c) Subsection (a) shall not apply to the authority of the Secretary of Defense or the Secretary of a military department to fix the annual rate of basic pay of officers and crews of vessels as is consistent with the public interest and in accordance with the prevailing rates and practices in the commercial maritime industry, except that the annual rate of basic pay of such an employee may not be fixed at a rate greater than the annual rate of the salary of the Vice President under section 104 of title 3.”
Sec. 1105
One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
added
added
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1104 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2087), is further amended by striking “through 2025” and inserting “through 2026”.
Sec. 1106
One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
added
added
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1105 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2088), is further amended by striking “2026” and inserting “2027”.
Sec. 1107
Defense workforce integration
added
(a)
added
Integration of military and civilian hiring processes—
(1)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components.
(2)
added
Air Force DRIVE program— The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of paragraph (1) and may, but need not, serve as a baseline from which the other military departments design their programs.
(3)
added
Entry-level service member defined— In this subsection, the term entry-level service member means a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days—
(A)
added
basic training;
(B)
added
a technical school of the Armed Forces;
(C)
added
a service academy;
(D)
added
the Reserve Officer Training Corps (ROTC);
(E)
added
an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program.
(b)
added
Provision of information on career opportunities in the defense industrial base to persons ineligible for military service— Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
added
“996. Provision of information on career opportunities in the defense industrial base to persons medically disqualified for military service
added
“(a) Establishment—The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
added
“(b) Program—The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
added
“(1) the defense industrial base, including the maritime and shipbuilding industries;
added
“(2) cybersecurity or intelligence support roles;
added
“(3) research and development in defense technologies;
added
“(4) national emergency and disaster preparedness; or
added
“(5) any other non-military opportunity the Secretary considers in the national interests of the United States.
added
“(c) Collaboration—The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.”
(c)
added
Provision to Navy personnel of information on career opportunities at Military Sealift Command— The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to all Navy personnel as part of the Transition Assistance Program process.
(d)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing implementation of the requirements under subsections (a) and (c) of this section and section 996 of title 10, United States Code, as added by subsection (b) of this section.
Sec. 1108
Modifications to total force management requirements
added
(a)
added
Guidance— Not later than 30 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall, in consultation with each Secretary of a military department, provide guidance to each such Secretary on the analysis required under subsection (b) of section 129a of title 10, United States Code. Such guidance shall include defining the seven required elements of the analysis under such subsection, on either a Department-wide or component level.
(b)
added
Additional limitations on reductions— Such section 129a is amended in subsection (b) by inserting after “full-time equivalent levels” the following: “, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request,”.
(c)
added
Additional requirements— Such section 129a is amended by adding at the end the following:
added
“(h) Report to congressional defense committees—Not later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b).”
(d)
added
RIF notification— Section 1597(d) of title 10, United States Code, is amended—
(1)
added
in the subsection heading, by inserting “or significant” after “involuntary”;
(2)
added
by striking “or furlough of” and inserting “furlough, or significant reduction of over 50”; and
(3)
added
by adding after the period at the end the following: “The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.”.
(e)
added
Briefing— Not later than 60 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall provide the congressional defense committees with a briefing on the following:
(1)
added
The implementation of subsection (a) of this section.
(2)
added
Efforts to update DOD Directive 1100.4 and DOD Instruction 1100.22 to address the analysis required under subsection (b) of such section 129a, as amended by this section.
Sec. 1109
Exemption from civilian hiring freeze for delayed DOD appointments due to active duty
added
(a)
added
In general— The hiring freeze implemented by the Presidential Memorandum issued on January 20, 2025, titled “Hiring Freeze”, or any extension of such Memorandum or freeze, shall not apply to any individual who received a final job offer before January 20, 2025, with respect to a position within the Department of Defense but did not occupy such position solely as a result of such individual performing active service (as that term is defined in section 101 of title 10, United States Code) as a member of the Armed Forces.
(b)
added
Application— This section shall not be construed to confer any right or benefit to any individual, or require the Department of Defense to hire any individual if the applicable position no longer exists, unless otherwise required by law.
Sec. 1110
Limitation on use of funds to limit collective bargaining
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to implement Executive Order 14251, issued on March 27, 2025, relating to Exclusions from Federal labor management relations programs, or any following policy or guidance.
Sec. 1111
Personnel actions against DOD SES career appointees
added
(1)
added
In general— The head of any element of the Department of Defense may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a career appointee at the element if the head determines that the documented misconduct or performance of the career appointee warrants such action.
(2)
added
Removal from civil service— If a head removes an individual under paragraph (1), the head may remove the individual from the civil service.
(b)
added
Rights and procedures—
(1)
added
In general— An individual who is the subject of an action under subsection (a)—
(A)
added
is entitled to advance notice of the action and a file containing all evidence in support of the proposed action;
(B)
added
may be represented by an attorney or other representative of the covered individual’s choice; and
(C)
added
may grieve the action in accordance with an independent grievance process that the Secretaries of the military departments shall establish for purposes of this subsection.
(A)
added
Aggregate period— The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
(B)
added
Response period— The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
(C)
added
Decision period— A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
(D)
added
Grievance process period— The Secretaries shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.
(E)
added
Waiver— The applicable Secretary may waive the requirements of subparagraphs (A) through (D) if the Secretary for good cause determines such waiver is in the interests of due process.
(3)
added
Finality of decisions— A decision under paragraph (2) that is not grieved, and a grievance decision under such subparagraph, shall be final and conclusive, except as provided in paragraph (4).
(4)
added
MSPB appeal— An individual may appeal a final decision under paragraph (3) to the Merit Systems Protection Board. The Board shall, within 120 days of the filing of the appeal, decide the appealable action in accordance with the Board's appellate procedures under section 7701 of title 5, United States Code, and this section.
(5)
added
Relation to other provisions of law— Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title shall apply to an action under paragraph (1) unless otherwise provided by this section.
(c)
added
Sunset— This section and the authority under this section shall terminate on September 30, 2030.
(d)
added
Definitions— In this section—
(1)
added
the term career appointee has the meaning given that term in section 3132(a) of title 5, United States Code.
(2)
added
the term civil service has the meaning given that term in section 2101 of such title 5; and
(3)
added
the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
Sec. 1121
Short title
added
added
This subtitle may be cited as the “Defense Hiring Modernization Act of 2025”.
Sec. 1122
Amendments to title 5, United States Code
added
(a)
added
Modernizing competitive hiring authorities for Department of Defense— Section 3301 of title 5, United States Code, is amended—
(1)
added
by striking “The President” and inserting “(a) In general.—The President”; and
(2)
added
by adding at the end the following new subsection:
added
“(b) DOD procedures—The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.”
(b)
added
Modernizing public notice requirements— Section 3327 of title 5, United States Code, is amended by adding at the end the following:
added
“(c) The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.”
(c)
added
Elimination of time-in-grade restrictions— Section 3361 of title 5, United States Code, is amended—
(1)
added
by striking “An individual” and inserting “(a) In general.—An individual”; and
(2)
added
by adding at the end the following:
added
“(b) DOD promotions—Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.”
(d)
added
Shared talent pools and structured assessments— Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following (and conforming the table of sections at the beginning of such subchapter accordingly):
added
“3330g. DOD use of shared talent pools and structured assessments
added
“(a) Shared talent pools—The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks.
added
“(b) Structured assessments—The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.”
(e)
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees on the impact of this subtitle and the amendments made by this subtitle on hiring at the Department of Defense. Such report shall include an analysis on the impact on the length of the hiring process, the quality of applicants, the useability of the system for applicants and the Department, the total number of individuals appointed through alternative job postings, the total number of individuals appointed from a shared applicant pool, and any identified challenges to hiring.
Sec. 1201
Authority to build capacity for space domain awareness
added
added
Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(10) Space domain awareness.”
Sec. 1202
Modification of authority to build capacity of foreign security forces
added
added
Subsection (g)(2) of section 333 of title 10, United States Code, is amended by striking “made” after “Amounts”.
Sec. 1203
Modifications to Irregular Warfare Center and Regional Defense Fellowship Program
added
added
Section 345 of title 10, United States Code, is amended as follows:
(1)
added
In the matter preceding subparagraph (A) of subsection (a)(1), by striking “may” and inserting “shall”.
(2)
added
In subsection (c)(4)(B), by striking “The Director of the Defense Security Cooperation Agency” and inserting “The Commander of United States Special Operations Command, reporting directly to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict,”.
Sec. 1204
Modification of public reporting of Chinese military companies operating in the United States
added
added
Section 1260H(g)(2)(B)(i)(I) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended by adding at the end before “; or” the following: “operating inside or outside of China”.
Sec. 1205
Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United States and certain partner countries
added
(a)
added
Statement of policy— It is the policy of the United States to support and encourage further defense collaboration with Israel in areas of emerging technologies capable of enabling the warfighting capabilities of both the United States and Israel to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.
(b)
added
Authority— The Secretary of Defense, upon request by the Ministry of Defense of a covered partner country and in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, is authorized to carry out, jointly with the covered partner country, research, development, test, and evaluation of emerging technologies to further the warfare capabilities of the United States and the covered partner country to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.
(c)
added
Protection of sensitive information— Any activity carried out pursuant to the authority of subsection (b) shall be conducted in a manner that robustly protects sensitive information and the national security interests of the United States and the covered partner country.
(d)
added
Applicability of export control restrictions— Any activity authorized under subsection (b), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to—
(1)
added
the Export Administration Regulations under subchapter C of title 15, Code of Federal Regulations; and
(2)
added
all other laws applicable to the control of arms exports.
(e)
added
Report— None of the activities described in subsection (b) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following:
(1)
added
A memorandum of agreement between the United States and the covered partner country regarding sharing of costs and security safeguards for the activities described in subsection (b), and any supporting documents.
(2)
added
A certification that such memorandum of agreement—
(A)
added
requires sharing of costs of the activities and security safeguards described in subsection (b), including in-kind support, between the United States and the covered partner country;
(B)
added
establishes the rights of the United States to any intellectual property developed under the memorandum of agreement;
(C)
added
requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the government of the covered partner country, including—
(i)
added
a description of what the funds have been used for;
(ii)
added
a description of when funds were expended;
(iii)
added
an identification of entities that expended the funds; and
(iv)
added
the export control regimes in place in the covered partner country to protect sensitive technology, including related intellectual property and innovation efforts; and
(D)
added
includes robust safeguards against the ability of the People’s Republic of China or other foreign adversaries of the United States from, directly or indirectly, accessing, acquiring, or benefitting from any potential innovation, technology, research, product, or application funded, produced, or utilized by the partnership.
(f)
added
Lead agency— Not earlier than the date on which the Secretary of Defense submits the first report pursuant to subsection (e), the Secretary shall designate the Irregular Warfare Technology Support Directorate of the Department of Defense as the lead agency of the Department in carrying out this section.
(g)
added
Semiannual reports— The Secretary of Defense shall submit to the appropriate congressional committees on a semiannual basis a report that contains a copy of the most recent semiannual report provided by the government of each covered partner country to the Department of Defense pursuant to subsection (e)(2)(C).
(h)
added
Definitions— In this section—
(1)
added
the term appropriate congressional committees means—
(A)
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B)
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2)
added
the term covered partner country means a country that, as of June 1, 2025, has signed a bilateral agreement with the United States that is managed by the Irregular Warfare Technology Support Directorate of the Department of Defense.
Sec. 1206
Cybersecurity integration
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of State, shall cooperate with the Government of Panama to seek to integrate cybersecurity into current and future joint training exercises.
(b)
added
Purpose— The cybersecurity integration in subsection (a) should—
(1)
added
incorporate elements of the Cyber Cooperation Arrangement;
(2)
added
provide technical assistance and training, and enhance joint cooperation to improve mitigation, deterrence, and detection of cyberattacks and cyber vulnerabilities on critical infrastructure in and around the Panama Canal; and
(3)
added
incorporate cybersecurity activities into current and potential joint exercises conducted between the United States Government and the Government of Panama to improve the security of the Panama Canal.
(c)
added
Activities— Activities to further the purpose described in subsection (b) may include—
(1)
added
information sharing with the Panama Canal Authority and the Government of Panama regarding cybersecurity threats and incidents;
(2)
added
technical assistance to the Panama Canal Authority and the Government of Panama on detection and mitigation of cyberattacks in order to improve response activities, including advising national computer security incident response teams;
(3)
added
conducting joint cybersecurity training exercises and other information sharing activities relating to cybersecurity with the Government of Panama, including by—
(A)
added
supporting participation by the Government of Panama in existing cybersecurity training facilitated or managed by the Department of Defense and approved by the Secretary of Defense;
(B)
added
incorporating cyber elements into existing joint training exercises, such as PANAMAX; and
(C)
added
conducting an annual table-top cybersecurity exercise; and
(4)
added
conducting activities as the Secretary considers appropriate, consistent with the purposes described in subsection (b) for the cybersecurity integration described in subsection (a).
(d)
added
Report and briefing— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report and briefing on—
(1)
added
implementation of this section and any challenges related to implementation; and
(2)
added
any cyber threats, such as ransomware attacks, on critical infrastructure in and around the Panama Canal, along with actions taken to address and mitigate these threats.
(e)
added
Protection of sensitive information— Any activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.
Sec. 1211
War Reserve Stockpile authority for Israel
added
added
Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking “January 1, 2027” and inserting “January 1, 2029”.
Sec. 1212
Modification and extension of United States-Israel anti-tunnel cooperation
added
added
Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking “December 31, 2026” and inserting “December 31, 2028”.
Sec. 1213
Extension and modification of United States-Israel cooperation to counter unmanned systems in all warfighting domains
added
(a)
added
In general— Section 1278 of the National Defense Authorization Act for Fiscal Year 2020 (22 U.S.C. 8606 note) is amended—
(1)
added
in the section heading, by striking “unmanned aerial systems” and inserting “unmanned systems in all warfighting domains”;
(2)
added
in subsection (a)—
(A)
added
in the subsection heading to read as follows: “united states-israel program on countering unmanned systems.—”;
(B)
added
in paragraph (1)—
(i)
added
by striking “to establish capabilities” and inserting “to accelerate development of advanced technologies”; and
(ii)
added
by striking “unmanned aerial systems” and inserting “unmanned systems in all warfighting domains”;
(C)
added
by redesignating paragraph (2) as paragraph (3);
(D)
added
by inserting after paragraph (1) the following:
added
“(2) Activities—The activities required by this subsection may include the following:
added
“(A) Collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel.
added
“(B) Joint training exercises and information-sharing mechanisms to maximize the sharing of technical expertise, data, and tactics related to emerging unmanned systems and related threats.
added
“(C) Development of joint technical requirements.
added
“(D) Collaborative development and evaluation of novel systems with defense industry partners.
added
“(E) Coordination with acquisition program offices of the United States and Israel military service departments, components, and commands to expedite deployment of relevant systems and enhance military readiness.”
(E)
added
in paragraph (3) (as so redesignated), by striking “activities described in paragraph (1)” and inserting “activities described in this subsection”;
(3)
added
in subsection (b)—
(A)
added
in paragraph (3)(B), by striking “aerial”; and
(B)
added
in paragraph (4), by striking “$55,000,000” and inserting “$70,000,000”;
(4)
added
in subsection (c), by striking “an appropriate research and development entity of a military department” and inserting “the Irregular Warfare Technology Support Directorate”;
(5)
added
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
(6)
added
by inserting after subsection (d) the following:
added
“(e) Annual report—The Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including—
added
“(1) an assessment of progress made by the United States and Israel in addressing unmanned systems threats and requirements;
added
“(2) an assessment of the program’s collaboration with other United States Government programs and defense contractors;
added
“(3) an update on efforts to transition capabilities to acquisition program managers for fielding by United States or Israeli military services, components, and commands; and
added
“(4) recommendations for future program activities and funding.”
(7)
added
in subsection (g) (as so redesignated), by striking “December 31, 2026” and inserting “December 31, 2028”.
(b)
added
Transition provision— The Secretary of Defense shall continue to carry out the activities authorized by section 1278 of the National Defense Authorization Act for Fiscal Year 2020, as such section was in effect on the day before the date of the enactment of this Act, until such time as the Secretary submits to the appropriate committees of Congress the report required by subsection (a)(2) of such section for purposes of carrying of the activities required by such section, as amended by subsection (a) of this section.
Sec. 1231
Repeal of war-related reporting requirements for concluded operations
added
added
Section 1221 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note) is repealed.
Sec. 1232
Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations
added
(a)
added
Extension of authority— Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking “beginning on October 1, 2024, and ending on December 31, 2025” and inserting “beginning on October 1, 2025, and ending on December 31, 2026,”.
(b)
added
Extension of limitation on amount— Subsection (d)(1) of such section is amended by striking “beginning on October 1, 2024, and ending on December 31, 2025” and inserting “beginning on October 1, 2025, and ending on December 31, 2026,”.
Sec. 1233
Extension and modification of authority to provide assistance to vetted Syrian groups and individuals
added
added
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—
(1)
added
in subsection (a), by striking “December 31, 2025” and inserting “December 31, 2026”;
(2)
added
in subsection (e)(1)—
(A)
added
in the matter preceding subparagraph (A), by striking “elements of the Syrian opposition and other”; and
(B)
added
in subparagraph (A), by striking “Shia militias aligned with or supporting the Government of Syria” and inserting “Shia militias previously aligned with or supporting the Assad government”; and
(3)
added
in subsection (l)(3)(E)), by striking “December 31, 2025” and inserting “the date specified in the matter preceding paragraph (1) of subsection (a)”.
Sec. 1234
Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria
added
added
Section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) is amended—
(1)
added
in subsection (a), by striking “December 31, 2025” and inserting “December 31, 2026”;
(2)
added
by striking subsection (g);
(3)
added
by redesignating subsections (h) through (o) as subsections (g) through (n), respectively;
(4)
added
in paragraph (1)(C)(i) of subsection (i) (as so redesignated), by striking “subsection (l)(2)” and inserting “subsection (k)(2)”;
(5)
added
in paragraph (2) of subsection (k) (as so redesignated)—
(A)
added
in subparagraph (B)(ii), by striking “subsection (j)(1)(C)” and inserting “subsection (i)(1)(C)”; and
(B)
added
in subparagraph (C), by striking “subsection (k)” and inserting “subsection (j)”; and
(6)
added
in paragraph (6) of subsection (n) (as so redesignated), by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 1235
Counter-terrorism support
added
(a)
added
Authority to provide support— Subsection (a)(1) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C. 2151 note) is amended—
(1)
added
in subparagraph (B), by striking “with Syria” and inserting “with any other country”; and
(2)
added
in subparagraph (C), by striking “with Libya” and inserting “with any other country”.
(a)
added
Support to Government of Lebanon— Subsection (c)(2) of such section is amended by adding at the end the following: “Such support may be used only to promote the ability of the armed forces of Lebanon to counter the threat posed by Lebanese Hezbollah, Hamas, ISIS, and any other terrorist organization that threaten the security of Lebanon and its neighbors.”.
(b)
added
Extension of authority— Subsection (h) of such section is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 1236
Prohibition on funding to Badr Organization
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available to the Secretary of Defense for fiscal year 2026 may be made available to the Badr Organization.
Sec. 1241
Modification and extension of annual report on military and security developments involving the Russian Federation
added
added
Section 1234 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended—
(1)
added
in subsection (b) to read as follows:
added
“(b) Matters to be included—The report required under subsection (a) shall include the following:
added
“(1) The goals, factors, and trends shaping Russia’s security strategy and military strategy, including military spending and investment priorities.
added
“(2) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the Russian Armed Forces.
added
“(3) An assessment of the force structure, readiness, and capabilities of the Russian Armed Forces.
added
“(4) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in the Arctic and the North Atlantic region.
added
“(5) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces as they relate to the North Atlantic Treaty Organization (NATO), including the force posture of Russian Armed Forces deployed adjacent to NATO’s borders, including in Kaliningrad.
added
“(6) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in Ukraine or adjacent to Ukraine’s borders.
added
“(7) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces in the Baltic and Black Seas.
added
“(8) An assessment of the reconstitution efforts of the Russian Armed Forces, including its ability to restore losses from the war in Ukraine and to expand its force beyond 2022 levels.
added
“(9) An assessment of the impact of United States and international sanctions on the Russian military’s reconstitution efforts, including an assessment of the impact of removing sanctions on the Russian military’s reconstitution efforts.
added
“(10) An assessment of what the Russian Armed Forces has learned from the war in Ukraine and how it has applied those lessons.
added
“(11) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Latin America and the Caribbean.
added
“(12) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Indo-Pacific, with a specific emphasis on how such strategy, objectives, and force posture affect the People’s Republic of China.
added
“(13) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Middle East.
added
“(14) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Africa.
added
“(15) A description of Russia’s overseas military basing, military logistics capabilities, and infrastructure to project power.
added
“(16) A summary of all significant Russian cooperation with foreign forces, including major training and exercises, foreign deployments, and basing agreements—specifying for each Russian foreign deployment the number of force deployed, the types of capabilities deployed, the length of the deployment, and any agreement enabling or governing the deployment.
added
“(17) An assessment of relations between the Russian Federation and Iran, the People’s Republic of China, and North Korea, with respect to security and military matters.
added
“(18) An assessment of the proliferation activities of Russia and Russian entities, including activities relating to the supply of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems to other states or non-state actors.
added
“(19) An assessment of Russia’s nuclear program and capabilities, including
added
“(A) its nuclear strategy and associated doctrines;
added
“(B) the size and state of its stockpile and projections of its future arsenals;
added
“(C) its civil and military production capacities; and
added
“(D) the modernization and force structure of its strategic forces.
added
“(20) A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities.
added
“(21) A description of Russia’s anti-access and area denial capabilities.
added
“(22) A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.
added
“(23) An assessment of Russia’s space and counterspace programs and capabilities.
added
“(24) An assessment of Russia’s cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure).
added
“(25) An assessment of any influence operations or campaigns by the Russian Federation targeting the United States, any military alliances and partnerships of which the United States is a member, or treaty allies of the United States, including:
added
“(A) the objectives of such operations;
added
“(B) the tactics, techniques, and procedures used; and
added
“(C) the impact of such operations on the United States, military alliances or partnerships of which the United States is a member, or treaty allies of the United States;
added
“(D) detail regarding any campaign that specifically targeted U.S. Department of Defense personnel; and
added
“(E) the metrics used to judge the impact of such operations.
added
“(26) An assessment of how Russian private military companies are being utilized to advance the security interests of the Russian Federation;
added
“(27) An assessment of the threat perception of the Russian Federation by U.S. allies and partners in the Indo-Pacific.
added
“(28) Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.”
(2)
added
in subsection (g), by striking “January 31, 2026” and inserting “January 31, 2030”.
Sec. 1242
Report on United States deterrence and defense posture in the European region
added
(a)
added
Report required—
(1)
added
In general— At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Commander of the United States European Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:
(A)
added
The implementation of the National Defense Strategy with respect to the European region.
(B)
added
The maintenance of the comparative military advantage of the United States and North Atlantic Treaty Organization (NATO) with respect to the Russian Federation.
(C)
added
The reduction of the risk of executing contingency plans of the Department of Defense, including contingency plans conducted by United States Central Command and United States Africa Command.
(D)
added
The maintenance of the capability and capacity to defense the homeland forward.
(2)
added
Matters to be included— The report required by paragraph (1) shall include the following:
(A)
added
With respect to the achievement of the objectives described in paragraph (1), a description of the intended force structure and posture of assigned and allocated forces in each NATO member country.
(B)
added
An assessment of the capability requirements to achieve such objectives.
(C)
added
An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
(D)
added
An identification of required infrastructure and military construction investments to achieve such objectives.
(E)
added
An assessment of security cooperation authorities, activities, or resources required to achieve such objectives.
(i)
added
A plan to fully resource United States force posture and capabilities, including—
(I)
added
a detailed assessment of the resources necessary to address the elements described in subparagraphs (A) through (E), including specific cost estimates for recommended investments or projects—
(aa)
added
to maintain a posture and presence of the United States Armed Forces that meet the objectives of paragraph (1);
(bb)
added
to maintain the logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel that meet the objectives of paragraph (1);
(cc)
added
to carry out a program of exercises, training, experimentation, and innovation for the joint force that meet the objectives of paragraph (1);
(dd)
added
to maintain the infrastructure to ensure the responsiveness and resiliency of the United States Armed Forces within NATO in order to meet the objectives of paragraph (1);
(ee)
added
to build the defense and security capabilities, capacity, and cooperation of allies and partners that meet the objectives of paragraph (1); and
(ff)
added
to modernize the capabilities available to United States European Command to meet the objectives of paragraph (1); and
(II)
added
a detailed timeline to achieve the intended force structure and posture described in clause (i).
(ii)
added
The specific cost estimates required by clause (i)(I) shall, to the maximum extent practicable, include the following:
(I)
added
With respect to procurement accounts—
(aa)
added
amounts displayed by account, budget activity, line number, line item, and line item title; and
(bb)
added
a description of the requirements for each such amount.
(II)
added
With respect to research, development, test, and evaluation accounts—
(aa)
added
amounts displayed by account, budget activity, line number, program element, and program element title; and
(bb)
added
a description of the requirements for each such amount.
(III)
added
With respect to operation and maintenance accounts—
(aa)
added
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(bb)
added
a description of the specific manner in which each such amount would be used.
(IV)
added
With respect to military personnel accounts—
(aa)
added
amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(bb)
added
a description of the requirements for each such amount.
(V)
added
With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
(VI)
added
With respect to any expenditure or proposed appropriation not described in subclauses (I) through (V), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code.
(iii)
added
A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States European Command with the amounts contained in the budget display for the applicable fiscal year.
(3)
added
Form— The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified summary.
(b)
added
Briefing required— Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under subsection (a), including their assessments of the feasibility and advisability of the plan required by subsection (a)(2)(F).
Sec. 1301
Allied contributions to United States force posture on NATO’s eastern flank
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the United States remains steadfast in its ironclad commitment to the North Atlantic Treaty Organization (NATO) as the foundation of transatlantic security and to upholding its obligations under the North Atlantic Treaty, including its commitment to collective defense under Article 5 of the Treaty;
(2)
added
at this time, United States forces stationed in and deployed to NATO’s eastern flank remain critical to conventional deterrence and defense on the European continent; and
(3)
added
NATO allies should strengthen the alliance by contributing further to the costs associated with the alliance’s force posture on NATO’s eastern flank, including United States forces stationed in and deployed to other allied countries, not solely within their own national borders, using the authorities of section 2350j of title 10, United States Code, as amended by subsection (b).
(b)
added
Amendments— Section 2350j of title 10, United States Code, is amended—
(1)
added
in subsection (b), by inserting “another country or” before “a regional organization”;
(2)
added
in subsection (c)—
(A)
added
in the matter preceding paragraph (1), by inserting before the colon at the end the following: “, to be allocated as the country or regional organization making the contribution may specify”;
(B)
added
in paragraph (1), by adding at the end before the period the following: “in the host nation or another country”;
(C)
added
in paragraph (2), by adding at the end before the period the following: “in the host nation or another country”;
(D)
added
in paragraph (3), by adding at the end before the period the following: “in the host nation or another country”; and
(E)
added
by adding at the end the following:
added
“(4) Sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.”
(3)
added
by redesignating subsection (f) as subsection (g);
(4)
added
by inserting after subsection (e) the following:
added
“(f) Limitation on availability of contributions for costs of military construction projects—The authority to provide for the payment of military construction projects of the Department of Defense under subsection (c)(2) may be exercised only with respect to contributions accepted under subsection (a) on or after the date of the enactment of this subsection.”
(5)
added
in paragraph (2) of subsection (g) (as so amended), by amending subparagraph (E) to read as follows:
added
“(E) The amount of such burden sharing contributions expended, by eligible category, including compensation for—
added
“(i) local national employees;
added
“(ii) military construction projects;
added
“(iii) supplies and services of the Department of Defense; and
added
“(iv) sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.”
(c)
added
Definition— In this section, the term sustainment of United States armed forces—
(1)
added
means the provision of the reasonable and proper costs of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country, for fuel, transportation, force protection including cyber protection, training ammunition, utilities, medical and maintenance services, including that which is required to keep infrastructure, pre-positioned stocks, and equipment in good working order; and
(2)
added
does not include pay, allowances, and other normal benefits to which the United States forces are entitled.
Sec. 1302
Extension and modification of Ukraine Security Assistance Initiative
added
(a)
added
In general— Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
(1)
added
in subsection (c), by adding at the end the following:
added
“(7) Presidential determination—None of the amounts authorized to be appropriated by subsection (f) for a fiscal year may be obligated or expended for that fiscal year until the date on which the President submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a written determination that doing so is in the national interest of the United States.”
(2)
added
in subsection (f), by adding at the end the following:
added
“(11) For fiscal year 2026, $300,000,000.
added
“(12) For fiscal year 2027, $300,000,000.”
(3)
added
in subsection (h), by striking “December 31, 2026” and inserting “December 31, 2028”.
(b)
added
Applicability— The amendment made by subsection (a)(1) shall apply beginning with amounts authorized to be appropriated or otherwise made available for fiscal year 2026.
Sec. 1303
Extension of report relating to allied and partner support to Ukraine
added
added
Section 1243 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 460) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1), by striking “and” at the end;
(B)
added
by redesignating paragraph (2) as paragraph (3); and
(C)
added
by inserting after paragraph (1) the following:
added
“(2) all allied contributions to Jumpstart Foreign Military Sales cases or any similar initiatives; and”
(2)
added
in subsection (c), by striking “January 1, 2025” and inserting “January 1, 2027”.
Sec. 1304
Oversight of United States force posture in Europe
added
(a)
added
In general— Until the date that is 90 days after the date on which the Commander of the United States European Command and the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, have each independently submitted to the appropriate congressional committees the certifications and assessments described in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used—
(1)
added
to take any action to reduce the total number of members of the Armed Forces assigned, deployed, or allocated to the United States European Command and present in the European theater to a number less than 76,000; or
(2)
added
to divest, consolidate, or otherwise return to a host country any sites included in the real property inventory of the United States European Command as of June 1, 2025.
(b)
added
Certifications and assessments described— The certifications and assessments described in this subsection shall include the following:
(1)
added
A certification that such a reduction, divestment, consolidation, or return of forces from Europe is in the national security interests of the United States, including a justification explaining the analysis behind such certification.
(2)
added
A certification that the Secretary has consulted appropriately with North Atlantic Treaty Organization (referred to in this section as “NATO”) allies and partners regarding such a reduction, divestment, consolidation, or return.
(3)
added
An assessment of the threat the Russian Federation poses to NATO in the near-, medium-, and long-term.
(4)
added
A description of the requirements being prioritized that necessitate such a reduction, divestment, consolidation, or return.
(5)
added
An analysis of the impact of such a reduction, divestment, consolidation, or return on the security of the United States, as well as the deterrence and defense posture of NATO.
(6)
added
An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to support or execute the contingency plans of the Department of Defense, including operations—
(A)
added
conducted by the United States European Command, within the area of responsibility of the European Command; or
(B)
added
by the United States Central Command and the United States Africa Command, leveraging agreements with countries in the area of responsibility of the European Command regarding access, basing, or overflight.
(7)
added
An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to defend the homeland forward.
(8)
added
An analysis of the impact of such a reduction, divestment, consolidation, or return on military training and major military exercises, including on interoperability with NATO allies and partners.
(9)
added
A description of consultations with NATO, as well as NATO allies and partners, regarding such a reduction, divestment, consolidation, or return.
(10)
added
A plan for how the United States will coordinate with NATO to ensure that NATO can assume the capabilities and responsibilities of the members of the United States Armed Forces withdrawn as a result of such a reduction, divestment, consolidation, or return.
(11)
added
An assessment of the impact of such a reduction, divestment, consolidation, or return on transatlantic cooperation to deter the People’s Republic of China.
(c)
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2)
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(d)
added
Sunset— The limitation in subsection (a) shall terminate on September 30, 2026.
Sec. 1311
Extension and modification of Pacific Deterrence Initiative
added
(a)
added
In general— Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended—
(1)
added
by striking “the National Defense Authorization Act for Fiscal Year 2025” and inserting “the National Defense Authorization Act for Fiscal Year 2026”; and
(2)
added
by striking “fiscal year 2025” and inserting “fiscal year 2026”.
(b)
added
Report— Subsection (d)(1)(A) of such section is amended by striking “fiscal years 2026 and 2027” and inserting “fiscal years 2027 and 2028”.
(c)
added
Plan required— Subsection (e) of such section is amended by striking “fiscal years 2026 and 2027” and inserting “fiscal years 2027 and 2028”.
Sec. 1312
Extension of authority to transfer funds for Bien Hoa dioxin cleanup
added
added
Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3955) is amended by striking “fiscal year 2025” and inserting “fiscal year 2026”.
Sec. 1313
Taiwan Security Cooperation Initiative
added
added
Subsection (d) of section 1323 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
(1)
added
by striking “Of the amounts” and inserting the following:
added
“(1) Of the amounts”
(2)
added
by adding at the end the following:
added
“(2) Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a).”
Sec. 1314
Extension of deterrence pilot program
added
added
Section 1314(c) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 311 note) is amended by striking “December 31, 2027” and inserting “December 31, 2030”.
Sec. 1315
Strategy to strengthen multilateral deterrence in the Indo-Pacific
added
(a)
added
In general— The Secretary of Defense shall implement a strategy to strengthen multilateral deterrence against regional aggression in the Indo-Pacific region by expanding multilateral coordination with United States allies and partners in the region, with particular emphasis on Japan, the Philippines, and Australia, including through enhancing multilateral access and basing agreements, command and control structures, intelligence-sharing, and exercises and operations.
(b)
added
Strategy requirements— The strategy required by subsection (a) shall describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense to—
(1)
added
leverage reciprocal access agreements between the United States and its Indo-Pacific allies and partners, particularly Japan, the Philippines, and Australia, to expand regional access for these and other allied and partner militaries, including for purposes of enhancing interoperability at locations across the Indo-Pacific region, prepositioning munitions stockpiles, and jointly supporting and leveraging shared facilities, operational access, and infrastructure;
(2)
added
improve command and control structures enabling enhanced multilateral coordination with Indo-Pacific allies and partners, including through the Combined Coordination Center in the Philippines, the joint force headquarters of the United States in Japan, and a potential combined coordination structure in Australia;
(3)
added
expand intelligence-sharing and maritime domain awareness among the United States and Indo-Pacific allies and partners, including through the Bilateral Intelligence Analysis Cell in Japan and the Combined Coordination Center in the Philippines; and
(4)
added
expand the scope and scale of multilateral military exercises and operations in the region, particularly among the United States, Japan, Australia, and the Philippines, including more frequent combined maritime operations through the Taiwan Strait and in the South China Sea.
(c)
added
Submission; interim report—
(1)
added
Submission of strategy— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the strategy required by subsection (a), including an identification of any changes to funding or policy required to strengthen multilateral deterrence among the United States and allies and partners in the Indo-Pacific against regional aggression.
(2)
added
Interim report on implementation— Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the Department’s ability to execute the strategy.
Sec. 1316
Sense of Congress on defense alliance and partnership with South Korea
added
added
It is the sense of Congress that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People’s Republic of China, including by—
(1)
added
reinforcing the United States alliance with South Korea;
(2)
added
maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea;
(3)
added
enhancing mutual defense base cooperation; and
(4)
added
affirming the United States extended deterrence commitment using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula.
Sec. 1401
Working capital funds
added
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
Sec. 1402
Chemical agents and munitions destruction, defense
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b)
added
Use— 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).
Sec. 1403
Drug interdiction and counter-drug activities, defense-wide
added
added
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Sec. 1404
Defense Inspector General
added
added
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Sec. 1405
Defense Health Program
added
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
Sec. 1411
Extension of authorities for funding and management of joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois
added
(a)
added
In general— Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 1421(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2129), is amended by striking “September 30, 2026” and inserting “September 30, 2027”.
(b)
added
Authority for transfer of funds— Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $162,500,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(c)
added
Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Sec. 1412
Amendment to National Defense Stockpile shortfall briefings
added
(a)
added
In general— Section 14(f)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(f)(2)) is amended—
(1)
added
by amending subparagraph (A) to read as follows:
added
“(A) a list of the materials described in such paragraph and, for each such material—
added
“(i) a description of the material;
added
“(ii) the priority of the material; and
added
“(iii) the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall of such material in the stockpile;”
(2)
added
in subparagraph (B), by striking “and” at the end;
(3)
added
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(4)
added
by adding at the end the following new subparagraphs:
added
“(D) verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10, United States Code);
added
“(E) the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year;
added
“(F) a description of any progress or mitigation plans based on recommendations to address such shortfall that were made in reports submitted under subsection (a) prior to such briefing;
added
“(G) a description of the risks resulting from the inability of the armed services to provide comprehensive data for all strategic and critical materials;
added
“(H) the cost to remedy all such shortfalls; and
added
“(I) the cost to remedy such shortfalls for such materials that are a priority.”
(b)
added
Implementation briefing— Not later than February 1, 2026, the Secretary of Defense and the Director of the Defense Logistics Agency shall jointly provide to congressional defense committees a briefing on the progress of implementing the recommendations in the report of the Government Accountability Office titled “National Defense Stockpile: Actions Needed to Improve DOD’s Efforts to Prepare for Emergencies” and dated September 10, 2024 (GAO-24-106959), including—
(1)
added
the specific actions taken to implement such recommendations;
(2)
added
an explanation of any obstacles to implementing such recommendations;
(3)
added
a description of any planned actions to implement such recommendations; and
(4)
added
for each such recommendation not fully implemented as of the date of such briefing, an estimate of the date on which such recommendation will be fully implemented.
Sec. 1413
Beginning balances of the Defense Logistics Agency Working Capital Fund for audit purposes
added
added
For purposes of an audit conducted under chapter 9A of title 10, United States Code, of the Defense Logistics Agency Working Capital Fund established pursuant to section 2208 of title 10, United States Code, Working Capital Funds—
(1)
added
the Fund Balance with Treasury opening balance for October 1, 2024, for United States Standard General Ledger Account 101000 is $3,483,483,641.67, as recorded in official accounting records;
(2)
added
the Unexpended Appropriations–Cumulative opening balance for October 1, 2024, for United States Standard General Ledger Account 310000 is $883,887,145.71, as recorded in official accounting records;
(3)
added
the Cumulative Results of Operations opening balance for October 1, 2024, for United States Standard General Ledger Account 331000 is $27,271,547,121.85, as recorded in official accounting records;
(4)
added
the Contract Authority Carried Forward opening balance for October 1, 2024, for United States Standard General Ledger Account 413900 is $13,130,151,985.39, as recorded in official accounting records;
(5)
added
the Total Actual Resources–Collected opening balance for October 1, 2024, for United States Standard General Ledger Account 420100 is $3,578,944,883.86, as recorded in official accounting records; and
(6)
added
the Unapportioned–Unexpired Authority opening balance for October 1, 2024, for United States Standard General Ledger Account 445000 is $507,354,134.72, as recorded in official accounting records.
Sec. 1414
Authorization of appropriations for Armed Forces Retirement Home
added
added
There is hereby authorized to be appropriated for fiscal year 2026 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.
Sec. 1501
Accountability of the Authorization to Operate processes
added
added
Section 1522 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 2223 note) is amended—
(1)
added
in subsection (b)(2)—
(A)
added
in subparagraph (C), by striking “and” at the end;
(B)
added
in subparagraph (D), by striking the period at the end and inserting a semicolon; and
(C)
added
by adding at the end the following new subparagraphs:
added
“(E) defines Department of Defense-wide, mandatory timelines for activities performed by authorizing officials with respect to an Authorization to Operate for cloud-hosted platforms, services, and applications; and
added
“(F) establishes processes and policies, developed in coordination with the Chief Information Officers of the military departments, for the boards established in subsections (c) and (d).”
(2)
added
by redesignating subsections (c) and (d) as subsections (e) and (g), respectively;
(3)
added
by inserting after subsection (b) the following new subsections:
added
“(c) Establishment of Authority-to-Operate Expedited Appeals Board for the Department of Defense
added
“(1) In general—Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the “Authority-to-Operate Expedited Appeals Board”.
added
“(2) Responsibilities
added
“(A) In general—The board established under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.
added
“(B) Submission—A relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
added
“(i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; and
added
“(ii) as of the date of such submission, such authorizing official has not made a final decision with respect to such Authorization to Operate.
added
“(C) Authorizing official authority—Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
added
“(3) Submission for consideration—The Secretary of Defense shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established under paragraph (1) a request for a decision under paragraph (2).
added
“(4) Board requirements
added
“(A) Membership—The board established under paragraph (1) shall be composed of the following members:
added
“(i) The Chief Information Officer of the Department of Defense.
added
“(ii) The Commander of the United States Cyber Command.
added
“(iii) The Director of the Defense Information Systems Agency.
added
“(iv) Any other official determined appropriate by the chair of such board.
added
“(B) Chair—The chair of the board established under paragraph (1) shall be the Chief Information Officer of the Department of Defense.
added
“(C) Frequency—The board established under paragraph (1) shall meet not less than frequently than quarterly.
added
“(5) Existing forum
added
“(A) In general—The Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if—
added
“(i) the body so designated is in existence as of the date of the enactment of this subsection: and
added
“(ii) the responsibilities of such body relate to managing risks for information technologies.
added
“(B) Effects—If the Secretary of Defense designates a body under subparagraph (A)—
added
“(i) paragraph (1) shall not apply with respect to the Secretary; and
added
“(ii) such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
added
“(C) Dissolution—If the body designated by the Secretary of Defense under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in the Department of Defense to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.
added
“(d) Establishment of Authority-to-Operate Expedited Appeals Board for the military departments
added
“(1) In general—Not later than 180 days after enactment of this Act, each Secretary of a military department shall establish in such military department a board.
added
“(2) Responsibilities
added
“(A) In general—Each board established in a military department under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.
added
“(B) Submission—A relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
added
“(i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board;
added
“(ii) the Authorization to Operate is for an information system of such military department; and
added
“(iii) as of the date of such submission, the authorizing official for such Authorization to Operate has not made a final decision with respect such Authorization to Operate.
added
“(C) Authorizing official authority—Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
added
“(3) Submission capability—The Secretary concerned for a military department shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established in such military department under paragraph (1) a request for a decision under paragraph (2).
added
“(4) Board requirements
added
“(A) Membership—A board established in a military department under paragraph (1) shall be composed of the following members:
added
“(i) The Chief Information Officer of such military department.
added
“(ii) The service acquisition executive of such military department.
added
“(iii) The commanders of the relevant service cyber components.
added
“(iv) Any other official determined appropriate by the chair of such board.
added
“(B) Chair—The chair of a board established in a military department under paragraph (1) shall be the Chief Information Officer of such military department.
added
“(C) Frequency—Each board established under paragraph (1) shall meet not less than frequently than quarterly.
added
“(5) Existing forum
added
“(A) In general—The Secretary of a military department may designate a body in such military department to carry the responsibilities of described in paragraph (2) if—
added
“(i) the body so designated is in existence as of the date of the enactment of this subsection: and
added
“(ii) the responsibilities of such body relate to managing risks for information technologies.
added
“(B) Effects—If the Secretary of a military department designates a body under subparagraph (A)—
added
“(i) paragraph (1) shall not apply with respect to such Secretary; and
added
“(ii) such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
added
“(C) Dissolution—If the body designated by the Secretary of a military department under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in such military department to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.”
(4)
added
by inserting after subsection (e), as so redesignated, the following new subsection:
added
“(f) Biannual report
added
“(1) In general—Not later than six months after the date of the enactment of this subsection, and every six months thereafter under October 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on activities under this section in the six-month period ending on the date of the submission of such report.
added
“(2) Contents—Each report required under paragraph (1) shall include, for the period covered by such report—
added
“(A) the number of new Authorizations to Operate;
added
“(B) the number of Authorizations to Operate evaluated;
added
“(C) the number of requests for Authorizations to Operate that were denied;
added
“(D) the number of requests for Authorizations to Operate submitted to the board established under subsection (c);
added
“(E) the number of requests for Authorizations to Operate resolved by the board established under subsection (c);
added
“(F) the number of requests for Authorizations to Operate submitted to a board established under subsection (d);
added
“(G) the number of requests for Authorizations to Operate resolved by a board established under subsection (d);
added
“(H) the average length of time required for a capability to receive an Authorization to Operate in accordance with the organization’s implementation of the risk management framework publish by the National Institution of Standards and Technology in NIST Special Publication 800-37, or any amendatory or superseding document thereto;
added
“(I) the number of Authorizations to Operate issued pursuant to the policy required by subsection (b);
added
“(J) the number of requested reciprocal Authorizations to Operate denied due to insufficiency of supporting evidence; and
added
“(K) a narrative summary identifying deficiencies in Bodies of Evidence packages that prevented an authorizing official from adopting the security analysis and artifacts, as appropriate, of a cloud-hosted platform, service, or application that has already been authorized by another authorizing official in the Department of Defense in accordance with the policy required by subsection (b).”
Sec. 1502
Codification of the National Centers of Academic Excellence in Cybersecurity
added
(a)
added
Management of the National Centers of Academic Excellence in Cyber—
(1)
added
In general— The Director of Cyber Academic Engagement Office shall manage the National Centers of Academic Excellence in Cyber program.
(2)
added
Responsibilities— In managing the Program, the Director shall—
(A)
added
consult with the Director of the National Security Agency, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Director of the National Institute of Standards and Technology, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation, to ensure that the cyber education programs and educational resource development efforts and programs of the Federal Government do not compete or conflict with each other;
(B)
added
consult with the heads of other appropriate Federal agencies and representatives of appropriate private sector entities, academic institutions, and other organizations as determined necessary by the Director to make the designations under subsection (b); and
(C)
added
manage instructional and participatory opportunities available through the efforts, programs, initiatives, and investments from primary through postsecondary levels accounted for in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1758).
(1)
added
In general— In addition the responsibilities under subsection (a)(2), in carrying out the Program, the Director shall designate academic institutions as National Centers of Academic Excellence in one or more of cyber defense, cyber operations, and cyber research.
(2)
added
Criteria— The Director shall make the designations under paragraph (1) based on the following:
(A)
added
Academic requirements and best practices identified by the Director in consultation with Departments and Agencies enabling the development of educational programs reflecting the full range of cyber work roles specified in the Defense Cyber Workforce Framework, the National Initiative on Cyber Education Workforce Framework for Cyber published by the National Institute of Standards and Technology in NIST Special Publication 800–181, Revision 5, or any successor framework.
(B)
added
Institutional criteria and requirements emphasizing the following:
(i)
added
Outreach to the surrounding community of an eligible academic institution.
(ii)
added
Leadership in contributing to the development of a national cyber workforce, including cultivating educational institution faculty and research leaders.
(iii)
added
Leadership in the development of educational and performance expectations for cyber professionals, including through curriculum and degree offerings to prepare future cyber professionals of all knowledge and skill levels.
(iv)
added
Demonstrated commitment to implementing cyber best practices within the eligible academic institution across academic disciplines.
(v)
added
Demonstrated commitment to seek solutions to challenges in addressing Federal, State, local, territorial, and Tribal level Cyber education needs.
(vi)
added
Regional accreditation from one of the six regional accrediting agencies recognized by the Federal Department of Education providing external review to assure quality and ongoing improvement.
(C)
added
Increasing collaboration within the cyber education community to support development and sharing of educational materials and curriculum.
(D)
added
Increasing collaboration with private sector entities and government employers at the Federal, State, local, territorial, and Tribal levels to further define workforce requirements and assist in defining academic requirements to prepare students for the field of cyber.
(c)
added
Metrics and reporting—
(1)
added
Metrics— The Director shall—
(A)
added
collaborate with the individuals described in subsection (a)(2)(A) to identify metrics and annual data reporting requirements necessary to assess the degree to which the Program is meeting the objectives of the Program; and
(B)
added
ensure adequate data and best practices are made available to the individuals described in subsection (a)(2)(A) to measure the efficacy of the Program and the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the Program and sponsors of the Program.
(2)
added
Annual report— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director shall submit to Congress a report on the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the program and sponsors of the Program.
(d)
added
Definitions— In this section:
(1)
added
The term “academic institution” means an eligible and current United States community college, college, academy, institute, or university in the United States for designation under the Program.
(2)
added
The term “Cyber Academic Engagement Office” means the office established under section 2192c(a) of title 10, United States Code.
(3)
added
The term “Director” means the Director of the Cyber Academic Engagement Office.
(4)
added
The term “Program” means the National Centers of Academic Excellence in Cyber program.
Sec. 1503
Assessment of Cyber Operational Support to geographic combatant commands
added
(a)
added
Reports— Not later than one year after the date of the enactment of this Act, each commander of a unified combatant command, other than the Commander of the United States Cyber Command, shall submit to the congressional defense committees a report assessing the sufficiency of support provided by the Commander of United States Cyber Command in carrying out the mission of such unified combatant command.
(b)
added
Elements— Each report submitted by a commander of a unified combatant command under subsection (a) shall include an evaluation of—
(1)
added
the ability of the United States Cyber Command and the service cyber components to provide to such combatant command capabilities that align with the operational requirements of such commander, including capabilities to support such commander acting with respect to targets on the joint integrated prioritized target list of such commander; and
(2)
added
such other matters as determined appropriate by such commander.
Sec. 1504
Limitation on the divestment, consolidation, and curtailment of certain electronic warfare test and evaluation activities
added
(a)
added
Prohibition— The Secretary of the Army shall not take any action to divest, consolidate, or curtail any electronic warfare test and evaluation activities that were part of an Army element of the Major Range and Test Facility Base on or before the date of the enactment of this Act until the Secretary submits to the congressional defense committees the report described in subsection (b).
(b)
added
Report— The report described in this subsection is a report on a decision of the Secretary to divest, consolidate, or curtail an electronic warfare test or evaluation activity described in subsection (a) that contains the following:
(1)
added
A description of the analytic basis used by the Secretary for making the decision, including matters relating to any cost, workload, and workforce requirements, as well as any analysis relating to operational impact on users of the activities.
(2)
added
The findings from an independent review by the Director of the Office of Cost Assessment and Program Evaluation of all analyses described in paragraph (1).
(3)
added
A certification by the Director of the Test Resource Management Center that the analyses described in paragraph (1) and the decision of the Secretary meet the requirement of the Department of Defense, as required by section 4173(c)(1)(B) of title 10, United States Code.
Sec. 1505
Incentivization plan for critical skills for members of the Armed Forces to carry out Department of Defense cyber operations
added
(a)
added
Plan required— The Secretary of Defense, in consultation with the Commander of the United States Cyber Command, shall develop and implement a plan to incentivize critical skills and proficiencies for covered members of the Armed Forces required to carry out Department of Defense cyber operations.
(b)
added
Elements— The plan required under subsection (a) shall include the following:
(1)
added
An identification of critical skills and proficiencies required by covered members of the Armed Forces to carry out Department of Defense cyber operations.
(2)
added
A process for reassessment of critical skills and identification of lessons learned with respect to such operations.
(3)
added
An identification of skill sets related to such operations that should require periodic recertification.
(4)
added
Estimated personnel levels required for each skill set and proficiency related to such operations.
(5)
added
A process for identifying personnel levels and skills of covered members of the Armed Forces that may be useful for such operations.
(6)
added
A process for providing continuation or certification pay for each skill set needed for such operations.
(7)
added
An anticipated budget for incentives to be used with—
(A)
added
the level of cyber operations personnel as of the date of the enactment of this Act; and
(B)
added
a level of cyber operations personnel that the Secretary considers to be full capacity.
(c)
added
Report— Not later than March 1, 2026, the Secretary of the Defense shall submit to the congressional defense committees a report containing the plan required under subsection (a).
(d)
added
Covered members of the Armed Forces defined— In this section, the term “covered members of the Armed Forces” means members of the Army, Navy, Air Force, Marine Corps, and Space Force.
Sec. 1506
Evaluation of Joint Task Force-Cyber for the Indo-Pacific Area of responsibility
added
(a)
added
Evaluation— Not later than July 1, 2026, the Secretary of Defense, acting through the Assistant Secretary of Defense for Cyber Policy, in collaboration with the Vice Chairman of the Joint Chiefs of Staff, the Commander of United States Cyber Command, and the Commander of United States Indo-Pacific Command, shall conduct a comprehensive evaluation and provide recommendations on establishing a Joint Task Force-Cyber for the Indo-Pacific Command area of responsibility.
(b)
added
Evaluation requirements— The evaluation required under subsection (a) shall include the following:
(1)
added
An assessment of cyber force employment requirements and capabilities for the Indo-Pacific Command area of responsibility.
(2)
added
An assessment of the operational requirements for Joint Task Force-Cyber elements in each geographic combatant command area of operations.
(3)
added
An analysis of the optimal command and control structures for the elements of Joint Task Force-Cyber, including—
(A)
added
the designation of Joint Task Force Establishing Authority described in Joint Publication 3-33 of the Joint Task Force Headquarters (January 31, 2018);
(B)
added
the alignment of operational control and tactical control authorities over subordinate forces assigned to Joint Task Force-Cyber; and
(C)
added
concurrent Joint Task Force Establishing Authority management structures between United States Cyber Command and the United States Indo-Pacific Command.
(4)
added
An assessment of force structure requirements, including—
(A)
added
the subordinate forces to be assigned to each planned element of Joint Task Force-Cyber, including—
(i)
added
Joint Forces Headquarters Cyber of the Navy;
(ii)
added
Joint Task Force Ares;
(iii)
added
Task Force Two of the Cyber National Mission Force; and
(iv)
added
Forward Information Warfare Command Pacific of the Navy;
(B)
added
the personnel and resources required to carry out the mission of Joint Task Force-Cyber; and
(C)
added
sources of personnel required to meet such personnel requirements.
(5)
added
An evaluation of the integration and sustainment of cyber capabilities and effects.
(6)
added
An identification of supporting infrastructure requirements for the Indo-Pacific Command to conduct cyber activities in support of the military objects of the Indo-Pacific Command.
(7)
added
A description of potential missions and lines of effort for elements of Joint Task Force-Cyber.
(8)
added
Such other matters as the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff determine appropriate.
(c)
added
Implementation plan for Joint Task Force-Cyber— The evaluation required under subsection (a) shall include a comprehensive implementation plan for establishing Joint Task Force-Cyber for the United States Indo-Pacific Command area of responsibility that is based, as determined appropriate, on the findings of such evaluation.
(d)
added
Report— Not later than July 1, 2026, the Assistant Secretary of Defense for Cyber Policy, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command shall jointly submit to the Secretary of Defense and the congressional defense committees a report containing—
(1)
added
the results of the evaluation required under subsection (a);
(2)
added
the implementation plan required under subsection (c);
(3)
added
the views from each of the geographic combatant commands regarding the findings of such evaluation and such implementation plan; and
(4)
added
recommendations for legislative or administrative actions required to implement such implementation plan.
Sec. 1511
Annual report on weapon systems data accessibility and security
added
(a)
added
In general— Not later than April 30, 2026, and annually thereafter until September 30, 2030, the Secretary of Defense, in coordination with the Secretary of the Army, Secretary of the Navy, and Secretary of the Air Force, shall submit to the congressional defense committees a report analyzing the weapons platforms of the Department of Defense that lack onboard, real-time cybersecurity capabilities.
(b)
added
Elements— Each annual report submitted under subsection (a) shall include, for each weapons platform analyzed in such report, the following:
(1)
added
An explanation of why onboard, real-time cybersecurity capabilities have not yet been integrated into such weapons platform.
(2)
added
An estimate of the cost to implement onboard, real-time cybersecurity capabilities into such weapons platform to enable monitoring and detection of cyber intrusions.
(3)
added
A timeline, correlated with the cost estimate required under paragraph (2), to implement onboard, real-time cybersecurity capabilities across the entire inventory of the Department of Defense of such weapons platform.
(c)
added
Onboard, real-time cybersecurity capabilities defined— In this section, “onboard, real-time cybersecurity capabilities” means technologies integrated into a weapons platform that mitigate cyber risks to operation, including serial bus monitoring capabilities or runtime application self-protection capabilities.
Sec. 1512
Incorporation of artificial intelligence considerations into annual cybersecurity training
added
(a)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall revise the mandatory annual training on cybersecurity for members of the Armed Forces and civilian employees of the Department of Defense to include content related to the unique cybersecurity challenges posed by the use of artificial intelligence.
(b)
added
Briefings— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the training described in subsection (a) has been revised as required by such subsection, the Chief Information Officer of the Department of Defense shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress of such revision.
Sec. 1513
Update to cyber security requirements for telecommunications contracts
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall implement regulations requiring that each covered telecommunications contract includes updated cyber security requirements for Department wireless telecommunication devices to protect against domestic and international cybersecurity attacks, including SS7 signaling attacks, diameter signaling attacks, SIM hacking, and simulated cellular sites.
(b)
added
Elements— The cyber security requirements required to be included in covered telecommunication contracts under subsection (a) shall include the following:
(1)
added
Disabling the use of 2G and 3G telecommunication networks by Department wireless telecommunication devices, and security vulnerabilities in inbound and outbound Signaling System 7 traffic from foreign countries and operators of foreign telecommunications networks.
(2)
added
Providing protection against all categories of Diameter protocol exploitation, including Category 0 non-application information, Category 1 application ID and command codes, Category 2 application-specific values, and Category 3 location and time.
(3)
added
Enabling and facilitating rotation of traditionally persistent alphanumeric identifiers used to authentic users, including the international mobile subscriber identity for users, including the international mobile subscriber identity.
(4)
added
Real-time monitoring and blocking of suspicious connections and requests that pose a high risk to cybersecurity, including any connection or request that would force a Department wireless telecommunication device to use a 3G telecommunication network, improperly filtered signaling traffic, and connections or requests that do not match the location of the subscriber, as well as real-time alerting when a user of Department wireless telecommunication device is targeted by a high-risk connection or request.
(5)
added
Encrypting data and call sessions, encrypting call data records in storage, and storing call data records not longer than 60 days.
(6)
added
Apply modern cryptographic protections to prevent the ability to transfer phone numbers between devices and disabling user requests to transfer phone numbers between devices.
(7)
added
Hosting the software infrastructure for the mobile network in a commercial cloud computing environment and making publicly available quarterly cybersecurity audits conducted by independent auditors on behalf of the Department of Defense.
(c)
added
Certification— Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall certify to the congressional defense committees that the Secretary of the Navy has implemented the regulations required by subsection (a).
(d)
added
Definitions— In this section:
(1)
added
The term “covered telecommunications contract” means a contract—
(A)
added
that is entered into under the multiple award contract (as defined in section 3302(a) of title 41, United States Code) described in the memorandum of the Department of Defense entitled “DoD UNCLASSIFIED Wireless Mobile Services and Devices Spiral 4” and dated May 23, 2024; or
(B)
added
under which the Navy acquires wireless telecommunication services or devices.
(2)
added
The term “Department wireless telecommunication device” means a wireless telecommunication device—
(A)
added
acquired under a covered telecommunications contract; or
(B)
added
that is using wireless telecommunication services under a covered telecommunications contract.
Sec. 1514
Federal contractor vulnerability disclosure policy
added
(a)
added
Recommendations—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Director of the National Institute of Standards and Technology, and any other appropriate head of an Executive department, shall—
(A)
added
review the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs; and
(B)
added
recommend updates to such requirements and language to the Federal Acquisition Regulation Council.
(2)
added
Contents— The recommendations required by paragraph (1) shall include updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; Public Law 116–207).
(b)
added
Procurement requirements— Not later than 180 days after the date on which the recommended contract language developed pursuant to subsection (a) is received, the Federal Acquisition Regulation Council shall review the recommended contract language and update the FAR as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract.
(c)
added
Elements— The update to the FAR pursuant to subsection (b) shall—
(1)
added
to the maximum extent practicable, align with the security vulnerability disclosure process and coordinated disclosure requirements relating to Federal information systems under sections 5 and 6 of the IoT Cybersecurity Improvement Act of 2020 (Public Law 116–207; 15 U.S.C. 278g–3c and 278g–3d); and
(2)
added
to the maximum extent practicable, be aligned with industry best practices and Standards 29147 and 30111 of the International Standards Organization (or any successor standard) or any other appropriate, relevant, and widely used standard.
(d)
added
Waiver— The head of an agency may waive the security vulnerability disclosure policy requirement under subsection (b) if—
(1)
added
the agency Chief Information Officer determines that the waiver is necessary in the interest of national security or research purposes; and
(2)
added
if, not later than 30 days after granting a waiver, such head submits a notification and justification (including information about the duration of the waiver) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(e)
added
Department of defense supplement to the federal acquisition regulation—
(1)
added
Review— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the Department of Defense Supplement to the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs and develop updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; Public Law 116–207).
(2)
added
Revisions— Not later than 180 days after the date on which the review required under subsection (a) is completed, the Secretary shall revise the DFARS as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract.
(3)
added
Elements— The Secretary shall ensure that the revision to the DFARS described in this subsection is carried out in accordance with the requirements of paragraphs (1) and (2) of subsection (c).
(4)
added
Waiver— The Chief Information Officer of the Department of Defense, in consultation with the National Manager for National Security Systems, may waive the security vulnerability disclosure policy requirements under paragraph (2) if the Chief Information Officer—
(A)
added
determines that the waiver is necessary in the interest of national security or research purposes; and
(B)
added
not later than 30 days after granting a waiver, submits a notification and justification (including information about the duration of the waiver) to the Committees on Armed Services of the House of Representatives and the Senate.
(f)
added
Definitions— In this section:
(1)
added
The term agency has the meaning given the term in section 3502 of title 44, United States Code.
(2)
added
The term covered contractor means a contractor (as defined in section 7101 of title 41, United States Code)—
(A)
added
whose contract is in an amount the same as or greater than the simplified acquisition threshold; or
(B)
added
that uses, operates, manages, or maintains a Federal information system (as defined by section 11331 of title 40, United Stated Code) on behalf of an agency.
(3)
added
The term DFARS means the Department of Defense Supplement to the Federal Acquisition Regulation.
(4)
added
The term Executive department has the meaning given that term in section 101 of title 5, United States Code.
(5)
added
The term FAR means the Federal Acquisition Regulation.
(6)
added
The term NIST means the National Institute of Standards and Technology.
(7)
added
The term OMB means the Office of Management and Budget.
(8)
added
The term security vulnerability has the meaning given that term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(9)
added
The term simplified acquisition threshold has the meaning given that term in section 134 of title 41, United States Code.
Sec. 1521
Biological data for artificial intelligence
added
(a)
added
AI accessibility to qualified biological data resources—
(1)
added
In general— Not later than one year after the enactment of this Act, the Secretary of Defense shall develop and implement requirements that ensure qualified biological data resources created by research entirely funded by the Department of Defense are collected and stored in a manner that facilitates the use of such qualified biological data resources for advanced computational methods, including artificial intelligence.
(2)
added
Rules of requirements— The requirements implemented under subsection (a) shall include the following:
(A)
added
A definition of the term qualified biological data resource for the purposes of such requirements, which shall be based on one or more of the following criteria:
(i)
added
The type of biological data generated.
(ii)
added
The size of collection of such biological data.
(iii)
added
The amount of Federal funds awarded to the research that created such qualified biological data resource.
(iv)
added
The level of sensitivity of the biological data generated.
(v)
added
Any other factor determined appropriate by the Secretary of Defense.
(B)
added
Guidance on the metrics and metadata included under such requirements to indicate data quality, including usability, interoperability, and completeness.
(C)
added
Requirements for tiered levels of cybersecurity safeguards and access controls for the storage of biological data.
(D)
added
Exceptions to such requirements, including for biological data that may implicate national security.
(E)
added
Requirements for the protection of the privacy of individuals.
(b)
added
Consultation— In developing and implementing the requirement under subsection (a), the Secretary shall consult with the Secretaries of the Armed Forces, the heads of the research laboratories of each of the Armed Services, and private sector and academia recipients of funding for research from the Department of Defense to ensure that such requirements are not overly burdensome.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the progress made in developing and implementing the requirements under subsection (a), including—
(1)
added
the quantity of the biological data generated and stored in accordance with such requirement and accessible through application programming interfaces;
(2)
added
user engagement with biological data in accordance with such requirements.
Sec. 1522
Procurement of best-in-class cyber data products and services
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish an open and competitive process pursuant to section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) to provide best-in-class cybersecurity solutions (including endpoint, identity, and threat hunting solutions) and the benefits associated with the use of multiple different cybersecurity providers to support operational resilience of Department of Defense information networks.
Sec. 1531
Artificial intelligence and machine learning security in the Department of Defense
added
(a)
added
Cybersecurity policy for artificial intelligence and machine learning use—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall develop and implement a Department-wide policy for the cybersecurity and governance of artificial intelligence and machine learning, as well as the models for artificial intelligence and machine learning used in national defense applications.
(2)
added
Policy elements— The policy required under paragraph (1) shall address the following:
(A)
added
Protection against security threats specific to artificial intelligence and machine learning, including model serialization attacks, model tampering, data leakage, adversarial prompt injection, model extraction, model jailbreaks, and supply chain attacks.
(B)
added
Use of cybersecurity measures throughout the life cycle of systems using artificial intelligence or machine learning.
(C)
added
Adoption of industry-recognized frameworks to guide the development and implementation of artificial intelligence and machine learning security best practices.
(D)
added
Standards for governance, testing, auditing, and monitoring of systems using artificial intelligence and machine learning to ensure the integrity and resilience of such systems.
(E)
added
Training requirements for the workforce of the Department of Defense to ensure personnel are prepared to identify and mitigate vulnerabilities that are specific to artificial intelligence and machine learning.
(3)
added
Review and report—
(A)
added
Review— The Secretary of Defense shall conduct a comprehensive review to identify and assess the effectiveness of the artificial intelligence and machine learning cybersecurity and governance practices of the Department of Defense.
(i)
added
In general— Not later than August 31, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of the review conducted under subparagraph (A).
(ii)
added
Contents— The report required under clause (i) shall include—
(I)
added
an assessment of the current security practices for artificial intelligence and machine learning across the Department of Defense;
(II)
added
an assessment of the cybersecurity risks posed by the use of authorized and unauthorized artificial intelligence software, including models developed by companies headquartered in or operating from foreign countries of concern, by the Department;
(III)
added
an identification of gaps in the existing security measures of the Department related to threats specific to the use of artificial intelligence and machine learning;
(IV)
added
an analysis of the potential of security management, access, and runtime capabilities for artificial intelligence in the commercial sector for use by the Department to defend system using artificial intelligence from threats, minimize data exposure resulting from the use of such systems, and maintain the trustworthiness of applications of the Department that use artificial intelligence;
(V)
added
an evaluation of the alignment of the policies of the Department with industry frameworks;
(VI)
added
recommend actions to enhance the security, integrity, and governance of artificial intelligence and machine learning models used by the Department; and
(VII)
added
an identification of any additional authorities, resources, or legislative actions required for the Department to effectively implement artificial intelligence and machine learning model security policy required by paragraph (1).
(b)
added
Bill of materials for artificial intelligence—
(1)
added
In general— Any policy, regulation, guidance, or requirement issued by the Department of Defense relating to the use, submission, or maintenance of a software bill of materials shall also apply to an artificial intelligence software bill of materials, to the extent practicable, for all artificial intelligence systems, models, and software used, developed, or procured by the Department.
(2)
added
Implementation and oversight— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer of the Department of Defense and Chief Information Officer of the Department of Defense, shall revise the regulations, guidance, and policies of the Department of Defense to comply with paragraph (1), including guidance and standards for artificial intelligence software bill of materials, in accordance with the best practices for software bill of materials.
(3)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—
(A)
added
the status of the implementation of requirements for artificial intelligence software bill of materials under this subsection, including challenges, recommendations, and potential legislative or regulatory modifications needed to enhance the effectiveness of such implementation;
(B)
added
the feasibility and necessity to update Department of Defense Instruction 5000.87, Operation of the Software Acquisition Pathway (October 2, 2020) and the software acquisition pathway established under section 3603 of title 10, United States Code, with requirements for artificial intelligence software bill of materials and more detailed software bill of materials in the procurement of software, hardware, artificial intelligence technologies, and cryptographic technologies; and
(C)
added
the estimated costs for the implementation of the policies for artificial intelligence software bill of materials and more detailed software bill of materials required under this subsection and described in subparagraph (B), including for any new systems or investments required to support greater implementation and adoption by the Department of Defense of artificial intelligence.
(c)
added
Definitions— In this section:
(1)
added
The terms artificial intelligence and machine learning have the meanings given such terms, respectively, in section 5001 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2)
added
The term artificial intelligence software bill of materials means the records kept in the normal course of business that identify each component, library, and dependency comprising an artificial intelligence software application.
(3)
added
The term software bill of materials means the records kept in the normal course of business that identify each component, library, and dependency comprising a software application.
Sec. 1532
Pilot program for data-enabled fleet maintenance
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary concerned for a covered armed force, in consultation with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall establish in such covered armed force a pilot program under which the covered armed force shall use commercially available artificial intelligence technologies to improve the maintenance of ground vehicles performed by such covered armed force.
(b)
added
Objectives— Under the pilot program established under subsection (a), the Secretary concerned shall—
(1)
added
assess the feasibility and effectiveness of artificial intelligence-driven approaches in improving maintenance regimes for ground vehicles;
(2)
added
assess the cost savings resulting from the use of artificial intelligence technology for the maintenance of ground vehicles; and
(3)
added
identify and mitigate potential challenges and risks associated with the integration of artificial intelligence technology for modernized maintenance of ground vehicles, including cybersecurity concerns.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, each Secretary concerned for a covered armed force shall submit to Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a) in such covered armed force.
(d)
added
Termination— The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029.
(e)
added
Definitions— In this section:
(1)
added
The term covered armed force means the Army, Navy, or Air Force.
(2)
added
The term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
Sec. 1533
Generative artificial intelligence for national defense
added
(a)
added
In general— Subject to the availability of appropriations, the Secretary of Defense shall carry out not less than two and not more than 12 generative artificial intelligence efforts to enhance the national security of the United States and the capabilities of the Department of Defense and to accelerate the adoption to generative artificial intelligence capabilities at the Department of Defense.
(b)
added
Designation of responsible organization— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate an organization in the Department of Defense which shall be responsible for managing and coordinating the efforts under subsection (a).
(c)
added
Scope— In managing the efforts under subsection (a), the head of the organization designated under subsection (b), in coordination with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands, shall evaluate how generative artificial intelligence can enhance the efficiency and improve the mission effectiveness of the Department of Defense with respect to the following:
(1)
added
Damage assessment from battlefield imagery and video.
(2)
added
Human and machine teaming interfaces.
(4)
added
Mission analysis.
(5)
added
Order of battle.
(6)
added
Mission planning.
(7)
added
Intelligence collection and analysis.
(8)
added
Any other areas the Chairman of the Joint Chiefs of Staff or the commanders of the combatant commands determine appropriate in addressing existing or anticipated mission requirements of the Department of Defense.
Sec. 1541
Modification to certification requirement regarding contracting for military recruiting
added
added
Section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 581; 10 U.S.C. 503 note) is amended by striking subsection (c).
Sec. 1542
Occupational resiliency of the Cyber Mission Force
added
(a)
added
Requirement— Beginning not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Policy, in coordination with the Principal Cyber Advisors of the military departments and the Commander of the United States Cyber Command, shall jointly carry out an initiative to understand and address occupational resiliency challenges at the duty locations of the Cyber Mission Force by ensuring that—
(1)
added
behavioral health professionals are assigned to the operating locations of United States Cyber Command and the Cyber Mission Force; and
(2)
added
each such professional holds the security clearance necessary to provide treatment to the members of the Armed Forces assigned at such duty locations.
(b)
added
Quarterly briefings— On a quarterly basis during the one-year period beginning on the date on which the initiative under subsection (a) commences, the Under Secretary of Defense for Personnel and Readiness and the Assistant Secretary of Defense for Cyber Policy shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following:
(1)
added
The status of carrying out such initiative.
(2)
added
Validation of the security clearances held by behavioral health professionals assigned under such subsection.
(3)
added
An analysis of clinical acuity being treated by such professionals.
(4)
added
Identified challenges to carrying out such initiative.
(5)
added
Efforts to improve the awareness by members of the Armed Forces assigned to the Cyber Mission Force with respect to the availability of appropriately cleared behavioral health professionals who can treat such members.
(6)
added
Any other information the Under Secretary or the Assistant Secretary determines appropriate.
(c)
added
Occupational resiliency challenges defined— In this section, the term occupational resiliency challenges means behavioral health challenges relating to an occupation and work-related stress.
Sec. 1543
Assessment of cyber-phyiscal ranges as potential National Cyber Range complexes
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report assessing the benefits and costs of designating the cyber-physical ranges of the Department of Defense as National Cyber Range complexes or providing the treatment of such cyber-physical ranges in a manner that is similar to the treatment of a National Cyber Range complex, including—
(1)
added
an assessment of whether to so designate one or more such cyber-physical ranges or to so treat such cyber-physical ranges; and
(2)
added
a plan for making such designations and a plan for so treating such cyber-physical ranges, each of which shall include—
(A)
added
the designation of an entity within the Office of the Under Secretary that is best placed to assume responsibility for the oversight, operation, and sustainment of such cyber-physical ranges;
(B)
added
the annual funding requirements for entity designated under subparagraph (A) to operate, sustain, and, if necessary, modernize such cyber-physical ranges; and
(C)
added
an estimated timeline for transitioning the management of such cyber-physical ranges to the entity designated under subparagraph (A).
(b)
added
Definitions— In this section:
(1)
added
The term “cyber-physical range” means a range that simulates a real-world environment across physical, logical and cyber-persona layers that can be used for research, development, testing, training and evaluation through the competition continuum.
(2)
added
The term “National Cyber Range complex” means an integrated cyber range capability operated by the Department of Defense Test Resource Management Center.
Sec. 1544
Report on replacement of Time Division Multiplexing lines at armories of the Air National Guard and the Army National Guard
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of the Army shall jointly submit to the Committee on Armed Services of the House of Representatives a report detailing the costs and timelines for replacing Time Division Multiplexing lines with modern communication technologies in armories of the Air National Guard and the Army National Guard.
(b)
added
Contents— The report required under subsection (a) shall include—
(1)
added
an identification of the Time Division Multiplexing lines technologies to be replaced and the replacement modern communication technologies, including the current deployment of such technologies across the Department of Defense;
(2)
added
an explanation of the costs associated with replacing Time Division Multiplexing lines technologies identified under paragraph (1), including any changes to sustainment costs, and the sources of funding to pay for such costs;
(3)
added
an assessment of the operational effects associated with the replacement described in subsection (a); and
(4)
added
the current timelines and resources allocated for such replacement.
Sec. 1601
Acquisition career path in the Space Force
added
(a)
added
Assignment after initial officer training— Chapter 908 of title 10, United States Code, is amended by adding at the end the following new section:
added
“9088. Duty assignments after officer training course
added
“(a) Requirement—The Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to—
added
“(1) an integrated mission delta;
added
“(2) the National Reconnaissance Office; or
added
“(3) an office or command within the Space Force that provides opportunities for both acquisition and operational experience during an initial duty assignment after completion of such course.
added
“(b) Report—Not later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees—
added
“(1) a certification indicating that the Secretary has complied with subsection (a); and
added
“(2) a description of the first duty assignment for each person that was a member of such class.”
(b)
added
Integrated Mission Delta Command Requirement— Such chapter 908 is further amended by adding at the end the following new section:
added
“9089. Integrated Mission Deltas: command requirement
added
“The Secretary of the Air Force shall ensure that the commander or deputy commander of each integrated mission delta of the Space Force is a member of the armed forces serving in a military occupational specialty that is primarily responsible for acquisition matters.”
(c)
added
Program Executive Officer for Assured Access— Such chapter 908 is further amended by adding at the end the following new section:
added
“9090. Program Executive Officer for Assured Access to Space
added
“(a) Establishment
added
“(1) There is a Program Executive Officer for Assured Access to Space within the Space Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Program Executive Officer serves at the pleasure of the President.
added
“(2) The Program Executive Officer for Assured Access to Space shall be appointed for a term of four years.
added
“(b) Grade—The Program Executive Officer for Assured Access to Space, while so serving, shall have the grade of brigadier general, major general, lieutenant general, or general.
added
“(c) Additional Duties—The Program Executive Officer for Assured Access to Space, while serving as the Program Executive Officer, shall also serve as the Commander of Space Launch Delta 45.”
(d)
added
Training requirements— Chapter 951 of title 10, United States Code, is amended by adding at the end the following new section:
added
“9421. Space Force officer training course requirements
added
“The Secretary of the Air Force shall ensure that the initial Space Force officer training course for officers of the Space Force provides approximately equal training in operations, intelligence, cyber, and acquisition matters.”
(e)
added
Promotion requirements—
(1)
added
In general— Section 20233 of title 10, United States Code, is amended—
(A)
added
in the heading, by striking “designation as joint qualified officer required” and inserting “requirements”;
(B)
added
in subsection (a)—
(i)
added
by striking “unless the officer has been” and inserting the following:
added
“(1) been”
(ii)
added
in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking the period and inserting a semicolon; and
(iii)
added
by adding at the end the following new paragraphs:
added
“(2) completed a duty assignment with a command or other organization that is primarily responsible for acquisition matters, as determined by the Secretary of the Air Force; and
added
“(3) completed a duty assignment with a command or other organization that is primarily responsible for operations, as determined by the Secretary of the Air Force.”
(C)
added
in subsection (b) in the matter preceding paragraph (1), by striking “subsection (a)” and inserting “subsection (a)(1)”.
(2)
added
Effective date— The amendments made by paragraph (1) shall take effect on January 1, 2029, and apply to all appointments to the grade of brigadier general on or after that date.
(f)
added
Reports— Part I of subtitle F of title 10, United States Code, is amended by adding at the end the following new chapter:
added
“2015 Reports
added
“20701. Promotion rates
added
“Not later than December 31 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the promotion rates of members of the Space Force for the preceding fiscal year. Such report shall include—
added
“(1) the number of and percentage of members of the Space Force in each grade selected for promotion;
added
“(2) the number of and percentage of members of the Space Force in each career field selected for promotion; and
added
“(3) the number of members of the Space Force who were selected for promotion to the grade of brigadier general, major general, lieutenant general, or general, disaggregated by career field.
added
“20702. Modifications to career fields and codes
added
“Not later than 60 days before the date on which a change is made to the career fields or mission occupational specialty codes for the Space Force, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
added
“(1) a description of the changes intended to be made to such career fields or mission occupational specialty codes; and
added
“(2) the plan of the Secretary to maintain the Space Force competencies and comply with requirements in law with respect to Space Force career fields and duty assignments.”
Sec. 1602
Advance payments for commercial satellite communication services
added
added
Section 3805 of title 10, United States Code, is amended—
(1)
added
in subsection (b), by striking “The head” and inserting “Except as provided by subsection (e), the head”;
(2)
added
in subsection (c), by striking “Advance” and inserting “Except as provided by subsection (e), advance”; and
(3)
added
by adding at the end the following new subsection:
added
“(e) Special rules for commercial satellite communication services
added
“(1) The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of—
added
“(A) the creditworthiness of the provider of such services; and
added
“(B) the ability of the provider to remain a going concern during the period of the advanced payment.
added
“(2) With respect to advance payments for commercial satellite communication services, subsection (c) shall be administered by substituting “100 percent” for “15 percent”.”
Sec. 1603
Noise mitigation regarding space launches
added
added
Section 2276a(c)(1) of title 10, United States Code, is amended by inserting “, including such activities relating to studying and mitigating the noise caused by launches at launch sites of the Space Force” after “vehicle”.
Sec. 1604
Tactical surveillance, reconnaissance and tracking program
added
(a)
added
Requirements of combatant commanders— The Chairman of the Joint Chiefs of Staff shall establish requirements pursuant to section 181 of title 10, United States Code, with respect to the tactical surveillance, reconnaissance and tracking program providing capabilities to meet the requirements of the commanders of the combatant commands.
(b)
added
Program of record— The Secretary of the Air Force shall establish the tactical surveillance, reconnaissance and tracking program as a program of record.
(c)
added
Tactical surveillance, reconnaissance and tracking program defined— In this section, the term tactical surveillance, reconnaissance and tracking program means the pilot program carried out by the Space Force to use commercial data and analytics to provide surveillance, reconnaissance and tracking information to the combatant commands.
Sec. 1605
Reports on Spaceport of the Future initiative
added
added
Not later than 90 days after the date of the enactment of this Act, and not later than March 1 of each of 2027 through 2031, the Secretary of the Air Force, in coordination with the Chief of Space Operations and the Assistant Secretary of the Air Force for Space Acquisition and Integration, shall submit to the congressional defense committees a report on the Spaceport of the Future initiative of the Space Force. Each such report shall include the following:
(1)
added
A list of each project being carried out under such initiative (including projects at State space launch facilities), including—
(A)
added
the status of the project;
(B)
added
the estimated completion date of the project; and
(C)
added
the total cost to complete the project.
(2)
added
An assessment of additional funding required to implement such initiative beyond the funds estimated in the most recent future-years defense program under section 221 of title 10, United States Code.
(3)
added
An assessment of including mission development zones under such initiative to promote research, development, innovation, and fielding of space and other advanced technologies adjacent to Federal and State launch ranges.
(4)
added
A summary of feedback from launch service providers, other spaceport tenants, and operators of non-Federal ranges to understand how such initiative can meet the needs of such providers, tenants, and operators, and any adjustments made in response to that feedback.
Sec. 1606
Use of middle tier acquisition program for proliferated warfighter space architecture of Space Development Agency
added
added
Section 1608(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2271 note) is amended by adding at the end the following new paragraphs:
added
“(4) Tranche 4.
added
“(5) Tranche 5.
added
“(6) Tranche 6.”
Sec. 1611
Clandestine activities vendor database
added
(a)
added
In General— Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:
added
“430e. Clandestine activities vendor database
added
“(a) Establishment and Maintenance—The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity.
added
“(b) Scope—The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection.
added
“(c) Exclusion of Vendors—Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary—
added
“(1) may exclude the commercial vendor from the database required by subsection (a); and
added
“(2) not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes—
added
“(A) the type or category of vendor excluded;
added
“(B) a synopsis of the contract and the scope of work involved; and
added
“(C) the rationale for exclusion from the database.
added
“(d) Deconfliction—The Secretary of Defense shall ensure the database required by subsection (a) is used to—
added
“(1) deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and
added
“(2) assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense.
added
“(e) Clandestine activity Defined—In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.”
(b)
added
Implementation Deadline and Reports—
(1)
added
Implementation Deadline and Certification— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
(A)
added
implement the requirements of section 430e of title 10, United States Code, as added by subsection (a) of this section; and
(B)
added
submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a certification that such requirements have been implemented.
(2)
added
Submission of Plan— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
(A)
added
submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and
(B)
added
provide to such committees a briefing with respect to such plan.
(3)
added
Progress Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the committees described in paragraph (1)(B) a briefing describing the progress of the Secretary towards implementing the requirements of such section 430e.
Sec. 1612
Modification of authority of Army counterintelligence agents to execute warrants and make arrests
added
added
Section 7377(b)(2) of title 10, United States Code, is amended by striking “during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025,”.
Sec. 1613
Modifications to and codification of the Department of Defense insider threat program
added
(a)
added
Codification of existing program—
(1)
added
Transfer to title 10— Chapter 131 of title 10, United States Code, is amended by inserting after section 2224a a new section 2225 consisting of—
(A)
added
a heading as follows:
added
“2225. Insider threat detection”
(B)
added
a text consisting of the text of subsections (a) and (b) of section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112‑81; 10 U.S.C. 2224 note).
(2)
added
Repeal of existing provision— Section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2224 note) is repealed.
(b)
added
Modifications— Section 2225 of title 10, United States Code, as added by subsection (a) of this section, is amended—
(1)
added
in subsection (b)—
(A)
added
in the heading, by striking “Elements” and inserting “Required Elements” ; and
(B)
added
in paragraph (1)—
(i)
added
by striking subparagraphs (C), (D), (E), and (F);
(ii)
added
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
(iii)
added
by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:
added
“(A) user activity monitoring in accordance with the Committee on National Security Systems Directive 504, issued February 4, 2014, or any successor directive;”
(iv)
added
in subparagraph (C), as redesignated by clause (ii) of this subparagraph, by striking the semicolon and inserting “; and”; and
(v)
added
by redesignating subparagraph (G) as subparagraph (D); and
(2)
added
by adding at the end of the following new subsections:
added
“(c) Additional elements—The Secretary may include additional elements in the program established under subsection (a), including—
added
“(1) solutions and capabilities to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information;
added
“(2) using a roles-based access certification system;
added
“(3) cross-domain solutions adhering to the Raise the Bar strategy of the Cross Domain Strategy and Management Office of the National Security Agency or any successor strategy;
added
“(4) analytic solutions to detect anomalous user activity and triage user activity monitoring alerts to elevate the highest risk events for immediate review;
added
“(5) case management solutions to minimize disclosure risk, orchestrate effective response, and ensure appropriate governance; and
added
“(6) full-motion video screen recording and deep context.
added
“(d) Applicability—The program established under subsection (a) shall apply to networks and enclaves used by—
added
“(1) civilian personnel of the Department of Defense;
added
“(2) privileged users;
added
“(3) members of the armed forces; and
added
“(4) contractors to the Department of Defense that have access to classified, controlled unclassified, or personally identifiable information in furtherance of work on behalf of the Department.”
(c)
added
Operating capability— The Secretary of Defense shall ensure the program established under 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section—
(1)
added
achieves initial operating capability not later than October 1, 2027; and
(2)
added
achieves full operating capability not later than October 1, 2028.
(1)
added
Plan for implementation— Before the Secretary implements section 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section, the Secretary shall submit to the congressional defense committees—
(A)
added
a written notification that describes the personnel of the Department affected by the implementation;
(B)
added
a plan to implement such section;
(C)
added
an identification of the resources required to implement such section;
(D)
added
an identification of any legal or technical concerns that may need to be addressed prior to implementation; and
(E)
added
and any other issues related to such implementation that the Secretary considers appropriate.
(2)
added
Initial operating capability— Not later than December 1, 2027, the Secretary shall submit to the congressional defense committees a report on the implementation of section 2225 of title 10, United States Code, including the resources required and planned expenditures to achieve full operating capability not later than October 1, 2028.
Sec. 1614
Facility clearance acceleration for members of defense industrial consortiums
added
(a)
added
Acceleration of facility clearance— The Secretary of Defense shall ensure that each entity that is a member of the consortium established by section 1842 of this Act or a member of the Defense Industrial Base Consortium with which the Department of Defense has entered an other transaction authority agreement —
(1)
added
is sponsored for a facility clearance;
(2)
added
is provided access to classified work areas and networks where the member can perform classified work; and
(3)
added
not less than quarterly, is invited in person to meetings with relevant Department of Defense personnel to discuss classified information.
(b)
added
Plan— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees detailing a plan to increase the number of facility clearances provided to members described in subsection (a). Such plan shall include—
(1)
added
an assessment of any existing related efforts to increase facility clearance access and how such efforts might be accelerated and elevated in priority;
(2)
added
target metrics for increased facility clearances in association with membership in a consortium described in subsection (a);
(3)
added
an identification of any additional funding or authorities required to support increased facility clearance processing; and
(4)
added
any other matters the Secretary of Defense considers relevant.
Sec. 1615
Requirement to authorize additional security clearances for certain contractors
added
(a)
added
Designation of additional personnel— Any entity that enters into a covered contract or agreement with a component of the Department of Defense may designate additional covered persons who may submit an application for a security clearance in accordance with this section.
(b)
added
Investigation and adjudication— The appropriate authorized investigative agency and authorized adjudicative agency shall, upon receiving an application by an additional covered person designated under paragraph (1)—
(1)
added
conduct an investigation of the background of an additional covered person for purposes of determining the eligibility of such additional covered person for access to classified information; and
(2)
added
make a determination as to whether such additional covered person is eligible for access to classified information.
(c)
added
Final determination— If an entity that enters into a covered contract or agreement determines an initial covered person is unable to perform the work intended to be performed by that person under such covered contract or agreement person, an additional covered person may perform such work in lieu of the initial covered person if—
(1)
added
the person received a favorable determination under subsection (b) with respect to eligibility for access to classified information;
(2)
added
the person has a demonstrated need-to-know under Executive Order 12968, provided that demonstrating such need-to-know shall not require an investigation or adjudication with respect to eligibility for access to classified information in addition to the investigation and adjudication required under subsection (b); and
(3)
added
the person signs appropriate agreements with respect to non-disclosure of classified information.
(d)
added
Limitation on number of personnel—
(1)
added
Maximum per contract— The number of additional covered persons designated by an entity under subsection (a) for each covered contract or agreement may not exceed the greater of—
(i)
added
during the 5-year period that begins on the date of the enactment of this Act, 5 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and
(ii)
added
after the 5-year period that begins on the date of the enactment of this Act, 10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and
(2)
added
Maximum per entity— The number of additional covered persons designated by an entity under subsection (a) may not exceed the greater of—
(A)
added
10 percent of the total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity; and
(1)
added
Authority to charge and collect— The Secretary of Defense may charge fees or collect amounts to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a).
(2)
added
Retention of amounts— Notwithstanding section 3302(b) of title 31, United States Code—
(A)
added
the Secretary of Defense may retain amounts received under paragraph (1); and
(B)
added
any amount so retained shall be deposited into an account to be determined by the Secretary of Defense and shall be made available without further appropriation until expended for the purpose of investigating, adjudicating, or maintaining security clearances.
(3)
added
Prohibition on bearing costs— The Secretary of Defense may not bear any cost associated with investigating, adjudicating, or maintaining a security clearance the application for which is submitted pursuant to subsection (a).
(4)
added
Unallowable cost— Any fees charged or amounts collected under this subsection to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a) may not be considered an allowable cost under a covered contract or agreement.
(f)
added
Applicability— This section shall apply with respect to contracts and other agreements entered into on or after the date of the enactment of this Act.
(g)
added
Rule of construction— Nothing in this section shall be construed to require the Secretary of Defense to grant any person access to classified information unless a favorable determination of eligibility to access such classified information is made with respect to such person.
(h)
added
Relationship to other laws— This section shall apply subject to Executive Order 12968, Executive Order 10865, and any successor executive orders, but notwithstanding any other provision of law.
(i)
added
Definitions— In this section:
(1)
added
Additional covered person— The term “additional covered person” means a covered person designated by a private-sector entity as an alternative covered person who is intended to be available to conduct work under a covered contract or agreement that requires a security clearance if an initial covered person becomes unavailable to complete such work.
(2)
added
Authorized adjudicative agency; authorized investigative agency— The terms “authorized adjudicative agency” and “authorized investigative agency” have the meaning given the terms in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).
(3)
added
Covered contract or agreement— The term “covered contract or agreement” means a contract or other agreement between a private-sector entity and a component of the Department of Defense the performance of which requires a specified number of covered persons to hold a security clearance.
(4)
added
Covered person— The term “covered person” means a contractor to or employee of a private-sector entity.
(5)
added
Initial covered person— The term “initial covered person” means a covered person designated by a private-sector entity as responsible for conducting work under a covered contract or agreement that requires a security clearance.
Sec. 1621
Establishment of Air Force Global Strike Command
added
added
Chapter 907 of title 10, United States Code, is amended by adding at the end the following new section:
added
“9068. Global Strike Command
added
“(a) Establishment—There is in the Air Force a major command, which shall be known as Global Strike Command.
added
“(b) Commander
added
“(1) The Commander of Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
added
“(2) The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of the nuclear and long-range strike missions of the Air Force, including such aspects described in subsection (c).
added
“(c) Functions—The Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following:
added
“(1) Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives.
added
“(2) Administrating, organizing, training, and equipping assigned and gained forces.
added
“(3) Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Chief of Staff periodic reports with respect to such assessments.
added
“(4) Leading development in the Air Force of—
added
“(A) military requirements with respect to nuclear and long-range strike missions;
added
“(B) budget proposals necessary to carry out the missions of the Global Strike Command;
added
“(C) long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and
added
“(D) strategy, employment concepts, tactics, techniques, and procedures with respect to nuclear deterrence and conventional long-range strike operations.
added
“(5) Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions.
added
“(6) Such other functions as the Secretary determines necessary or appropriate for the execution of nuclear deterrence and long-range strike missions.”
Sec. 1622
Matters relating to the nuclear-armed, sea-launched cruise missile
added
added
Section 1640(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 595), as amended by section 1627 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2174), is amended—
(1)
added
by striking paragraph (2);
(2)
added
in paragraph (3), by striking “paragraph (3)” and inserting “paragraph (2)”; and
(3)
added
by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
Sec. 1623
Prohibition on reduction of intercontinental ballistic missiles of the United States
added
(a)
added
Prohibition— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2026 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
(1)
added
Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
(2)
added
Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
(b)
added
Exception— The prohibition in subsection (a) shall not apply to any of the following activities:
(1)
added
The maintenance or sustainment of intercontinental ballistic missiles.
(2)
added
Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
(3)
added
Facilitating the transition from the LGM–30G Minuteman III intercontinental ballistic missile to the LGM–35A Sentinel intercontinental ballistic missile.
Sec. 1624
Strategy to sustain Minuteman III intercontinental ballistic missile and maximize end-of-life margin
added
(a)
added
Strategy required—
(1)
added
In general— Concurrent with the first submission to Congress of a budget pursuant to section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, and with each budget submitted to Congress pursuant to such section until the Under Secretary of Defense for Acquisition and Sustainment determines the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity, the Secretary of the Air Force, in consultation with the Under Secretary, shall submit to the congressional defense committees a strategy, with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other supporting systems to address aging components and maximize the end-of-life margin.
(2)
added
Elements— Each strategy required by paragraph (1) shall include the following:
(A)
added
A comprehensive identification of all significant age-related and supportability challenges for the LGM–30G Minuteman III intercontinental ballistic missiles that includes a description of—
(i)
added
efforts of the Secretary to address each such challenge; and
(ii)
added
activities the Secretary intends to carry out to address each such challenge.
(B)
added
A description of effects on the system performance of Minuteman III missiles that result from aging components, including such effects with respect to shortfalls in capability.
(C)
added
A summary of test activities conducted with Minuteman III missiles during the calender year that precedes the date of the submission of the strategy, including a description of any observations of anomalous performance during such test activities.
(D)
added
A discussion of opportunities to increase the end-of-life margin or overall performance of Minuteman III missiles.
(E)
added
A statement of the total inventory of such Minuteman III missiles available to the United States, including spares.
(F)
added
A forecast with respect to the asset attrition that includes an identification of key drivers of such asset attrition.
(G)
added
An identification, as specific budget line items, of all funding with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other and supporting systems included in the budget of the Department of Defense for the fiscal year during which the strategy is submitted.
(H)
added
An estimate of the amount of such funding the Secretary determines is necessary across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, to ensure the continued effective operation of the the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other and supporting systems until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity.
(b)
added
Independent assessment of strategy—
(1)
added
In general— The Under Secretary shall review each strategy required under subsection (a) to assess whether the strategy is sufficient to ensure the continued effective operation of the LGM–30G Minuteman III intercontinental ballistic missile system until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity.
(2)
added
Reports— During the period the requirement under subsection (a) is effective, the Under Secretary shall, not later than 45 days after any date on which a budget is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, submit to the congressional defense committees a report that includes—
(A)
added
the findings of the assessment required under paragraph (1);
(B)
added
a discussion of any unfunded priorities and risk reduction opportunities with respect to the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other supporting systems; and
(C)
added
any other matters as the Under Secretary determines appropriate.
Sec. 1625
Report on Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs
added
added
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the continued implementation of the amendments made by section 1621 of the Servicemember Quality of Life National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2170) that includes—
(1)
added
a proposal to consolidate administrative and resource support functions for personnel assigned to the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs to a single office in the Department of Defense;
(2)
added
a plan to clarify the relationships between—
(A)
added
the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs;
(B)
added
the Under Secretary of Defense for Acquisition and Sustainment; and
(C)
added
the Under Secretary of Defense for Policy;
(3)
added
a proposal for an organizational framework through which the Assistant Secretary will perform the portfolio management duties required under section 499c of title 10, United States Code;
(4)
added
a description of resource requirements for the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; and
(5)
added
such other matters as the Secretary determines appropriate.
Sec. 1626
Improvements to certain Department of Defense indemnification procedures to enable procurement of commercial advanced nuclear technologies
added
(a)
added
Review— The review of a request submitted to a Department of Defense contracting officer by a contractor pursuant to Public Law 85–804 (50 U.S.C. 1431 et. seq) for indemnification against nuclear and unusually hazardous risks, including those involving the procurement of commercial nuclear technology, shall include, to the maximum extent practicable, input from the Defense Contract Management Agency, including reviews of insurance markets and coverage availability from the Contractor Insurance/Pension Review group.
(b)
added
Deadline— The Secretary of Defense shall ensure that the review of any indemnification request described in subsection (a) shall be completed with a final decision on approval or denial, including an executed memorandum of decision, within the 90-day period beginning on the date on which the contractor submits the indemnification request.
Sec. 1627
Review of the occupational health and safety conditions of operational facilities associated with the LGM–30G Minuteman III intercontinental ballistic missile system
added
(a)
added
In general— The Assistant Secretary of Defense for Health Affairs, in consultation with the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs, shall seek to enter into an agreement with the Executive Officer of the National Academy of Sciences, Engineering, and Medicine for a review of the occupational health and safety conditions of covered operational facilities.
(b)
added
Elements— The review required by subsection (a) shall include the following:
(1)
added
An independent review of the methodology and findings of the Missile Community Cancer Study conducted by the Air Force Medical Service and Air Force Global Strike Command.
(2)
added
An independent assessment of occupational hazards, covered toxic substances, and operational activities associated with the LGM–30G Minuteman III intercontinental ballistic missile system that accounts for—
(A)
added
enclosed space dynamics;
(B)
added
ventilation inefficiencies; and
(C)
added
limited fresh air exchange rates.
(3)
added
An independent case-controlled retrospective study of cancer incidence rates among—
(A)
added
Minuteman III missile launch officers and support personnel; compared to
(B)
added
a group of members of the Air Force with—
(i)
added
a substantially similar demographic makeup to the group of launch officers and support personnel included in the study;
(ii)
added
responsibilities that are not associated with the Minuteman III system; and
(iii)
added
a low potential for occupational exposure to covered toxic substances, as determined by Air Force Specialty Code and occupational duties.
(4)
added
A comparative evaluation of the suitability and effectiveness of historic versus current year environmental surveillance policies, procedures and technologies of the Department of the Air Force for covered operational facilities used to detect exposure to covered toxic substances and occupational hazards, including—
(B)
added
groundwater and drinking water contamination;
(C)
added
ventilation systems and particulate matter accumulation; and
(D)
added
residual contamination associated with confined operational environments.
(5)
added
An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force to prevent occupational hazards, and reduce exposure to covered toxic substances, associated with the Minuteman III system including—
(A)
added
personal protective equipment;
(B)
added
engineering controls;
(C)
added
environmental surveillance; and
(D)
added
other policies, procedures and technologies deemed relevant.
(6)
added
An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force and the Department of Defense for reporting and periodic medical screening, testing, and evaluations for potential exposure to occupational hazards and covered toxic substances for personnel associated with the Minuteman III system.
(7)
added
Recommendations of the Executive Officer with respect to—
(A)
added
Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities—
(i)
added
meet current occupational safety and national security requirements in effect as of the date of the enactment of this Act; and
(ii)
added
are applied to the LGM–35A Sentinel intercontinental ballistic missile system; and
(B)
added
potential modifications to—
(i)
added
the current design and operation of the LGM–30G Minuteman III intercontinental ballistic missile system; and
(ii)
added
the future design and operation of the Sentinel system.
(c)
added
Information and clearances— The Secretary of Defense shall ensure that personnel of the National Academy of Sciences, Engineering, and Medicine supervising the implementation of the agreement required by subsection (a), or conducting the review required by such subsection, are granted, in a timely manner, access to the information and security clearances necessary to carry out such review.
(d)
added
Report required—
(1)
added
In general— Not later than 18 months after the date of the enactment of this Act, the Executive Officer of the National Academy of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report that includes the findings of the review required by subsection (a).
(2)
added
Form— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e)
added
Definitions— In this section:
(1)
added
The term covered operational facilities mean physical structures and work environments associated with the LGM–30G Minuteman III intercontinental ballistic missile system, including—
(A)
added
launch control facilities;
(B)
added
launch facilities;
(C)
added
missile alert facilities; and
(D)
added
other associated facilities.
(2)
added
The term covered toxic substances means contaminants and other risk factors that pose a significant health risk to an individual when inhaled, ingested, absorbed by, or in close proximity to, the individual, including—
(C)
added
Polychlorinated biphenyls (PCBS).
(D)
added
Combustion byproducts associated with burning classified materials, accelerants, and industrial solvents.
(E)
added
Volatile Organic Compounds (VOCs), including VOCs from cleaning and maintenance chemicals.
(F)
added
Radon and naturally occurring radioactive materials in subterranean facilities.
(G)
added
Hydrogen cyanide, hydrazine, ethylene glycol, and sodium chromate.
(H)
added
Pesticides and herbicides from facility perimeters and surrounding agricultural runoff.
(J)
added
Other chemical compounds or elements associated with the LGM–30G Minuteman III intercontinental ballistic missile system or covered operational facilities.
Sec. 1641
Modification to national missile defense policy to reflect Golden Dome for America policy
added
added
Section 5501 of title 10, United States Code, is amended by striking the text and inserting the following:
added
“(1) to provide for the common defense of the United States and its citizens by deploying and maintaining a next-generation missile defense shield; and
added
“(2) to deter, and defend the citizens and critical infrastructure of the United States against, any foreign aerial attack on the homeland.”
Sec. 1642
Golden Dome for America
added
(1)
added
Requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the development and deployment of a next-generation air and missile defense architecture pursuant to Executive Order 14186 (90 Fed. Reg. 8767), or such successor order.
(2)
added
Elements— The plan under paragraph (1) shall include the following:
(A)
added
An updated assessment of air and missile threats to the United States.
(B)
added
A description of the system architecture of the next-generation air and missile defense architecture, including—
(i)
added
the identification of each capability, program, and project considered to be part of such architecture;
(ii)
added
a preliminary description of, cost estimate for, and schedule to achieve—
(I)
added
initial operational capability; and
(II)
added
full operational capability;
(iii)
added
a description of relevant concepts of operations;
(iv)
added
a plan with respect to integrating and maximizing interoperability of capabilities included in such architecture;
(v)
added
a description of ground segment requirements to support the development and deployment of space-based capabilities included in such architecture; and
(vi)
added
an identification of requirements with respect to the electromagnetic spectrum for the development and deployment of capabilities included in such architecture.
(C)
added
An organizational construct defining roles and responsibilities for each participating element of the Department of Defense.
(D)
added
An assessment of on-orbit testing and training requirements necessary for developing capabilities and ensuring long-term warfighting readiness of such architecture.
(E)
added
A strategy for ensuring supply chain security and resilience.
(F)
added
Identification of any additional legal authorities necessary to carry out or expedite the development and deployment of such architecture.
(G)
added
Any other matters the Secretary considers relevant.
(3)
added
Updates— Concurrent with the submission of the budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for each of fiscal years 2028 through 2030, the Secretary shall submit to the congressional defense committees—
(A)
added
an update to the plan under paragraph (1); and
(B)
added
a consolidated budget exhibit identifying funding requested for the systems architecture described in the plan, including specific appropriation and line numbers, where appropriate.
(b)
added
Theater missile defense posture— 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—
(1)
added
assessing the theater missile defense posture of the United States, including changes in the missile threat environment with respect to allies and partners of the United States and forward-deployed forces of the United States; and
(2)
added
making recommendations, as appropriate, to—
(A)
added
increase bilateral and multilateral cooperation on missile defense technology development, capabilities, and operations;
(B)
added
improve theater missile defenses of the forward-deployed forces of the United States and the territories, forces, and populations of allies of the United States; and
(C)
added
increase and accelerate the provision of missile defense capabilities of the United States to allies and partners of the United States.
Sec. 1643
Prohibition privatized or subscription-based missile defense intercept capabilities
added
added
Subchapter II of chapter 551 of title 10, United States Code, is amended by adding at the end the following new section:
added
“5516. Prohibition on privatized or subscription-based missile defense intercept capabilities
added
“(a) Prohibition—The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if—
added
“(1) the missile defense system is owned and operated by the armed forces; and
added
“(2) such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target.
added
“(b) Inherently governmental function—The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.
added
“(c) Rule of construction—Nothing in this section shall be construed to prohibit the Secretary of Defense from—
added
“(1) entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems;
added
“(2) entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or
added
“(3) procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities.
added
“(d) Definitions—For the purposes of this section:
added
“(1) The term “kinetic missile defense activities” means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.
added
“(2) The term “kinetic missile defense capabilities” means any system or platform that is designed to be able to carry out kinetic missile defense activities.
added
“(3) The term “subscription-based service” means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.”
Sec. 1651
Cooperative threat reduction funds
added
(a)
added
Funding allocation— Of the $282,830,000 authorized to be appropriated to the Department of Defense for fiscal year 2026 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
(1)
added
For delivery system threat reduction, $6,332,000.
(2)
added
For chemical security and elimination, $18,645,000.
(3)
added
For global nuclear security, $30,621,000.
(4)
added
For biological threat reduction, $160,402,000.
(5)
added
For proliferation prevention, $36,923,000.
(6)
added
For activities designated as Other Assessments/Administration Costs, $29,907,000.
(b)
added
Specification of cooperative threat reduction funds— Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2026, 2027, and 2028.
Sec. 1701
Copyright to a literary work produced by a civilian faculty member of the Uniformed Services University of Health Sciences in the course of such employment: free use by the Federal Government
added
(a)
added
Use by Federal Government— Section 105 of title 17, United States Code, is amended, in subsection (d)(2)—
(1)
added
by redesignating subparagraphs (L) through (N) as subparagraphs (M) through (O), respectively;
(2)
added
by inserting after subparagraph (K) the following new subparagraph (L):
added
“(L) Uniformed Services University of the Health Sciences.”
(b)
added
Conforming amendments— Such section is further amended, in subsection (c)—
(1)
added
in paragraph (1), by striking “subparagraphs (A) through (K) of subsection (d)(2) and subparagraph (L)” and inserting “subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M)”;
(2)
added
in paragraph (2), by striking “subsection (d)(2)(L)” and inserting “subsection (d)(2)(M)”;
(3)
added
in paragraph (3), by striking “subsection (d)(2)(M)” and inserting “subsection (d)(2)(N)”; and
(4)
added
in paragraph (4), by striking “subsection (d)(2)(N)” and inserting “subsection (d)(2)(O)”.
Sec. 1702
Combating illicit tobacco products
added
(a)
added
In general— Beginning not later than 120 days after the date of the enactment of this Act, no exchange or commissary operated by or for a military resale entity shall offer for sale any ENDS product or oral nicotine product unless the manufacturer of such product executes and delivers to the appropriate officer for each military resale entity a certification form for each ENDS product or oral nicotine product offered for retail sale at an exchange or commissary that attests under penalty of perjury the following:
(1)
added
The manufacturer has received a marketing granted order for such product under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j).
(2)
added
The manufacturer submitted a timely filed premarket tobacco product application for such product, and the application either remains under review by the Secretary or has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court.
(b)
added
Failure to submit certification— A manufacturer shall submit the certification forms required in subsection (a) on an annual basis. Failure to submit such forms to a military resale entity as required under the preceding sentence shall result in the removal of the relevant ENDS product or oral nicotine product from sale at such military resale entity.
(c)
added
Certification contents—
(1)
added
In general— A certification form required under subsection (a) shall separately list each brand name, product name, category (such as e-liquid, power unit, device, e-liquid cartridge, e-liquid pod, or disposable), and flavor for each product that is sold offered for sale by the manufacturer submitting such form.
(2)
added
Other items— A manufacturer shall, when submitting a certification under subsection (a), include in that submission—
(A)
added
a copy of the publicly available marketing granted order under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j), as redacted by the Secretary and made available on the agency website;
(B)
added
a copy of the acceptance letter issued under such section for a timely filed premarket tobacco product application; or
(C)
added
a document issued by Secretary or by a court confirming that the premarket tobacco product application has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court.
(d)
added
Development of forms and publication—
(1)
added
In general— Not later than 60 days after the date of the enactment of this Act, each military resale entity shall—
(A)
added
develop and make public the certification form such resale entity will require a manfacturer to submit to meet the requirement under subsection (a); and
(B)
added
provide instructions on how such certification form shall be submitted to the relevant military resale entity.
(2)
added
Submission in case of failure to publish form— If a military resale entity fails to prepare and make public such certification form, a manufacturer may submit information necessary to prove compliance with the requirements of this section.
(e)
added
Changes to certification form— A manufacturer that submits a certification form under subsection (a) shall notify each relevant military resale entity to which such certification was submitted not later than 30 days after making any material change to the certification form, including—
(1)
added
the issuance or denial of a marketing authorization or other order by the Secretary pursuant to section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j); or
(2)
added
any other order or action by the Secretary or any court that affects the ability of the ENDS product or oral nicotine product to be introduced or delivered into interstate commerce for commercial distribution in the United States.
(1)
added
In general— No later than 180 days after the enactment of this Act, each military resale entity shall maintain and make publicly available on its official website a directory that lists all ENDS product and oral nicotine product manufacturers and all product brand names, categories (such as e-liquid, e-liquid cartridge, e-liquid pod, or disposable), product names, and flavors for which certification forms have been submitted and approved by the relevant military resale entity.
(2)
added
Updates— Each military resale entity shall—
(A)
added
update the directory under paragraph (1) at least monthly to ensure accuracy; and
(B)
added
establish a process to provide each exchange or commissary notice of the initial publication of the directory and changes made to the directory in the prior month.
(3)
added
Exclusions and removals— An ENDS product or oral nicotine product shall not be included or retained in a directory of a military resale entity if the relevant military resale entity determines that any of the following apply:
(A)
added
The manufacturer failed to provide a complete and accurate certification as required by this section.
(B)
added
The manufacturer submitted a certification that does not comply with the requirements of this section.
(C)
added
The information provided by the manufacturer in its certification contains false information, material misrepresentations, or omissions.
(4)
added
Notice required— In the case of a removal of a product from a directory under paragraph (3), the relevant military resale entity shall provide to the manufacturer involved notice and at least 30 days to cure deficiencies before removing the manufacturer or its products from the directory.
(5)
added
Effect of removal— The ENDS product or oral nicotine product of a manufacturer identified in a notice of removal under paragraph (3) are, beginning on the date that is 30 days after such removal, subject to seizure, forfeiture, and destruction, and may not be purchased or sold for retail sale at any exchange or commissary operated by or for a military resale entity.
(g)
added
Definitions— In this section:
(1)
added
The term ENDS product—
(A)
added
means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution;
(B)
added
includes a consumable nicotine liquid solution suitable for use in such product, whether sold with the product or separately; and
(C)
added
does not include any product regulated as a drug or device under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
(2)
added
The term military resale entities means—
(A)
added
the Defense Commissary Agency;
(B)
added
the Army and Air Force Exchange Service;
(C)
added
the Navy Exchange Service Command; and
(D)
added
the Marine Corps Exchange.
(3)
added
The term oral nicotine product means—
(A)
added
means any non-combustible product that contains nicotine that is intended to be placed in the oral cavity;
(B)
added
does not include—
(i)
added
any ENDS product;
(ii)
added
smokeless tobacco (as defined in section 900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387)); or
(iii)
added
any product regulated as a drug or device under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
(4)
added
The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.
(5)
added
The term timely filed premarket tobacco product application means an application that was submitted under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j) on or before September 9, 2020, and accepted for filing with respect to an ENDS product or oral nicotine product containing nicotine marketed in the United States as of August 8, 2016.
Sec. 1721
Technical and conforming amendments
added
(a)
added
Title 10, United States Code— Title 10, United States Code, is amended as follows:
(1)
added
In the subtitle analysis for subtitle A, by striking the item relating to chapter 243 and inserting the following:
(2)
added
In the tables of chapters at the beginning of part I of such subtitle, by striking the item relating to chapter 25 and inserting the following:
(3)
added
In section 132a—
(A)
added
in the section heading, by striking “improvement officer” and inserting “Improvement Officer”; and
(B)
added
in subsection (c)(1), by striking “National Defense Authorization Act of Fiscal Year 2008” and inserting “National Defense Authorization Act for Fiscal Year 2008”.
(4)
added
In section 139a, by striking “section 2334” each place it appears and inserting “section 3221”.
(5)
added
In section 183a(h)(3), by striking the semicolon and inserting a comma.
(6)
added
In chapter 9, by redesignating the second section 222e (relating to unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report) as section 222f.
(7)
added
In section 525(a)(4)(C), by striking the period after “21”.
(8)
added
In chapter 40, by redesignating section 711 (relating to parental leave for members of certain reserve components of the armed forces) as section 710a (and conforming the table of contents with respect to the section number and heading).
(9)
added
In subsection (a)(2) of such section 710a, as so redesignated—
(A)
added
in subparagraph (A), by striking “subparagraph (A)” each place it appears and inserting “paragraph (1)”; and
(B)
added
in subparagraph (B)—
(i)
added
by striking “subparagraph (A)” both places it appears and inserting “paragraph (1)”;
(ii)
added
by striking “clause (i)” and inserting “subparagraph (A)”; and
(iii)
added
by striking the semicolon that appears after the period.
(10)
added
In section 1143(e)(1), by striking “(A)” and inserting “(A)”.
(11)
added
In section 1558(c)(1), by striking the comma after “Space Force”.
(12)
added
In section 1749—
(A)
added
in subsection (b)(4), by striking “emphasizes—” and inserting “emphasize—”; and
(B)
added
in subsection (c)—
(i)
added
in the matter preceding paragraph (1), by inserting “shall” after “program”; and
(ii)
added
in paragraph (2)—
(I)
added
by striking “has” and inserting “have”; and
(II)
added
by striking “can” and inserting “the ability to”.
(13)
added
In section 2107(k), by striking the subsection heading.
(14)
added
In section 2818(a), by striking “contact” and inserting “contract”.
(15)
added
In section 2819(e), by inserting “the” before “congressional defense committees”.
(16)
added
In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 326 and inserting the following:
(17)
added
In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 383 and inserting the following:
(18)
added
In section 3072(c), by amending the subsection heading to read as follows:
added
“(c) Acquisition programs and initiatives to be considered”
(19)
added
In section 3603(a), by striking “Such a pathway shall include the following:”.
(20)
added
In section 4127(d)(9), by striking “pursing” and inserting “pursuing”.
(21)
added
In section 4022(e)(1), by striking “Undersecretary of Defense” each place it appears and inserting “Under Secretary of Defense”.
(22)
added
In chapter 303, by redesignating the second section 4128 (relating to the Joint Federated Assurance Center) as section 4129.
(23)
added
In section 4663(a), by inserting “if such entity” before “is a party”.
(24)
added
In section 4816(b)(6), by inserting “)” after “title”.
(25)
added
In section 4872(e)(1), by striking “the Secretary of Defense of the Secretary or the Secretary of the military department concerned” and inserting “the Secretary of Defense or the Secretary of the military department concerned”.
(26)
added
In section 5502, in the section heading, by striking “defense agency” and inserting “Defense Agency”.
(27)
added
In section 5513, in the section heading, by striking “missile defense agency” and inserting “Missile Defense Agency”.
(28)
added
In section 5531(b) is amended—
(A)
added
by striking “paragraph (1)” both places it appears and inserting “subsection (a)”;
(B)
added
in paragraph (1), by striking “subparagraph (B)” and inserting “paragraph (2)”; and
(C)
added
in paragraph (2), by striking “subparagraph (A)” and inserting “paragraph (1)”.
(29)
added
In section 7361(a)(2), by striking “Vietnam Era” and inserting “Vietnam era”.
(30)
added
In section 82218, in each of subsections (c)(1)(D) and (k)(3)(B), by striking “section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)” and inserting “section 57100 of title 46”.
(31)
added
In section 9062a, in the section heading, by striking the period that appears after “structure”.
(32)
added
In section 9361(a)(2), by striking “Vietnam Era” and inserting “Vietnam era”.
(33)
added
In section 9531, in the section heading, by striking the period that appears after “Reserve”.
(34)
added
In section 10216(f), by striking the period that appears after “62”.
(35)
added
In the tables of chapters at the beginning of part III of subtitle E, by striking the item relating to chapter 1413 and inserting the following:
(36)
added
In section 14504(b), by striking “the the Secretary” and inserting “the Secretary”.
(b)
added
Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1722
Transfer or possession of defense items for national defense purposes
added
(a)
added
Transfer and possession exceptions— Section 922(o)(2) of title 18, United States Code, is amended—
(1)
added
in subparagraph (A), by striking “or by” and inserting “, by, or under the authority of”;
(2)
added
in subparagraph (A), by striking “or” at the end;
(3)
added
in subparagraph (B), by striking the period at the end and inserting “; or” ; and
(4)
added
by inserting after subparagraph (B) the following new subparagraph:
added
“(C) a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—
added
“(i) joint production of a weapon, or integration or incorporation into another article or device;
added
“(ii) calibration, testing, or research and development;
added
“(iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or
added
“(iv) training of Department of Defense personnel and Federal, State, local, or friendly foreign government military and law enforcement personnel.”
(b)
added
Importation requirements— Section 925(d) of such title is amended—
(1)
added
in paragraph (3)—
(A)
added
by inserting “except as provided in paragraph (5),” before “is of”; and
(B)
added
by striking “or” at the end;
(2)
added
in paragraph (4), by striking the period at the end and inserting “; or”; and
(3)
added
by inserting after paragraph (4) the following new paragraph:
added
“(5) is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraphs (A) or (C) of section 922(o)(2).”
(1)
added
In general— Not later than one year after the effective date of this section, the Secretary of Defense shall—
(A)
added
conduct a survey of defense contractors who have used or intend to use a covered exception; and
(B)
added
submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of such survey.
(2)
added
Elements— The report submitted under paragraph (1) shall include the following:
(A)
added
The number of contractors that used a covered exception during the period covered by the report.
(B)
added
Any issues identified by the Department of Defense or such contractors with the implementation of such covered exception.
(C)
added
Any recommendations for changes to statutes or regulations to implement covered exceptions.
(3)
added
Covered exception defined— In this subsection, the term covered exception means an exception provided under—
(A)
added
subparagraph (C) of section 922(o)(2) of title 18, United States Code, as added by this section; or
(B)
added
paragraph (5) of section 922(d) of such title, as added by this section.
(d)
added
Effective date— This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act.
Sec. 1723
Evaluation of risks posed by communications equipment and services produced by foreign adversary entities
added
added
Section 1709 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 47 U.S.C. 1601 note) is amended—
(1)
added
in subsection (a), in the subsection heading, by striking “to covered list” and inserting “produced by DJI Technologies or Autel Robotics”;
(2)
added
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
(3)
added
by inserting after subsection (a) the following new subsection:
added
“(b) Evaluation of unmanned aircraft systems communications equipment and services produced by foreign adversary entities
added
“(1) In general—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons:
added
“(A) Unmanned aircraft systems that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
added
“(B) Unmanned aircraft systems with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
added
“(C) Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
added
“(2) Addition to the covered list—If the appropriate national security agency does not make a determination as required by paragraph (1) by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph (1) to the covered list.”
(4)
added
in subsection (c), as redesignated by paragraph (2), by inserting “or (b)(1)” after “subsection (a)(1)” each place it appears;
(5)
added
in subsection (d), as so redesignated, by adding at the end the following:
added
“(6) The term unmanned aircraft system has the meaning given that term in section 44801 of title 49, United States Code.
added
“(7) The term foreign adversary—
added
“(A) means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))); and
added
“(B) includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
added
“(8) The term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary has the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation.”
(6)
added
in subsection (e), as so redesignated, by striking “subsection (b)(1)(A)” and inserting “subsection (c)(1)(A)”.
Sec. 1801
Alignment of the defense acquisition system with the needs of members of the Armed Forces
added
(a)
added
Objectives of defense acquisition system—
(1)
added
In general— Section 3102 of title 10, United States Code, is amended to read as follows:
added
“3102. Objectives of the defense acquisition system
added
“(a) In general—The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
added
“(b) Guidance—The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following:
added
“(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.
added
“(2) The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
added
“(3) The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats.
added
“(4) The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results.
added
“(5) The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure.
added
“(6) The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.”
(2)
added
Conforming amendments—
(A)
added
Under Secretary of Defense for Acquisition and Sustainment— Section 133b(b) of title 10, United States Code, is amended—
(i)
added
in paragraph (1), by striking “delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)” and inserting “expeditiously providing the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable”; and
(ii)
added
in paragraph (9)(A), by striking “defense acquisition programs” and inserting “the defense acquisition system, in accordance with the objectives established by section 3102 of this title”.
(B)
added
Director of Operational Test and Evaluation— Section 139 of title 10, United States Code, is amended—
(i)
added
in subsection (b), by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and
(ii)
added
by inserting before paragraph (2), as so redesignated, the following new paragraph:
added
“(1) ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title;”
(C)
added
Director of Cost Assessment and Program Evaluation— Section 139a(d) of title 10, United States Code, is amended by inserting “shall carry out the requirements of this section in accordance with the objectives established by section 3102 of this title and” before “shall serve”.
(b)
added
Civilian management of the defense acquisition system— Section 3103 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by striking “to ensure the successful and efficient operation of the defense acquisition system” and inserting “in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title”; and
(2)
added
in subsection (b), by striking “to ensure the successful and efficient operation of such elements of the defense acquisition system.” and inserting the following:
added
“(1) Implement strategies to effectively and efficiently respond to changes in capability requirements.
added
“(2) Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program.
added
“(3) Use iterative development cycles and discontinue or terminate the development of capabilities—
added
“(A) that no longer align with approved capability requirements or priorities; or
added
“(B) are experiencing significant cost growth, performance deficiencies, or delays in schedule.
added
“(4) Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title.
added
“(5) Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities.
added
“(6) Ensure that contracting officers are appropriately trained and assigned to support effective contract management.”
(c)
added
Acquisition-related functions of chiefs of the armed forces—
(1)
added
Performance of Certain Acquisition-related Functions— Section 3104(a) of title 10, United States Code, is amended—
(A)
added
by inserting “, in accordance with the objectives established pursuant to section 3102,” after “Secretary of the military department concerned”; and
(B)
added
by amending paragraphs (1) through (7) to read as follows:
added
“(1) The development of capability requirement statements for equipping the armed force concerned that—
added
“(A) describe the operational problem to provide necessary context for the capability requirement; and
added
“(B) describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem;
added
“(2) The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1).
added
“(3) The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made.
added
“(4) In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States.
added
“(5) The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title.
added
“(6) Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness.
added
“(7) Any recommendation for the termination of the development of capabilities—
added
“(A) that no longer align with approved capability requirements or priorities;
added
“(B) for which costs have significantly increased; or
added
“(C) for which schedule delays have been significant.
added
“(8) Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.”
(2)
added
Adherence to Requirements in Major Defense Acquisition Programs— Section 3104(b) of title 10, United States Code, is amended—
(A)
added
in paragraph (1), by striking “program capability document supporting a Milestone B or subsequent decision” and inserting “requirements documents”; and
(B)
added
in paragraph (2)—
(i)
added
in subparagraph (A), by striking “prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02”; and
(ii)
added
in subparagraph (B), by striking “cost, schedule, technical feasibility, and performance trade-offs” and inserting “life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs”.
(3)
added
Definitions— Section 3104(d) of title 10, United States Code, is amended to read as follows:
added
“(d) Requirements document defined—In this section, the term requirements document means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title).”
(d)
added
Implementation— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
(e)
added
Technical amendments—
(1)
added
Section 3101 of title 10, United States Code, is amended to read as follows:
added
“3101. Definitions
added
“In this chapter:
added
“(1) The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
added
“(2) The term capability requirement has the meaning provided in section 181 of this title.
added
“(3) The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.”
(2)
added
Section 3001(c) of title 10, United States Code, is amended by striking “this section” and inserting “this part”.
Sec. 1802
Program executive officer responsibilities
added
(a)
added
In general— Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1731 the following new section:
added
“1732. Program executive officer
added
“(a) In general—A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management.
added
“(b) Objectives—In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:
added
“(1) Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable.
added
“(2) Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
added
“(3) Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats.
added
“(c) Specific responsibilities
added
“(1) In general—For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:
added
“(A) Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer.
added
“(B) Ensure the cost-effective allocation of resources by delivering operational capabilities.
added
“(C) Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b).
added
“(D) Use iterative development cycles and discontinue or terminate the development of capabilities—
added
“(i) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
added
“(ii) that are experiencing significant cost growth, performance deficiencies, or delays in schedule.
added
“(E) Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title).
added
“(F) Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title.
added
“(G) Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate.
added
“(H) Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section.
added
“(2) Milestone decision authority duties—A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense.
added
“(d) Functional Support—The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include—
added
“(1) contracting and contract management;
added
“(2) estimating costs;
added
“(3) financial management;
added
“(4) life-cycle management and product support;
added
“(5) program management;
added
“(6) engineering and technical management; and
added
“(7) developmental testing and evaluation.”
(b)
added
Amendment to definitions— Section 1737(a)(4) of title 10, United States Code, is amended to read as follows:
added
“(4) The term program executive officer means an individual described in section 1732(a) of this title.”
Sec. 1803
Product support manager responsibilities and requirements
added
(a)
added
In general— Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1732, as added by section 1802, the following new section:
added
“1733. Product support manager
added
“(a) In general—A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system.
added
“(b) Objectives—In carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title.
added
“(c) Specific responsibilities—A product support manager shall be responsible for the following:
added
“(1) Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system.
added
“(2) Collaborate with the chief engineer and systems engineers for the covered system—
added
“(A) to develop the life-cycle sustainment plan and any product support plans for the covered system; and
added
“(B) to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system.
added
“(3) Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management.
added
“(4) Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems.
added
“(5) Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system.
added
“(6) Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title).
added
“(7) Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title.
added
“(d) Covered system defined—In this section, the term covered system has the meaning given in section 4322 of this title.”
(b)
added
Education, training, and experience requirements for product support managers— Section 1735 title 10, United States Code, is amended—
(1)
added
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2)
added
by inserting after subsection (b) the following new subsection:
added
“(c) Product support manager—Before being assigned to a position as product support manager, a person—
added
“(1) shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense;
added
“(2) shall have executed a written agreement as required in section 1734(b)(2) of this title; and
added
“(3) in the case of—
added
“(A) a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; and
added
“(B) a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics.”
(c)
added
Conforming amendments— Section 1731(a)(1)(B) title 10, United States Code, is amended by adding at the end the following new clause:
added
“(iv) Product support manager.”
Sec. 1804
Amendments to life-cycle management and product support
added
(a)
added
Reorganization of life-cycle and sustainment chapter—
(1)
added
In general— Chapter 323 of title 10, United States Code, is amended—
(A)
added
by repealing sections 4321, 4323, and 4324;
(B)
added
by redesignating section 4328 as section 4321 and transferring such section so as to appear after the table of sections at the beginning of such chapter;
(C)
added
by redesignating section 4325 as section 4323 and transferring such section so as to appear after section 4321;
(D)
added
in section 4323, as so redesignated, by striking “section 4324 of this title” and inserting “section 4322 of this title”; and
(E)
added
by amending the table of sections at the beginning of such chapter to read as follows:
(2)
added
Conforming amendments—
(A)
added
Section 3041(a) of title 10, United States Code, is amended by striking “sections 4292(e) and 4321” and inserting “section 4292(e)”.
(B)
added
Section 3221(b)(2) of title 10, United States Code, is amended by striking “4321, 4323, and 4328 of this title” and inserting “and 4321 of this title,”.
(C)
added
Section 4211(c)(2)(D) of title 10, United States Code, is amended by striking “section 4324 of this title” and inserting “section 4322 of this title”.
(D)
added
Section 4252(b)(14) of title 10, United States Code, is amended by striking “section 4324(b) of this title” and inserting “section 4322 of this title”.
(b)
added
Life-cycle management and product support— Chapter 323 of title 10, United States Code, as amended by subsection (a), is further amended by inserting after section 4321 the following new section:
added
“4322. Life-cycle management and product support
added
“(a) In general—The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan—
added
“(1) that is approved by the senior acquisition executive responsible for such covered system; and
added
“(2) that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
added
“(b) Product support manager—The Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system.
added
“(c) Life-cycle sustainment plan
added
“(1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
added
“(A) A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system.
added
“(B) A life-cycle cost estimate for the covered system that—
added
“(i) is based on the planned product support strategy described in subparagraph (A); and
added
“(ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval (as defined in section 4251(e) of this title), Milestone B approval, or Milestone C approval (as such terms are defined in section 4172(e) of this title).
added
“(C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
added
“(D) An intellectual property management plan for product support developed in accordance with section 3774 of this title.
added
“(E) A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships—
added
“(i) with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and
added
“(ii) that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal.
added
“(F) A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including—
added
“(i) a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities;
added
“(ii) an identification of the funding required to provide such products and services for any initial fielding location of the covered system;
added
“(iii) an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services;
added
“(iv) the timeline for delivery of such products and services; and
added
“(v) an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv).
added
“(2) In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following:
added
“(A) Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system.
added
“(B) Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title).
added
“(C) Compliance with—
added
“(i) requirements to maintain a core logistics capability under section 2464 of this title; and
added
“(ii) limitations on the performance of depot-level maintenance of materiel under section 2466 of this title.
added
“(D) A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system.
added
“(d) Continuous assessment and active management—In carrying out the duties of this section and section 1733 of this title, the product support manager shall—
added
“(1) continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and
added
“(2) as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system.
added
“(e) Recommendations
added
“(1) The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a).
added
“(2) The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations.
added
“(f) Definitions—In this section:
added
“(1) The term covered system means—
added
“(A) a major defense acquisition program as defined in section 4201 of this title;
added
“(B) a major subprogram as described in section 4203 of this title; or
added
“(C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title.
added
“(2) The term operational readiness means the capability of a unit of the armed forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed.
added
“(3) The term product support means the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system.”
(c)
added
Conforming amendments to materiel readiness metrics and objectives for major weapon systems— Section 118 of title 10, United States Code, is amended—
(1)
added
in the section heading, by inserting “materiel readiness” before “objectives”;
(2)
added
in subsection (b), by striking “shall address” and inserting “shall establish procedures and a computation methodology to determine”;
(3)
added
in subsection (c)—
(A)
added
in paragraph (1), by striking “the metrics required” and all that follows through the period at the end and inserting “materiel readiness objectives for each major weapon system.”; and
(B)
added
in paragraph (2), by striking “the metrics required by subsection (b)” and inserting “such readiness objectives”;
(4)
added
in subsection (d)(2), by striking “readiness goals or objectives” and inserting “materiel readiness objectives”;
(5)
added
in subsection (e), in the matter preceding paragraph (1), by inserting a comma after “designated mission”; and
(6)
added
in subsection (f)—
(A)
added
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
(B)
added
by inserting after paragraph (2) the following new paragraph:
added
“(3) The term materiel readiness objective means the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a).”
Sec. 1805
Modifications relating to life-cycle and sustainment provisions
added
(a)
added
Modification to Life-cycle management and product support— Subsection (c)(1)(F) of section 4322 of title 10, United States Code, as amended by section 1804 of this Act, is further amended—
(1)
added
by striking “A plan” and inserting “After consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan”;
(2)
added
by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively;
(3)
added
by inserting after clause (ii) the following new clause:
added
“(iii) an assessment as to the required number of training simulators, including the initial operational capability and overall fielding of such simulators;”
(4)
added
in clause (vi) (as so redeisgnated), by striking “in accordance with clause (iv)” and inserting in “accordance with clause (v)”.
(b)
added
Elements— Subsection (b) of section 4323 of title 10, United States Code, as redesignated by section 1804 of this Act, is amended—
(1)
added
by striking paragraphs (9) and (10);
(2)
added
by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
(3)
added
in paragraph (1), by inserting “in accordance with the requirements of section 118 of this title and” before “in conjunction”;
(4)
added
in paragraph (3), by striking “, to determine” and all that follows through the semicolon at the end and inserting “and make necessary adjustments to the life-cycle sustainment plan required by section 4322 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable;”;
(5)
added
by inserting after paragraph (3) the following new paragraph:
added
“(4) require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to—
added
“(A) identify any factors contributing to a major weapon system failing to meet such requirements and objectives;
added
“(B) develop and implement a corrective action plan to address identified shortfalls in meeting such requirements and objectives in an expeditious manner; and
added
“(C) inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title;”
(6)
added
in paragraph (9) (as so redesignated), by inserting “and” after the semicolon at the end; and
(7)
added
by inserting after paragraph (9) (as so redesignated) the following new paragraph:
added
“(10) prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the military departments to prepare a life cycle intellectual property management plan for product support sufficient to comply with the requirements of section 2464 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).”
(c)
added
Submission to Congress— Such section 4323 is further amended—
(1)
added
by redesignating subsection (d) as subsection (e); and
(2)
added
by inserting after subsection (c) the following new subsection:
added
“(d) Submission to Congress—Not later than December 31, 2026, and annually thereafter, each Secretary of a military department shall submit to the congressional defense committees a report that includes the following:
added
“(1) Findings from a review of the effectiveness of the life-cycle sustainment plan for a major weapon system, as adjusted pursuant to subsection (b)(3).
added
“(2) Findings from the assessments required by subsection (b)(4).
added
“(3) A description of any corrective action plan required by subsection (b)(4)(B), and an update on progress made in implementing such a plan.
added
“(4) A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title.
added
“(5) A summary of actions taken by the Secretary to ensure that each major weapon system of the military department under the jurisdiction of the Secretary meet the applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
added
“(6) For a major weapon system that has not met established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title) for three consecutive years, such report shall include a mitigation plan to address supply, maintenance, or other issues contributing to failure to meet such objectives.”
Sec. 1806
Major capability activity areas and pathfinder programs
added
(a)
added
Transition plan required—
(1)
added
Submission of plan— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a comprehensive plan for reorganizing the structure of the relevant defense budget materials to be primarily organized around major capability activity areas (“MCAAs”).
(2)
added
Elements of the plan— The plan required under paragraph (1) shall be developed to more effectively facilitate the development, fielding, operation, sustainment, and modernization of capabilities or activities of the Department of Defense in accordance with the objectives established pursuant to section 3102 of title 10, United States Code, as added by section 1801 of this Act. Such plan shall include the following:
(A)
added
A description of each proposed MCAA, including how the specific capability of the Department of Defense that is the subject of each MCAA aligns with and supports joint military capabilities.
(B)
added
A proposed schedule, including benchmarks, for phased implementation of the plan to organize the programs of each military department and Defense Agency in a manner primarily organized around MCAAs.
(C)
added
A description of any modifications to reporting, budget justification, or data systems required for defense budget materials to be primarily organized around MCAAs, including modifications necessary to maintain transparency and enable effective oversight by the congressional defense committees.
(D)
added
Recommendations for statutory or regulatory changes needed to facilitate the reorganization of defense budget materials to be primarily organized around MCAAs.
(E)
added
A strategy for maintaining clarity and detail for defense budget materials primarily organized around MCAAs to—
(i)
added
preserve accountability for the delivery of a capability of the Department of Defense that is the subject of the MCAA; and
(ii)
added
enable effective oversight by the congressional defense committees.
(F)
added
A description of the process for designating a Pathfinder under subsection (b).
(3)
added
Organization by MCAAs—
(A)
added
In general— In designating the proposed MCAAs required by subsection (a)(2)(A), the Secretary shall—
(i)
added
organize each proposed MCAA in a capability-oriented structure that reflects the unique and specific aspects of the subject capability of the MCAA;
(ii)
added
assign relevant development, procurement, operations, and sustainment activities of the Department to the proposed MCAA as appropriate; and
(iii)
added
ensure each proposed MCAA is organized in a manner that—
(I)
added
will improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA; and
(II)
added
connects funding for activities assigned to the proposed MCAA to the delivery of subject capability.
(B)
added
Flexibility— The Secretary of Defense shall ensure each military department and Defense Agency has flexibility, according to their specific mission requirements, in the organization of proposed MCAAs.
(b)
added
Designation of pathfinder mcaas—
(1)
added
Designation— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—
(A)
added
designate at least two program executive offices of the Department of Defense to be known as “Pathfinders”;
(B)
added
identify the program executive officer (as described in section 1732 of title 10, United States Code, as added by section 1802 of this Act) with the responsibility of administering each such Pathfinder;
(C)
added
ensure each such program executive officer organizes the programs assigned to such offices into a MCAA in accordance with the requirements of subsection (a)(3); and
(D)
added
submit to the congressional defense committees a notification of each designation made under subparagraph (A), including the total amount authorized to be appropriated for each Pathfinder for fiscal year 2026 and a description of the MCAA associated with each Pathfinder.
(2)
added
Additional or alternative materials— To inform the development of the plan required by subsection (a), each program executive officer for a Pathfinder shall prepare alternative or additional defense budget materials or develop alternative oversight mechanisms for the capability of the Department of Defense that is the subject of the Pathfinder.
(3)
added
Modified transfer authority for pathfinders—
(A)
added
Authority— The Secretary of Defense, acting through a Secretary of a military department or the head of a Defense Agency, may transfer amounts authorized for programs, projects, or activities that are included in a Pathfinder under the jurisdiction of such Secretary or head among such programs, projects, or activities.
(B)
added
Limitations— A transfer made under this paragraph—
(i)
added
shall directly support delivery of the capability of the Department of Defense that is the subject of the Pathfinder;
(ii)
added
may not be used to initiate a new start program (as described in section 3601 of title 10, United States Code);
(iii)
added
may not be used to terminate a program or activity of the Department that was in operation on or before the date of the designation of the Pathfinder; and
(iv)
added
may not exceed 40 percent of the total amount for a Pathfinder specified under paragraph (1)(D).
(4)
added
Additional pathfinders— The Secretary of Defense may designate additional MCAAs as Pathfinders under the authority of this subsection if the Secretary notifies the congressional defense committees not later than 15 days prior to each such designation.
(c)
added
Report to Congress—
(1)
added
In general— Not later than 540 days after the date of the enactment of this Act, and annually thereafter until December 31, 2029, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary of Defense in—
(A)
added
implementing the plan to reorganize the structure of the defense budget materials to be primarily organized around major capability activity areas; and
(B)
added
assessing the effectiveness of the use of a capability-oriented structure in subsection (a)(3) and Pathfinders in subsection (b) to—
(i)
added
improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA or Pathfinder;
(ii)
added
inform and improve budget planning for future activities assigned to the proposed MCAA or Pathfinder for the delivery of subject capability; and
(iii)
added
achieve the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by section 1801 of this Act).
(2)
added
Contents— The report required under paragraph (1) shall include the following:
(A)
added
An evaluation of how the use of MCAAs in preparing defense budget materials has affected the use and allocation of resources and the alignment of such materials with the objectives of the defense acquisition system.
(B)
added
The extent to which MCAAs and use of the transfer authority under subsection (b)(3) for Pathfinders affect the speed of addressing emerging threats and adopting new technologies.
(C)
added
An analysis of any costs or benefits of using MCAAs.
(D)
added
Recommendations, including statutory or regulatory modifications, for—
(i)
added
expanding the use of Pathfinders; and
(ii)
added
continuing the transition to using MCAAs to prepare defense budget materials.
(d)
added
Guidance and directives— The Secretary of Defense shall issue such rules or guidance as necessary to carry out this section, and shall ensure such rules and guidance align with recommendations for improved agility and transparency provided by the Commission on Planning, Programming, Budgeting and Execution Reform (established under section 1004 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81)).
(e)
added
Definitions— In this section:
(1)
added
The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(2)
added
The term major capability activity area or MCAA means a compilation of activities that relate to the delivery of a capability of the Department of Defense, as determined by the Secretary of Defense, for purposes of display in the defense budget materials.
(3)
added
The term joint military capabilities has the meaning given in section 181 of title 10, United States Code.
Sec. 1811
Joint Requirements Council
added
(a)
added
Amendment to name and mission of Joint Requirements Oversight Council— Section 181 of title 10, United States Code, is amended—
(1)
added
in the section heading, by striking “Oversight”;
(2)
added
in subsection (a), by striking “Joint Requirements Oversight Council in the Department of Defense.” and inserting the following:
added
“(1) assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and
added
“(2) provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as “RAPID”).”
(3)
added
by striking “Joint Requirements Oversight Council” each place it appears and inserting “Joint Requirements Council”.
(b)
added
Duties— Subsection (b) of such section 181 is amended to read as follows:
added
“(b) Duties—The Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties:
added
“(1) Continuously evaluating global trends, adversary capabilities, and emerging threats to inform awareness and understanding of joint operational problems.
added
“(2) In coordination with commanders of combatant commands, compiling, refining, and prioritizing joint operational problems.
added
“(3) Identifying and prioritizing gaps in joint military capabilities to address joint operational problems.
added
“(4) Identifying advances in technology and innovative concepts of operation that could improve the ability of the joint force to address evolving threats and maintain the military advantage of the United States.
added
“(5) Developing a joint capability requirement statement that—
added
“(A) describes the joint operational problem to provide necessary context for the joint capability requirement; and
added
“(B) describes the solution sought in a nonprescriptive manner to allow agile and innovative development of joint capability requirements to address the joint operational problem.
added
“(6) Making the following recommendations to RAPID:
added
“(A) With respect to a quick action requirement, actions to fulfill such quick action requirement, not later than 30 days after receipt or identification of such quick action requirement.
added
“(B) Actions to fulfill each joint capability requirement necessary to address joint operational problems, not later than 60 days after receipt or identification of such a joint operational problem.
added
“(C) Modifications to joint force design suitable for addressing joint operational problems or effectively integrating advancements in technology and new concepts of operation.
added
“(D) Ways to improve operational effectiveness, increase operational flexibility, or improve interoperability and coordination between and among joint military capabilities and the military capabilities of allies or partners.
added
“(7) Providing notification to Deputy Secretary of Defense—
added
“(A) upon receipt or identification of a quick action requirement; and
added
“(B) upon submission of any recommendation to RAPID.”
(c)
added
Composition— Subsection (c) of such section 181 is amended—
(1)
added
in paragraph (1)(A)—
(A)
added
by inserting “and RAPID” before “for making recommendations”; and
(B)
added
by striking “joint performance requirements” and inserting “joint capability requirements”; and
(2)
added
in paragraph (3), by inserting “and RAPID” after “Chairman of the Joint Chiefs of Staff”.
(d)
added
Advisors— Subsection (d) of such section 181 is amended—
(1)
added
in paragraph (2)—
(A)
added
by inserting “strongly” before “consider”; and
(B)
added
by striking “its mission under paragraphs (1) and (2) of subsection (b)” and inserting “the duties described in subsection (b)”; and
(2)
added
in paragraph (3)—
(A)
added
by striking “seek, and strongly consider,” and inserting “seek and consider”;
(B)
added
by striking “, in their roles as customers of the acquisition system,”; and
(C)
added
by striking “under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3)”.
(e)
added
Responsibility for Capability Requirements— Subsection (e) of such section 181 is amended to read as follows:
added
“(e) Responsibility for Capability Requirements—The Chief of Staff of an armed force is responsible for the capability requirements for that armed force.”
(f)
added
Analytic and Engineering Support— Subsection (f) of such section 181 is amended—
(1)
added
in the subsection heading, by inserting “and engineering” after “Analytic”;
(2)
added
by inserting “and the Mission Engineering and Integration Activity established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026” after “the Office of Cost Assessment and Program Evaluation”; and
(3)
added
by striking “in operations research, systems analysis, and cost estimation to the Joint Requirements Oversight Council”.
(g)
added
Availability of Information to Congressional Defense Committees— Subsection (g) of such section 181 is amended—
(1)
added
in the subsection heading, by striking “oversight”; and
(2)
added
by striking “oversight information” and inserting “information”.
(h)
added
Definitions— Subsection (h) of such section 181 is amended to read as follows:
added
“(h) Definitions—In this section:
added
“(1) The term capability requirement means a requirement for a capability that is critical or essential to address an operational problem.
added
“(2) The term joint capability requirement means a capability requirement, including a capability requirement related to a requirement for joint force interoperability, that is critical or essential to address a specific joint operational problem.
added
“(3) The term joint military capabilities means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations.
added
“(4) The term joint operational problem means a joint challenge faced by a combatant command in achieving an assigned military objective and may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, among joint military capabilities, or with the military capabilities of allies or partners.
added
“(5) The term operational problem means a challenge or barrier in an operational environment that needs to be overcome to achieve a specific military objective.
added
“(6) The term quick action requirement has the meaning given in Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012).”
(i)
added
Implementation— Not later than 30 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs shall revise policies for the Joint Strategic Planning System (established under the Chairman of the Joint Chiefs of Staff Instruction 3100.01F), the Manual for the Operation of the Joint Capabilities Integration and Development System (issued October 30, 2021) and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section.
(j)
added
Conforming amendments—
(1)
added
Title 10, United States Code— Title 10, United States Code, is amended—
(A)
added
in section 139a, by striking “Joint Requirements Oversight Council” each place it appears and inserting “Joint Requirements Council”;
(B)
added
in section 153(a)(5)(F), by striking “section 181 of this title” and inserting “sections 181 and 186 of this title”;
(C)
added
in section 179(c)(9)—
(i)
added
by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”; and
(ii)
added
by striking “section 181(h)” and inserting “section 181”;
(D)
added
in section 2926(f)(5)(C), by striking “describing” and all that follows through “details regarding” and inserting “describing details regarding”;
(E)
added
in section 3067(b)(1), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”;
(F)
added
in section 3136(e)(1)(A)(ii), by striking “approved by the Joint Requirements Oversight Council and” and inserting “recommended for approval by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title)”;
(G)
added
in section 4202(a)(2)(A), by striking “joint military requirement” and all that follows through the period at the end and inserting the following: “joint capability requirement, as determined by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title)”;
(H)
added
by amending section 4251(e)(1) to read as follows:
added
“(1) The term requirements document has the meaning given in section 3104(d) of this title.”
(I)
added
in section 4252(b)(9), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”;
(J)
added
in section 4376—
(i)
added
in subsection (a), by striking “, after consultation with the Joint Requirements Oversight Council regarding program requirements,”;
(ii)
added
in subsection (b)(2)(B), by striking “joint military requirement (as defined in section 181(g)(1) of this title) at less cost” and inserting “joint capability requirement at less cost”; and
(iii)
added
in subsection (c)(3), by striking “joint military requirements” and inserting “joint capability requirements”; and
(K)
added
in section 5514(b)(2)(C)(ii), by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(A)
added
Section 902(d) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 139a note) is amended—
(i)
added
by striking “, performance requirements, and joint performance requirements” and inserting “or performance requirements”; and
(ii)
added
by striking “Joint Requirements Oversight Council to validate such requirements” and inserting “Joint Requirements Council”.
(B)
added
Section 1684(d)(4)(A)(i) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2271 note) is amended by striking “either approved by, or in development for, the Joint Requirements Oversight Council” and inserting “in development for consideration or under consideration by the Joint Requirements Council”.
(C)
added
Section 1686(b)(1) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2224 note) is amended by striking “through the Joint Requirements Oversight Council” and inserting “in consultation with the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of title 10, United States Code)”.
(D)
added
Section 1510(b)(2) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 113 note) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(E)
added
Section 915(a)(1) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 132 note) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(F)
added
Section 938(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 4571 note prec.) is amended by striking “Joint Requirements Oversight Council” and inserting “Joint Requirements Council”.
(3)
added
Repeals— The following provisions of law are repealed:
(A)
added
Section 942 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 181 note).
(B)
added
Section 916 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 181 note).
(C)
added
Section 105(b) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 181 note).
(D)
added
Section 201 of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 3102 note).
Sec. 1812
Establishment of the Requirements, Acquisition, and Programming Integration Directorate
added
(a)
added
In general— Chapter 7 of title 10, United States Code, is amended by inserting after section 185 the following new section:
added
“186. Requirements, Acquisition, and Programming Integration Directorate
added
“(a) Establishment—There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as “RAPID”).
added
“(b) Purposes—RAPID shall—
added
“(1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems;
added
“(2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and
added
“(3) act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters.
added
“(c) Organization and membership—RAPID shall consist of the following members:
added
“(1) The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID.
added
“(2) One member designated by each commander of a combatant command.
added
“(3) One member designated by the Chairman of the Joint Requirements Council.
added
“(4) One member designated by the Director of Cost Assessment and Program Evaluation.
added
“(5) One member designated by each service acquisition executive of a military department.
added
“(6) One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026).
added
“(7) One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012).
added
“(8) One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID.
added
“(d) Responsibilities
added
“(1) RAPID shall—
added
“(A) promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—
added
“(i) associated resource requirements;
added
“(ii) mission engineering and interoperability considerations for integration into joint architectures; and
added
“(iii) factors related to acquisition and sustainment; and
added
“(B) provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense.
added
“(2) In carrying out paragraph (1), RAPID shall—
added
“(A) use data-driven decisionmaking to prioritize resource allocation;
added
“(B) maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made;
added
“(C) enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and
added
“(D) in addition to any other considerations required under this subsection, consider—
added
“(i) joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council;
added
“(ii) any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i);
added
“(iii) recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and
added
“(iv) the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration.
added
“(e) Recommendation
added
“(1) Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:
added
“(A) A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution.
added
“(B) Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem.
added
“(C) With respect to a solution for which access may be shared with an ally or partner country, recommended considerations—
added
“(i) to be incorporated during the design and development phase of the solution; and
added
“(ii) to facilitate future production and logistics support for the solution to the ally or partner country.
added
“(D) Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability.
added
“(E) Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
added
“(2) The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection.
added
“(f) Determination
added
“(1) Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation.
added
“(2) The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies.
added
“(3) The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction—
added
“(A) for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or
added
“(B) to RAPID for further action to address the relevant joint operational problem.
added
“(g) Notification—If the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure.
added
“(h) Definitions—In this section:
added
“(1) The terms joint capability requirement, joint military capability, joint operational problem, and quick action requirement have the meanings given, respectively, in section 181 of this title.
added
“(2) The term relevant member means a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID.”
(b)
added
Conforming amendments to Director of Cost Assessment and Program Evaluation— Section 139a(d) of title 10, United States Code, is amended—
(1)
added
by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
(2)
added
by inserting after paragraph (3) the following new paragraph:
added
“(4) Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title.”
Sec. 1813
Establishment of the Mission Engineering and Integration Activity
added
(a)
added
Establishment— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a Mission Engineering and Integration Activity (in this section referred to as “MEIA”).
(b)
added
Designation— The Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for MEIA.
(c)
added
Duties— The principal staff assistant designated under subsection (b) shall have the following duties:
(1)
added
Lead cross-service activities to develop, identify, analyze, and validate integrated technology solutions to address joint operational problems.
(2)
added
Coordinate with the appropriate program executive officers to align and implement such activities.
(3)
added
Proactively seek and consider feedback of the primary users and operators of proposed technology solutions to address joint operational problems throughout the implementation of such activities.
(4)
added
Upon request, perform analysis for, experiment with, and prototype technology to integrate such technology into joint architectures, to use such technology, to inform operational concepts, and to provide analysis or recommendations regarding the use of such technology to the Requirements, Acquisition, and Programming Integration Directorate, established by section 186 of title 10, United States Code, as added by this Act (in this section referred to as “RAPID”).
(5)
added
Coordinate with commanders of the combatant commands to understand the priorities of commanders and support the fielding of integrated technology solutions to address joint operational problems.
(6)
added
Upon request, assist a program executive officer in carrying out the responsibilities established under section 1732 of title 10, United States Code, as added by section 1802 of this Act, by providing analysis, recommendations, and engineering assistance in the integration of technology solutions related to the capabilities for which the program executive officer is responsible.
(7)
added
Use existing authorities (including authorities provided in section 4022 of title 10, United States Code) to carry out this section.
(d)
added
Implementation plan—
(1)
added
Plan— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an implementation plan for MEIA.
(2)
added
Elements— The plan required by paragraph (1) shall include a description of the following:
(A)
added
The organizational structure and resource requirements associated with the establishment and operation of MEIA.
(B)
added
How MEIA will support and inform the RAPID in carrying out the requirements of section 186 of title 10, United States Code.
(C)
added
Each budget line item or program element that will be associated with the activities of MEIA.
(D)
added
Coordination between MEIA and relevant elements of the Department of Defense that are established to identify and support the development of, experimentation with, and integration of technology solutions to address joint operational problems for the Department, including—
(i)
added
the Defense Innovation Unit established under section 4217 of the title 10, United States Code;
(ii)
added
the Defense Research and Development Rapid Innovation Program established under section 4061 of such title;
(iii)
added
a entity of the Department of Defense that is a member of the Defense Innovation Community of Entities established by the Director of the Defense Innovation Unit;
(iv)
added
the Strategic Capabilities Office; and
(v)
added
recipients of awards under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined in section 9 of the Small Business Act (15 U.S.C. 638)).
(E)
added
How MEIA will coordinate with and assist—
(i)
added
the commanders of combatant commands in fielding integrated technology solutions to address joint operational problems under subsection (c)(5); and
(ii)
added
the program executive officers and each Secretary of a military department in the integration of technology to enhance military effectiveness and responsiveness.
(F)
added
Any recommendations for changes to statute or policy for successful implementation of this section.
(e)
added
Assessment— Not later than five years after the date of the establishment of MEIA, the Secretary of Defense shall submit to the congressional defense committees an assessment of whether MEIA should be modified, made permanent, or terminated based on its effectiveness in carrying out the requirements of this section.
(f)
added
Joint operational problem defined— In this section, the term joint operational problem has the meaning given in section 181 of title 10, United States Code.
Sec. 1821
Adjustments to certain acquisition thresholds
added
(1)
added
Title 10— Section 3041 of title 10, United States Code, is amended—
(A)
added
in subsection (c)(1)—
(i)
added
in subparagraph (A), by striking “$115,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$275,000,000 (based on fiscal year 2024 constant dollars)”; and
(ii)
added
in subparagraph (B), by striking “$540,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$1,300,000,000 (based on fiscal year 2024 constant dollars)”; and
(B)
added
in subsection (d)(1), by striking “$750,000 (based on fiscal year 1980 constant dollars)” and inserting “$2,000,000 (based on fiscal year 2024 constant dollars)”.
(2)
added
Title 41— Section 109 of title 41, United States Code, is amended—
(A)
added
in subsection (b)(1)—
(i)
added
by striking “$75,000,000 (based on fiscal year 1980 constant dollars)” and inserting “$275,000,000 (based on fiscal year 2024 constant dollars)”; and
(ii)
added
by striking “$300,000,000 (based on fiscal year 1980 constant dollars)” and inserting “$1,300,000,000 (based on fiscal year 2024 constant dollars)”; and
(B)
added
in subsection (b)(2), by striking “$750,000 (based on fiscal year 1980 constant dollars)” and inserting “$2,000,000 (based on fiscal year 2024 dollars)”.
(b)
added
Use of procedures other than competitive procedures— Section 3204(e)(1) of title 10, United States Code, is amended—
(1)
added
by striking “$10,000,000” each place it appears and inserting “$100,000,000”;
(2)
added
by striking “$75,000,000” each place it appears and inserting “$500,000,000”; and
(3)
added
in subparagraph (B)(i), by striking “$500,000” and inserting “$10,000,000”.
(c)
added
Simplified procedures for small purchases—
(1)
added
Title 10— Section 3205(a)(2) of title 10, United States Code, is amended by striking “$5,000,000” and inserting “$10,000,000”.
(2)
added
Title 41— Section 1901(a)(2) of title 41, United States Code, is amended by striking “$5,000,000” and inserting “$10,000,000”.
(d)
added
Simplified acquisition threshold—
(1)
added
Title 10— Section 3571(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(c) For purposes of acquisitions by agencies named in section 3063 of this title, in the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified for that term in subsection (a).”
(2)
added
Title 41— Section 134 of title 41, United States Code, is amended by striking “$250,000” and inserting “$500,000”.
(e)
added
Micro-purchase threshold—
(1)
added
Title 10— Section 3573 of title 10, United States Code, is amended by striking “$10,000” and inserting “$25,000”.
(2)
added
Title 41— Section 1902(a)(1) of title 41, United States Code, is amended by striking “$10,000” and inserting “$25,000”.
(f)
added
Modifications to submissions of cost or pricing data—
(1)
added
Title 10— Section 3702(a) of title 10, United States Code, is amended—
(A)
added
in paragraph (1)—
(i)
added
by striking “2018” each place it appears and inserting “2026”;
(ii)
added
in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”; and
(iii)
added
in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”;
(B)
added
in paragraph (2), by striking “$2,000,000” and inserting “$10,000,000”; and
(C)
added
in subparagraph (3)(A), by striking “chapter and the price of the subcontract is expected to exceed $2,000,000” and inserting the following:
added
“(i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
added
“(ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.”
(2)
added
Title 41— Section 3502(a) of title 41, United States Code, is amended—
(A)
added
in paragraph (1)—
(i)
added
by striking “2018” each place it appears and inserting “2026”;
(ii)
added
in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”; and
(iii)
added
in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”;
(B)
added
in paragraph (2)—
(i)
added
in subparagraph (A), by striking “$2,000,000” and inserting “$10,000,000”;
(ii)
added
in subparagraph (B), by striking “$750,000” and inserting “$2,000,000”; and
(iii)
added
in subparagraph (C), by striking “$750,000” and inserting “$2,000,000”; and
(C)
added
in paragraph (3), by striking “chapter and—” and all that follows and inserting the following:
added
“(i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
added
“(ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.”
(g)
added
Major defense acquisition programs; definitions; exceptions— Section 4201(a)(2) of title 10, United States Code, is amended—
(1)
added
in subparagraph (A), by striking “$300,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$1,000,000,000 (based on fiscal year 2024 constant dollars)”; and
(2)
added
in subparagraph (B), by striking “$1,800,000,000 (based on fiscal year 1990 constant dollars)” and inserting “$4,500,000,000 (based on fiscal year 2024 constant dollars)”.
Sec. 1822
Clarification of conditions for payments for commercial products and commercial services
added
(a)
added
Title 10— Section 3805 of title 10, United States Code, is amended—
(1)
added
in subsection (d)—
(A)
added
by striking “The conditions” and inserting “(1) The conditions”; and
(B)
added
by adding at the end the following new paragraph:
added
“(2) For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.”
(2)
added
by adding at the end the following new subsection:
added
“(e) Definitions—In this section:
added
“(1) The term commercially utilized acquisition strategy means an acquisition of a service by the Government under terms and conditions that—
added
“(A) are similar to the terms and conditions under which such service is available to the public; and
added
“(B) provide such service as a consumption-based solution or under a technology subscription model or other model based on predetermined pricing for access to such service.
added
“(2) The term covered service means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.”
(b)
added
Title 31— Section 3324(d) of title 31, United States Code, is amended—
(1)
added
in paragraph (1)(C), by striking “; and” and inserting a semicolon;
(2)
added
in paragraph (2)—
(A)
added
by inserting “or commercially available content” after “publication”; and
(B)
added
by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following new paragraph:
added
“(3) charges for information and communications technology subscriptions, reservations, or tenancy, including cloud environments, for which the procuring agency defines appropriate access and security standards.”
Sec. 1823
Alternative capability-based pricing
added
added
Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section:
added
“3906. Alternative capability-based pricing
added
“(a) In general—Except as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis.
added
“(b) Exception—Subsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract.
added
“(c) Definitions—In this section:
added
“(1) The term alternative capability-based analysis means an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria:
added
“(A) The suitability of the commercial solution for the particular purpose for which the Government would acquire such commercial solution.
added
“(B) The benefits obtained by the Government as a result of improvements in capability, effectiveness, efficiency, process, or speed to delivery provided by such commercial solution.
added
“(C) The estimated total cost avoidance resulting from the acquisition and use of such commercial solution, including the cost avoidance resulting from reductions to operations, sustainment, or risks to mission by replacing fielded capabilities with such commercial solution.
added
“(D) Input from the intended end users of such commercial solution on the potential value of the improvements to capabilities or processes provided by such commercial solution.
added
“(2) The term commercial solution means a product or service, including an integrated combination of products, services, or products and services—
added
“(A) that is sold, leased, or licensed in the commercial marketplace, or offered for sale, lease, or license in the commercial marketplace; and
added
“(B) the provider of which contemporaneously offers such solution or a solution that is similar to such solution to the general public or public entities, including State and local governments and foreign governments, under terms and conditions that are similar to the terms and conditions under which such solution is offered to the Federal Government.”
Sec. 1824
Matters related to cost accounting standards
added
(a)
added
Reduction of CAS compliance—
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with Cost Accounting Standards Board established under section 1501 of title 41, United States Code, shall—
(A)
added
identify actions necessary to streamline requirements for compliance with the cost accounting standards established under section 1502 of title 41, United States Code (in this section referred to as “CAS”), in the performance of a contract with the Department of Defense; and
(B)
added
reduce or eliminate such requirements under the circumstances described in paragraph (2) for contracts entered into after the date that is 180 days after the date of the enactment of this Act.
(2)
added
Circumstances described— The circumstances described in this paragraph are as follows:
(A)
added
With respect to an action to eliminate compliance with CAS, if reliance on a similar requirement under generally accepted accounting principles (in this section referred to as “GAAP”) would achieve, to the maximum extent possible, the use of commercial accounting standards and systems with respect to such elimination without bias or prejudice to parties to a contract.
(B)
added
If other existing requirements in guidance or regulation will sufficiently protect the interests of the Secretary of Defense in the oversight of cost contracts.
(C)
added
If such requirement is no longer necessary or appropriate.
(b)
added
Changes to applicability of full CAS coverage—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to subsections (a) and (b) of section 1502 of title 41, United States Code, to the extent necessary to increase the thresholds established in section 9903.201-2 of title 48, Code of Federal Regulation, from $50,000,000 to $100,000,000.
(2)
added
Department of Defense— Not later than 120 days after the date of the enactment of this Act, the Secretary shall update the Department of Defense Supplement to the Federal Acquisition Regulation to require full compliance with CAS only for an entity or subsidiary of an entity that—
(A)
added
received a single contract award under CAS with a value equal to or greater than $100,000,000; or
(B)
added
received contracts during the cost accounting period that ended preceding the date of the report with an aggregate value equal to or greater than $100,000,000.
(c)
added
Amendments to Cost Accounting Standards Board—
(1)
added
Organization— Subsection (a) of section 1501 of title 41, United States Code, is amended by striking “Office of Federal Procurement Policy” and inserting “Office of Management and Budget”.
(2)
added
Membership— Subsection (b) of such section 1501 is amended—
(A)
added
by amending paragraph (1) to read as follows:
added
“(1) Members, chairman, and appointment—The Board shall consist of 5 voting members and 2 nonvoting members.
added
“(A) Voting members—One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows:
added
“(i) 2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts—
added
“(I) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and
added
“(II) one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.
added
“(ii) 2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget—
added
“(I) one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and
added
“(II) one member of the accounting profession, with substantial experience as an accountant.
added
“(B) Nonvoting members—The 2 nonvoting members of the Board shall be appointed as follows:
added
“(i) 1 individual who is a senior employee of the Government Accountability Office with substantial experience in contracting and national security acquisitions, appointed by the Comptroller General of the United States.
added
“(ii) 1 individual from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles, appointed by the Director of the Office of Management and Budget.”
(B)
added
in paragraph (2)—
(i)
added
in subparagraph (A), by inserting “, which may be extended for an additional 4-year period by the individual who appointed such member under paragraph (1)” after “4 years”; and
(ii)
added
in subparagraph (B), by striking “paragraph (1)(A)” and inserting “paragraph (1)(A)(i)”; and
(C)
added
by adding at the end the following new paragraph:
added
“(4) Ineligibility—Beginning on January 1, 2028, an individual who is a member of an audit entity of an executive agency (excluding an audit entity of the Government Accountability Office) is not eligible to serve as a member of the Board.”
(3)
added
Duties— Subsection (c) of such section 1501 is amended—
(A)
added
in paragraph (2)—
(i)
added
by striking “within one year” and all that follows through “conform such standards” and inserting the following: “not later than 180 days after the date of enactment of this paragraph, and biennially thereafter, review any cost accounting standards established under section 1502 of this title and eliminate or conform such standards”; and
(ii)
added
by striking “and” at the end;
(B)
added
in paragraph (3), by striking “disputes.” and inserting the following: “disputes, and take necessary action to clarify or improve such standards if misinterpretation or lack of clarity in a standard was a primary component of such dispute; and”; and
(C)
added
by adding at the end the following:
added
“(4) ensure that any action taken pursuant to paragraph (3) is not taken solely for the purpose of tailoring such standard to favor a party in the dispute.”
(4)
added
Report— Subsection (e) of such section 1501 is amended—
(A)
added
in paragraph (1), by striking “and” at the end;
(B)
added
in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new paragraph:
added
“(3) a summary of rulemaking activities related to any changes to such standards and any associated timelines for such activities.”
(5)
added
Senior staff— Subsection (f)(1)(B) of such section 1501 is amended—
(A)
added
by striking “may appoint” and inserting “shall appoint”; and
(B)
added
by striking “two” and inserting “not less than four”.
(6)
added
Covered contract defined— Such section 1501 is amended by adding at the end the following new subsection:
added
“(j) Covered contract defined—In this section, the term “covered contract” means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of title 41, United States Code,”
(7)
added
Deadline— Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, the Secretary of Defense, the Administrator of General Services, and the Comptroller General of the United States shall implement the amendments made by this subsection, including making the appointments under section 1501(b) of title 41, United States Code, as amended by this subsection.
(d)
added
Amendment to mandatory use of cost accounting standards—
(1)
added
In general— Section 1502(b)(1) of title 41, United States Code, is amended—
(A)
added
in subparagraph (B), by striking “amount set forth in section 3702(a)(1)(A) of title 10 as the amount is” and inserting “$10,000,000, as”; and
(B)
added
in subparagraph (C)—
(i)
added
in clause (ii), by inserting “or” at the end;
(ii)
added
in clause (iii), by striking “; or” and inserting a period; and
(iii)
added
by striking clause (iv).
(2)
added
Regulations— Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall issue such regulations as are necessary to implement the amendments made by this subsection.
Sec. 1825
Review of commercial buying practices
added
(a)
added
Review required—
(1)
added
In general— Not later than 120 days after the enactment of this Act, the Secretary of Defense shall carry out a comprehensive review of the approach of the Department of Defense to acquiring commercial products and commercial services and the implementation of the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) by the Department.
(2)
added
Review requirements— The review required by paragraph (1) shall include an assessment of each of the following as they relate to the approach of the Department of Defense to acquiring commercial products and commercial services:
(A)
added
The policies, procedures, guidance, and instructions of the Department of Defense.
(B)
added
The extent to which contracts entered into by the Department of Defense for the acquisition of commercial products or commercial services include requirements or other provisions that should not apply to the acquisition of a commercial product or commercial service and the extent to which such requirements or other provisions are included in subcontracts under such contracts.
(C)
added
Training curricula, educational materials, and associated activities of the Department of Defense related to acquiring commercial products and commercial services, including such curricula, materials, and activities that pertain to the determination of a product or service as a commercial product or commercial service and the congressional intent that the definitions of the terms commercial product and commercial service should be applied broadly.
(D)
added
Audit and oversight policies and practices of the Department of Defense.
(E)
added
Incentives that discourage the acquisition workforce from acquiring commercial products or commercial services.
(F)
added
The process by which the Department of Defense develops and issues regulations related to the acquisition of commercial products or commercial services, including delays in rulemaking and the resulting delays in the implementation of policies intended to improve or streamline the acquisition of commercial products or commercial services.
(G)
added
Requirements in solicitations or contracts of the Department of Defense requiring the use of military specifications or standards when applicable commercial specifications or standards were available that could have meet the needs of the Department served by such military specifications or standards.
(H)
added
The process by which the Department of Defense evaluates past performance, including performance under Federal, State, and local government and private contracts (as described in section 15.305(a)(2)(ii) of the Federal Acquisition Regulation), in the acquisition of commercial products or commercial services.
(b)
added
Report— Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
(1)
added
describes the findings of the review required by subsection (a)(1);
(2)
added
describes the corrective actions taken by the Secretary to address the issues identified pursuant to such review, including any findings of noncompliance by the Department of Defense with the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) or any other statutory or regulatory requirements related to advancing and enabling the procurement of commercial products and commercial services; and
(3)
added
includes any recommendations of the Secretary on actions that Congress may take to better enable to the Department of Defense to take advantage of the benefits of acquiring commercial products and commercial services.
(c)
added
Clarifying amendments—
(1)
added
Treatment of major weapon systems— Section 3455 of title 10, United States Code, is amended—
(A)
added
in subsection (c)(1), by striking “may” and inserting “shall”;
(B)
added
by amending subsection (d) to read as follows:
added
“(d) Applicability of Truthful Cost or Pricing Data requirements—A product treated as a commercial product or purchased under procedures established for the procurement of commercial products under subsection (a) shall be treated as a commercial product for the purposes of chapter 271 of this title.”
(C)
added
in subsection (e), by striking “Deputy Secretary of Defense” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
(2)
added
Cost or pricing data exceptions— Section 3703(a)(1) of title 10, United States Code, is amended by amending subparagraph (A) to read as follows:
added
“(A) adequate price competition; or”
Sec. 1831
Amendment to other transaction authority
added
(a)
added
In general— Section 4022 of title 10, United States Code, is amended—
(1)
added
in subsection (a)(2)—
(A)
added
in subparagraph (A), by striking “agency that” and all that follows through “the use” and inserting “agency that the use”;
(B)
added
in subparagraph (B)—
(i)
added
in clause (i), by striking “writing that” and all that follows through “the use” and inserting “writing that the use”; and
(ii)
added
in clause (ii), by striking “and” at the end;
(C)
added
in subparagraph (C)—
(i)
added
by striking “subsection (f)” each place it appears and inserting “subsection (e)”;
(ii)
added
in clause (i)(I), by striking “the requirements of subsection (d)” and all that follows through “and the” and inserting “the”; and
(iii)
added
in clause (ii), by striking the period at the end and inserting “; and”; and
(D)
added
by adding at the end the following new subparagraph:
added
“(D) may not be exercised for contracts exceeding the production of 500 units of a manufactured or developed product. Contracts exceeding this production threshold may not be categorized as a “prototype” or contracted as such.”
(2)
added
by striking subsection (d);
(3)
added
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
(4)
added
in subsection (f), as so redesignated, by striking “subsection (f)” and inserting “subsection (e)”.
(b)
added
Conforming amendments—
(1)
added
National Security Act of 1947— Section 102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C. 3024(n)(6)(C)) is amended—
(A)
added
by repealing clauses (v) and (vi); and
(B)
added
in clause (vii)—
(i)
added
in the matter preceding subclause (I), by striking “4022(f)(2)” and inserting “4022(e)(2)”; and
(ii)
added
in subclause (V)(cc), by striking “4022(f)(5)” and inserting “4022(e)(5)”.
(2)
added
Homeland Security Act of 2002— Section 831(d) of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) is amended by striking “4022(e)” and inserting “4022(d)”.
(3)
added
John S. McCain National Defense Authorization Act for Fiscal Year 2019— Section 873(c)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4021 note) is amended—
(A)
added
in subparagraph (A), by striking “subsection (f)” and inserting “subsection (e)”; and
(B)
added
in subparagraph (E), by striking “or (f)” and inserting “or (e)”.
(4)
added
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023— Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2911 note) is amended by striking “subsection (f)” and inserting “subsection (e)”.
Sec. 1832
Data-as-a-service solutions for weapon system contracts
added
(a)
added
In general— Chapter 323 of title 10, United States Code, as amended by section 1804 of this Act, is further amended by adding at the end the following new section:
added
“4324. Data-as-a-service solutions for weapon system contracts
added
“(a) Negotiations for data-as-a-service—Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for—
added
“(1) the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or
added
“(2) the maintenance of a core logistics capability in accordance with section 2464 of this title.
added
“(b) Covered Information—The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is—
added
“(1) detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof);
added
“(2) digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data;
added
“(3) design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or
added
“(4) necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof).
added
“(c) Methods and Schedule for Access
added
“(1) With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information.
added
“(2) The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b).
added
“(d) Applicability to commercial products
added
“(1) With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access.
added
“(2) The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary.
added
“(e) Rule of construction—Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title.
added
“(f) Definitions—In this section:
added
“(1) The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof).
added
“(2) The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information.
added
“(3) The term technical data has the meaning given in section 3013 of this title.”
(b)
added
Guidance required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4324 of title 10, United States Code, as added by this section.
(c)
added
Applicability— Section 4324 of title 10, United States Code, as added by this section, shall apply with respect to a contract for the procurement of a weapon system (or component thereof) entered into on or after the date of the enactment of this Act.
Sec. 1833
Requirements for modular open system approach and modifications to rights in technical data
added
(a)
added
Requirements for modular open system approach— Section 4401 of title 10, United States Code, is amended to read as follows:
added
“4401. Requirement for modular open system approach
added
“(a) Requirement—The Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach.
added
“(b) Assessment to inform strategy—Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would—
added
“(1) support the objectives of the defense acquisition system established pursuant to section 3102 of this title;
added
“(2) align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system;
added
“(3) reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats;
added
“(4) enable the use of iterative development cycles and discontinue or terminate the development of capabilities—
added
“(A) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
added
“(B) that are experiencing significant cost growth, performance deficiencies, or delays in schedule;
added
“(5) promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level;
added
“(6) reduce schedule delays and development timelines;
added
“(7) increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and
added
“(8) enable effective life-cycle management and product support of a covered system—
added
“(A) in accordance with the requirements of section 4322 of this title; and
added
“(B) to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
added
“(c) Architecture requirements
added
“(1) In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—
added
“(A) adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b);
added
“(B) to the extent practicable, is based on—
added
“(i) widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or
added
“(ii) if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and
added
“(C) is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces.
added
“(2) The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system.
added
“(3) The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system.
added
“(d) Openness Characteristics—Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:
added
“(1) The open systems objectives identified as result of the assessment required by subsection (b).
added
“(2) A description of the application of specifications or standards for module interfaces to achieve such objectives.
added
“(3) A description of the minimum technical data package elements necessary to achieve such objectives.
added
“(4) The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface.
added
“(e) Applicability to commercial products—In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall—
added
“(1) implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace;
added
“(2) for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms;
added
“(3) when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and
added
“(4) to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title.
added
“(f) Definitions—In this section:
added
“(1) The term covered system means a system that is not a commercial product and that is acquired or developed under—
added
“(A) an acquisition program of the Department of Defense; or
added
“(B) a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title).
added
“(2) The term incremental standard means a specification for a module interface or key interface that includes—
added
“(A) software-defined syntax and properties that specifically govern how values are validly passed and received between subsystems and components in machine-readable format;
added
“(B) a machine-readable definition of the relationship between the module interface or key interface and existing common standards or interfaces available in Department databases; and
added
“(C) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of elements of the module interface or key interface.
added
“(3) The term key interface means a shared boundary between any system, subsystem of a covered system, or set of modules, defined by various physical, logical, functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
added
“(4) The term modular open system approach means the application of a strategy that leverages an architecture that enables modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system to achieve a set of objectives.
added
“(5) The term module means a self-contained functional hardware or software unit—
added
“(A) that can be developed, tested, and deployed independently of a module interface or key interface; and
added
“(B) that can simultaneously interact with another self-contained functional hardware or software unit described in subparagraph (A) through a module interface or key interface.
added
“(6) The term module interface means a shared boundary between modules, defined by physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
added
“(7) The term software development kit means a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform.”
(b)
added
Guidance— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section.
(c)
added
Applicability— The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date of the enactment of this Act.
(d)
added
Modification to rights in technical data—
(1)
added
Rights in technical data— Section 3771 of title 10, United States Code, is amended—
(A)
added
in subsection (a)—
(i)
added
in paragraph (2)(A), by striking “ or copyrights” and inserting “, copyrights, trade secrets,”; and
(ii)
added
by adding at the end the following new paragraph:
added
“(3) Enforcement of certain rights—Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.”
(B)
added
in subsection (b)—
(i)
added
in paragraph (2), by striking “paragraphs (3), (4), and (7),” and inserting “paragraphs (3) and (4),”;
(ii)
added
by amending paragraph (3) to read as follows:
added
“(3) Inapplicability of paragraph (2)—Unless otherwise negotiated, paragraph (2) does not apply to technical data that—
added
“(A) constitutes a correction or change to data furnished by the United States; or
added
“(B) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.”
(iii)
added
by amending paragraph (4) to read as follows:
added
“(4) Exceptions to paragraph (2)
added
“(A) Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that—
added
“(i) relates to form, fit, or function of an item or process; or
added
“(ii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process.
added
“(B) Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use—
added
“(i) is necessary for emergency repair and overhaul;
added
“(ii) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;
added
“(iii) is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and
added
“(iv) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.”
(iv)
added
in paragraph (6)—
(I)
added
in the paragraph heading, by striking “Interfaces” and inserting “Module interfaces of an item”;
(II)
added
by inserting “, in perpetuity,” after “government purpose rights”; and
(III)
added
by striking “an interface between an item or process and other items or processes” and inserting “a module interface of an item”; and
(v)
added
in paragraph (7)—
(I)
added
in the paragraph heading, by striking “Modular system interfaces” and inserting “Key interfaces of an item”;
(II)
added
in subparagraph (A)—
(aa)
added
by striking “paragraphs (2) and (5)” and inserting “paragraph (5) and except as otherwise provided by subsection (e) of section 4401 of this title,”;
(bb)
added
by inserting “, in perpetuity,” after “government purpose rights”; and
(cc)
added
by striking “modular system interface” and inserting “key interface of an item”;
(III)
added
in subparagraph (B), by striking “modular system interface” and inserting “a key interface”; and
(IV)
added
in subparagraph (C), by striking “modular system interface” and inserting “key interface of an item”.
(2)
added
Definitions— Section 3775(b) of title 10, United States Code, is amended to read as follows:
added
“(b) Additional definitions—In this subchapter, the terms key interface, modular open system approach, module interface have the meanings given, respectively, in section 4401 of this title.”
(e)
added
Conforming amendments—
(1)
added
Section 3791(c)(1) of title 10, United States Code, is amended—
(A)
added
in subparagraph (A), by striking “section 4401(b) of this title” and inserting “section 4401 of this title”; and
(B)
added
in subparagraph (D)(iv), by striking “modular system interfaces (as defined in section 4401(b) of this title)” and inserting “module interfaces (as defined in section 4401(f) of this title)”.
(2)
added
Section 4402 of title 10, United States Code, is repealed.
(3)
added
Section 4403 of title 10, United States Code, is repealed.
(4)
added
Section 4425 of title 10, United States Code, is amended to read as follows:
added
“4425. Definitions
added
“In this subchapter:
added
“(1) The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
added
“(2) The term weapon system component—
added
“(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and
added
“(B) includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A).”
(5)
added
Section 804 of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note) is repealed.
Sec. 1834
Bridging Operational Objectives and Support for Transition program
added
(a)
added
Bridging Operational Objectives and Support for Transition program—
(1)
added
Establishment— In meeting the responsibilities of the Defense Innovation Unit under section 4127(d) of title 10, United States Code, the Director of the Defense Innovation Unit shall establish a program (to be known as the “Bridging Operational Objectives and Support for Transition program”) to accelerate the adoption or integration of commercial technologies into programs of record of the Department of Defense.
(2)
added
Program execution— Not later than 90 days after the date of the enactment of this subsection, the Director shall issue guidance on the BOOST program, including guidance to do the following:
(A)
added
Enable a customer seeking a technology solution for a challenge or requirement in a program of record of the Department of Defense to request assistance under the BOOST program with identifying and adopting or integrating such a solution into such program.
(B)
added
Establish requirements for the Defense Innovation Unit to—
(i)
added
conduct a review of commercial technologies pursuant to a request described in subparagraph (A) with respect to a challenge or requirement of a program of record of the Department to identify commercial technology that may address such challenge or requirement;
(ii)
added
provide to the customer that made such request the findings of such review, including any commercial technologies so identified; and
(iii)
added
at the request of such customer after providing such findings to such customer, conduct development, experimentation, or integration activities in coordination with such customer to support or enable the adoption or integration of any commercial technology so identified into such program of record.
(C)
added
Establish criteria for terminating assistance under the BOOST program for a customer or with respect to a commercial technology.
(3)
added
Support to other programs— The Director shall ensure the BOOST program works with and in support of—
(A)
added
the program established under section 4061(a) of title 10, United States Code;
(B)
added
other organizations of the Department of Defense responsible for accelerating the adoption and integration of technology in systems or programs of the Department;
(C)
added
the Small Business Innovation Research Program;
(D)
added
the Small Business Technology Transfer Program; and
(E)
added
the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled “Rapid Fulfillment of Combatant Commander Urgent Operational Needs” (August 24, 2012)).
(4)
added
Funding— Subject to the availability of appropriations, amounts authorized to be appropriated the Defense Innovation Unit for research, development, test, and evaluation for a fiscal year may be used for such fiscal year to carry out the BOOST program.
(5)
added
Sunset— The authorities and requirements under this subsection shall expire on December 31, 2030.
(b)
added
Reporting— Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director, submit to the congressional defense committees a report on the effectiveness of the BOOST program in accelerating the adoption or integration of commercial technologies into programs of record of the Department of Defense, including—
(1)
added
a summary description of customers and technologies adopted or integrated into such programs of record based on assistance provided under the BOOST program;
(2)
added
recommendations of the Secretary to improve the BOOST program; and
(3)
added
a recommendation whether to continue or terminate the BOOST program.
(c)
added
Definitions— In this section:
(1)
added
The term BOOST program means the program established under subsection (a)(1).
(2)
added
The term customer means a program manager or program executive officer of the Department of Defense that has primary responsibility for fielding the system or systems acquired.
(3)
added
The term Director means the Director of the Defense Innovation Unit.
(4)
added
The term program executive officer has the meaning given such term in section 1737(a) of title 10, United States Code.
(5)
added
The terms Small Business Innovation Research Program and Small Business Technology Transfer Program have the meanings given such terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
Sec. 1835
Transition to advanced manufacturing for certain critical items
added
(a)
added
Plan required— Not later than 120 days after the date of the enactment of this Act, the Program Executive Officer for each major weapon system shall, in coordination with each covered contractor and such contractor’s first-tier subcontractors—
(1)
added
conduct an assessment of critical items that could be produced via advanced manufacturing processes within the period of 24 months following the date of the enactment of this Act for the purposes of—
(A)
added
reducing fabrication time and costs; and
(B)
added
increasing the ability to scale production rapidly;
(2)
added
identify any development, engineering or testing (whether conducted by the original equipment manufacturer, contractor, or Federal Government) required to transition production of critical items to advanced manufacturing;
(3)
added
estimate any non-recurring costs to complete such transition and recommend whether such costs are properly borne by the contractor involved or the Federal Government; and
(4)
added
submit a plan to the Under Secretary of Defense for Acquisition and Sustainment to transition production of such critical items to advanced manufacturing to the maximum extent practicable.
(b)
added
Use of existing authorities— The Under Secretary of Defense for Acquisition and Sustainment shall use every available authority to waive or accelerate the development, engineering, or testing requirements identified in subsection (a)(2).
(c)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit the plans required by subsection (a) to—
(1)
added
the Defense Industrial Resilience Consortium established under section 1842 of this Act; and
(2)
added
the congressional defense committees.
(d)
added
Implementation— Following receipt of the plans under subsection (c)(1), the Defense Industrial Resilience Consortium shall commence implementation and competitive solicitation of advanced manufacturing solutions of the critical items identified under subsection (a)(1), with the goal of maximizing the transition of such items to production via advanced manufacturing by not later than 24 months after the date of enactment of this Act.
(e)
added
Definitions— In this section:
(1)
added
The term “covered contractor” means a contractor manufacturing or integrating hardware for a major weapon system.
(2)
added
The term “critical items” means components, subassemblies, and assemblies that are among the top 10 drivers of current or future degraded mission capability for a major weapon system, as determined by the Under Secretary of Defense for Acquisition and Sustainment.
(3)
added
The term “advanced manufacturing” shall have the meaning given that term by the Under Secretary of Defense for Acquisition and Sustainment for purposes of this section. Such definition shall, at a minium—
(A)
added
encompass manufacturing technologies that integrate interconnected digital technologies such as robotics, artificial intelligence, and the Internet of Things, across the entire value stream to create highly efficient, flexible, and data-driven production systems, leading to improved quality, lower costs, and faster innovation; and
(B)
added
include software-controlled subtractive manufacturing, additive manufacturing, powder bed fusion manufacturing, and other similar manufacturing technologies.
Sec. 1841
Amendments to the procurement technical assistance program
added
added
Chapter 388 of title 10, United States Code, is amended—
(1)
added
by amending section 4951(2)(B) to read as follows:
added
“(B) a tribe, reservation, economic enterprise, or organization, as such terms are defined, respectively, in section 3 of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452).”
(2)
added
in section 4952—
(A)
added
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
(B)
added
by inserting before paragraph (2), as so redesignated, the following new paragraph:
added
“(1) to support the growth and resiliency of the industrial base by accelerating innovation, fostering ingenuity of business entities, and establishing resilient supply chains;”
(C)
added
in paragraph (2), as so redesignated, by striking “and” at the end;
(D)
added
in paragraph (3), as so redesignated, by striking the period at the end and inserting “; and”; and
(E)
added
by inserting after paragraph (3) the following new paragraph:
added
“(4) to mitigate costs of entry for business entities that improve the technology capabilities of the Department of Defense.”
(3)
added
in section 4954, by adding at the end the following new subsection:
added
“(g) Pilot program—The Under Secretary of Defense for Acquisition and Sustainment may carry out a pilot program to award funding for national program staff to an eligible entity that has entered into a cooperative agreement under this section. Funding received under such pilot program shall not be subject to the requirements of subsection (b) or (e). National program staff funded under such pilot program shall provide subject matter expertise for technical assistance, including for activities authorized under section 4958.”
(4)
added
in section 4955—
(A)
added
in paragraph (4) by striking “$1,000,000” and inserting “$1,500,000”; and
(B)
added
by adding at the end the following new subsection:
added
“(e) Funding from other federal agencies—The Secretary shall accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter.”
(5)
added
in section 4961—
(A)
added
in paragraph (1), by striking “and” at the end;
(B)
added
in paragraph (2)(B), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following new paragraph:
added
“(3) an amount determined appropriate by the Secretary to establish one or more centers of excellence to provide to individuals or eligible entities that provide procurement technical assistance pursuant to this chapter training necessary to fulfill the purpose of the program under section 4952 of this title.”
Sec. 1842
Defense Industrial Resilience Consortium
added
(a)
added
Establishment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a consortium (to be known as the “Defense Industrial Resilience Consortium”) to address challenges to and limitations of the industrial base to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
(b)
added
Membership— Membership in the consortium established under subsection (a) shall be open to relevant entities and individuals from the Government, industry, and academia with an interest in advanced manufacturing or production technologies, fostering domestic industrial innovation, or enabling rapid, scalable solutions to sustain and enhance the availability of essential defense components.
(1)
added
In general— The consortium established under subsection (a) shall provide a forum for the Government, industry, and academia to collaborate on identifying and addressing challenges to and limitations of the industrial base in meeting the needs of the Department of Defense.
(2)
added
Areas of focus— In identifying and addressing challenges to and limitations of the industrial base, the consortium established under subsection (a) shall focus on—
(A)
added
eliminating impediments to a resilient and robust industrial base, including—
(i)
added
policies and procedures that are impeding businesses of all types and sizes from working with the Department of Defense;
(ii)
added
areas where the Department could improve implementation of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), including limiting the application of requirements specific to the Government in the procurement of commercial products and commercial services, and maximizing the use of commercial standards rather than military specifications and standards; and
(iii)
added
impediments to transitioning research, development, testing, and evaluation programs funded by military departments and the Department to relevant acquisition programs of record;
(B)
added
identifying and addressing supply chain fragility, including—
(i)
added
preventing or mitigating parts obsolescence, and addressing the vulnerabilities from reliance on single sources for any material, product, or service while reducing the dependencies on nonallied nations;
(ii)
added
developing long-term industrial base strategies and solutions to ensure the availability of mission-critical parts for systems of the Department throughout the life cycle of such systems; and
(iii)
added
bolstering supply chain diversity and developing shared awareness of supply chain challenges, risks, and opportunities between Government and industry;
(C)
added
expanding domestic manufacturing and industrial capacity, including—
(i)
added
enabling rapid engagement between Government, academia, and industry to develop, test, and scale solutions that can revitalize domestic manufacturing capabilities, reduce reliance on single sources of supply, and strengthen the defense industrial base;
(ii)
added
identifying financial incentives and business models to enable and support a civil reserve manufacturing network that could be activated to meet the needs of the Department of Defense;
(iii)
added
supporting and informing efforts to enhance government-owned, government-operated arsenals and depots with advanced manufacturing and other production capabilities to enable rapid response across the spectrum of operational environments;
(iv)
added
enabling and enhancing public-private partnerships between the organic industrial base, commercial manufacturing, and other industrial entities; and
(v)
added
anticipate and close gaps in manufacturing capabilities for defense systems by fostering the adoption of additive manufacturing, automation, AI-driven production, and other emerging capabilities to modernize the industrial base and associated supply chains;
(D)
added
accessing and implementing commercial approaches to enabling modern manufacturing capabilities, including—
(i)
added
adoption of commercial approaches to information technology, software, the cloud, data management, and artificial intelligence to support and enable modern manufacturing capabilities; and
(ii)
added
identifying financial incentives and business models to encourage private-sector investment and expand access to advanced, high-quality advanced manufacturing, that uses software to digitize manufacturing to the greatest extent possible; and
(E)
added
development and training of the workforce, including—
(i)
added
leveraging industry best practices training and development of critical skills in advanced manufacturing, including skills required to manufacture unique components and products for systems of the Department of Defense and to enable capabilities of the Department;
(ii)
added
identifying or developing opportunities for public-private talent exchanges and skills development in areas such as advanced manufacturing, supply chain management, and supply chain risk management; and
(iii)
added
identify or develop curriculum and experiential learning to support and enable advanced manufacturing, production technologies, or industrial innovation.
(d)
added
Consortium work products and recommendations— Relevant work products and recommendations developed through consortium activities shall be considered by the Secretary of Defense in developing policy and allocating resources to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges.
(e)
added
Use of other transaction authorities— The consortium established under subsection (a) shall support the use of other transactions authorities under sections 4021 and 4022 of title 10, United States Code, and other appropriate acquisition authorities, to rapidly prototype and field advanced manufacturing solutions and to address the other challenges to and limitations of the industrial base.
Sec. 1843
Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to develop recommendations for improving the policies and procedures of the Department of Defense for the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing.
(b)
added
Membership— The membership of the working group shall include representatives from government, industry, and academia with expertise in advanced manufacturing, engineering, the procedures of the Department of Defense for qualifying and accepting products, supply chain management, or commercial best practices and business models for advanced manufacturing.
(c)
added
Responsibilities— The working group shall—
(1)
added
review the policies and procedures of the Department of Defense to identity policies and procedures for the qualification, acceptance, and management of the supply chains of products that are insufficient for or not applicable to products manufactured using advanced manufacturing;
(2)
added
identify any changes to the policies and procedures of the Department required for the Department to benefit fully from access to and use of products manufactured using advanced manufacturing; and
(3)
added
develop recommendations for—
(A)
added
technical guidance with respect to the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing;
(B)
added
policies and procedures for the qualification, acceptance, and management of the supply chains of such products;
(C)
added
changes to any other policies and procedures of the Department identified under paragraph (2); and
(D)
added
training to enhance the knowledge and experience of the workforce of the Department of Defense with advanced manufacturing, including the benefits, limitations, and commercial best practices and business models for designing, developing, and using products manufactured using advanced manufacturing.
(d)
added
Report— Not later than 1 year after the date of enactment, the Secretary of Defense shall submit to Congress—
(1)
added
a report on the recommendations developed by the working group under subsection (c)(3) and the actions taken by the Secretary to better enable to the Department of Defense to access and use products manufactured using advanced manufacturing; and
(2)
added
a recommendation whether to continue or terminate the working group.
(e)
added
Working group defined— In this section, the term working group means the working group established under subsection (a).
Sec. 1844
Report on surge capacity in the defense industrial base
added
(a)
added
Report required— Not later than March 1, 2026, the Assistant Secretary of Defense for Industrial Base Policy and the Director of Defense Pricing, Contracting, and Acquisition Policy shall jointly submit to the congressional defense committees a report on efforts to identify and address regulations or policies that discourage or prevent contractors of the Department of Defense from maintaining or investing in surge capacity.
(b)
added
Elements— The report required subsection (a) shall include the following:
(1)
added
A discussion of any efforts by United States DOGE Service (commonly referred to as the “Department of Government Efficiency” or “DOGE”), acting in coordination with the Office of the Secretary of Defense, to review and address the barriers described in subsection (a)(1).
(2)
added
An identification of policies that incentivize contractors to reduce or eliminate surge capacity, including section 31.205-17 of the Federal Acquisition Regulation (relating to idle facilities and idle capacity costs).
(3)
added
Any steps taken by the Secretary of Defense to address regulatory barriers disincentivizing surge capacity within the defense industrial base as part of the implementation of Executive Order 14265 titled “Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base” (90 Fed. Reg. 15621; April 15, 2025).
(c)
added
Surge capacity defined— In this section, the term surge capacity mean the ability of contractors in the defense industrial base to rapidly increase production capacity to meet increased demand for defense articles and defense services (as such terms are defined, respectively, in section 301 of title 10, United States Code).
Sec. 2001
Short title
added
added
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2026”.
Sec. 2002
Expiration of authorizations and amounts required to be specified by law
added
(a)
added
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
(1)
added
October 1, 2028; or
(2)
added
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029.
(b)
added
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
(1)
added
October 1, 2028; or
(2)
added
the date of the enactment of an Act authorizing funds for fiscal year 2029 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Sec. 2003
Effective date
added
added
Titles XXI through XXVII shall take effect on the later of—
(1)
added
October 1, 2025; or
(2)
added
the date of the enactment of this Act.
Sec. 2101
Authorized Army construction and land acquisition projects
added
(a)
added
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
(b)
added
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
(c)
added
Repeal of prior authorization— The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2217) is amended—
(1)
added
by striking the item relating to “Florida” in the “State” column;
(2)
added
by striking the item relating to “Naval Air Station Key West” in the “Installation” column; and
(3)
added
by striking the item relating to “$90,000,000” in the “Amount” column.
Sec. 2102
Family Housing
added
(a)
added
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
(b)
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $32,824,000.
Sec. 2103
Authorization of appropriations, Army
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b)
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2101 and 2102 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2104
Extension of authority to carry out fiscal year 2021 project at Fort Gillem, Georgia
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in subsection (b) , as provided in section 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2105
Extension of authority to carry out certain fiscal year 2022 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (135 Stat. 2163) and extended by section 2108 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2106
Extension of authority to carry out certain fiscal year 2023 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat. 2971), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2107
Modification of authority to carry out fiscal year 2025 project at Smith Barracks, Germany
added
added
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2213) for Hohenfels Training Area, for construction of a barracks as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a barracks at Smith Barracks, Germany.
Sec. 2201
Authorized Navy construction and land acquisition projects
added
(a)
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
(b)
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2202
Family Housing
added
(a)
added
Improvements to military family housing units— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,230,000.
(b)
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $6,605,000.
Sec. 2203
Authorization of appropriations, Navy
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b)
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2201 and 2202 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2204
Extension of authority to carry out fiscal year 2022 project at Marine Corps Air Station Cherry Point, North Carolina
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), the authorization set forth in the table in subsection (b), as authorized pursuant to section 2201 of such Act, shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2205
Extension of authority to carry out certain fiscal year 2022 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2201 and 2202 of that Act (135 Stat. 2166, 2167) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2221), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2206
Extension of authority to carry out certain fiscal year 2023 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (136 Stat. 2975), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2301
Authorized Air Force construction and land acquisition projects
added
(a)
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
(b)
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302
Family Housing
added
(a)
added
Improvements to military family housing units— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $237,655,000.
(b)
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $36,575,000.
Sec. 2303
Authorization of appropriations, Air Force
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b)
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2301 and 2302 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2304
Extension of authority to carry out fiscal year 2017 project at Spangdahlem Air Base, Germany
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2902 of that Act (130 Stat. 2743) and most recently extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2224), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2305
Extension of authority to carry out certain fiscal year 2019 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in subsection (b), as provided in section 2903 of that Act (132 Stat. 2287) and most recently extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2225), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2306
Extension of authority to carry out certain fiscal year 2020 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in sections 2301(a) and 2912(a) of that Act (133 Stat. 1867, 1913), and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2226), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2307
Extension of authority to carry out certain fiscal year 2022 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (135 Stat. 2168) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2227), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2308
Extension of authority to carry out certain fiscal year 2023 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (136 Stat. 2978), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2309
Modification of authority to carry out fiscal year 2025 project at F.E. Warren Air Force Base, Wyoming
added
added
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2222) for F.E. Warren Air Force Base, Wyoming, for the Ground Based Strategic Deterrent Utility Corridor, the Secretary of the Air Force may construct 3,219 kilometers of telephone duct facility.
Sec. 2401
Authorized defense agencies construction and land acquisition projects
added
(a)
added
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
(b)
added
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402
Authorized energy resilience and conservation investment program projects
added
(a)
added
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
(b)
added
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2403
Authorization of appropriations, Defense Agencies
added
(a)
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b)
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2401 and 2402 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2404
Extension of authority to carry out fiscal year 2019 project at Iwakuni, Japan
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (132 Stat. 2249) and most recently extended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2232), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2405
Extension of authority to carry out certain fiscal year 2022 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2401 and 2402 of that Act (135 Stat. 2173, 2174), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2406
Extension of authority to carry out certain fiscal year 2023 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2401(a) and 2402(a) of that Act (136 Stat. 2982, 2983), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2407
Modification of authority to carry out fiscal year 2024 project at Redstone Arsenal, Alabama
added
added
In the case of the authorization contained in the table in section 2401 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 726) for Redstone Arsenal, Alabama, for construction of a ground test facility infrastructure project at that location, the Missile Defense Agency may renovate additional square footage and convert administrative space to classified space.
Sec. 2408
Modification of authority to carry out fiscal year 2024 project at Lake City Army Ammunition Plant, Missouri
added
(a)
added
Modifications of project authority— In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) for Lake City Army Ammunition Plant, Missouri, for construction of a microgrid and backup power, the Secretary of Defense may construct a microgrid and backup power, including the installation of liquid propane gas tanks and associated piping, foundations, pumps, saddles, propane vaporizers and controls.
(b)
added
Modification of project amounts—
(1)
added
Project authorization— The authorization table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) is amended in the item relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting “$86,500,000”.
(2)
added
Funding authorization— The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 901) is amended in the items relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting “$86,500”.
Sec. 2409
Modification of authority to carry out fiscal year 2025 project at Joint Base Andrews, Maryland
added
added
In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base Andrews, Maryland, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility.
Sec. 2410
Modification of authority to carry out fiscal year 2025 project at Joint Base Mcguire-Dix-Lakehurst, New Jersey
added
added
In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base McGuire-Dix-Lakehurst, New Jersey, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility.
Sec. 2501
Authorized NATO construction and land acquisition projects; authorization of appropriations
added
(a)
added
Contributions— Using amounts appropriated pursuant to the authorization of appropriations in subsection (b) and available for the North Atlantic Treaty Organization Security Investment Program, the Secretary of Defense may make contributions under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects carried out under such program in an amount not to exceed the sum of—
(1)
added
the amount authorized to be appropriated for such purpose in subsection (b); and
(2)
added
the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
(b)
added
Authorization of appropriations— There is authorized to be appropriated amounts specified in the funding table in section 4601 for the North Atlantic Treaty Organization Security Investment Program for fiscal years beginning after September 30, 2025, for the contributions of the Secretary of Defense described in subsection (a).
Sec. 2511
Republic of Korea funded construction projects
added
added
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:
Sec. 2512
Republic of Poland funded construction projects
added
added
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:
Sec. 2601
Authorized Army National Guard construction and land acquisition projects
added
added
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:
Sec. 2602
Authorized Army Reserve construction and land acquisition projects
added
added
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:
Sec. 2603
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
added
added
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction project for the Navy Reserve and Marine Corps Reserve location inside the United States, and in the amount, set forth in the following table:
Sec. 2604
Authorized Air National Guard construction and land acquisition projects
added
added
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:
Sec. 2605
Authorized Air Force Reserve construction and land acquisition projects
added
added
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:
Sec. 2606
Authorization of appropriations, National Guard and Reserve
added
added
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
Sec. 2607
Extension of authority to carry out certain fiscal year 2023 projects
added
(a)
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2603 and 2604 of that Act (136 Stat. 2986, 2987), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
(b)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2608
Modification of authority to carry out fiscal year 2023 project at Tucson International Airport, Arizona
added
added
In the case of the authorization contained in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2987) for Tucson International Airport, Arizona, the Secretary of the Air Force may acquire a parcel of real property consisting of approximately 10 acres of land located in the northwest quarter of section 18, township 15 south, range 14 east, Gila and Salt River Meridian, City of Tucson, Pima County, Arizona.
Sec. 2609
Authority to carry out fiscal year 2026 project at Army Reserve Center Conroe, Texas
added
(a)
added
Project authorization— The Secretary of the Army may carry out a military construction project to construct a rotary-wing landing pad and taxiway at Army Reserve Center, Conroe, Texas, in an amount not to exceed $12,000,000.
(b)
added
Use of unobligated prior-year funds— To carry out the project described in subsection (a), the Secretary of the Army may use unobligated funds—
(1)
added
that have been appropriated for a fiscal year that precedes fiscal year 2026; and
(2)
added
that remain available under the heading “Military Construction, Army Reserve”.
Sec. 2701
Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account
added
added
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
Sec. 2801
Facility construction or repair: transactions other than contracts and grants
added
(a)
added
In general— Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2808 the following new section:
added
“2808a. Facility construction or repair: transactions other than contracts and grants
added
“(a) Authority—The Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
added
“(b) Use of amounts—The Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 of this title.
added
“(c) Follow-on transactions—A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—
added
“(1) competitive procedures were used for the selection of parties for participation in the original transaction; and
added
“(2) the participants in the original transaction successfully completed—
added
“(A) a complete and useable facility; or
added
“(B) a complete and useable improvement to a facility.
added
“(d) Report—Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.”
(b)
added
Applicability— The amendments made by this section shall apply with respect to transactions entered into on or after the date of the enactment of this Act.
Sec. 2802
Supervision of military construction projects
added
added
Section 2851(a) of title 10, United States Code, is amended by striking “the Secretary of the Army” and all that follows through “approves” and inserting “a military department or Government agency (as approved by the Secretary of Defense)”.
Sec. 2803
Improvements to water management and security on military installations
added
(a)
added
In general— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2866 the following new section:
added
“2866a. Risk-based approach to installation water management and security at military installations
added
“(a) In general
added
“(1) The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
added
“(2) The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines—
added
“(A) are experiencing the greatest risks to water management and water security; and
added
“(B) face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.
added
“(3) Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).
added
“(b) Water management and water security assessments
added
“(1) The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance.
added
“(2) Such methodology shall include the following:
added
“(A) An evaluation of all water sources available to a military installation, disaggregated by—
added
“(i) raw water (total available water volume);
added
“(ii) treated potable water; and
added
“(iii) treated nonpotable water.
added
“(B) An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources.
added
“(C) A calculation of the total water requirement of the military installation that—
added
“(i) includes an identification of the water usage by tenant commands that reside on the military installation; and
added
“(ii) describes the water uses that comprise such total water requirement, disaggregated by—
added
“(I) drinking water uses; and
added
“(II) nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water.
added
“(D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition.
added
“(E) An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including—
added
“(i) the location of the military installation in a drought-prone region;
added
“(ii) decreasing water levels or sources;
added
“(iii) effects of new defense water uses on the total water requirement of the military installation;
added
“(iv) increases to the demand for water in areas outside the jurisdiction of the military installation that—
added
“(I) result from nondefense or defense adjacent requirements; and
added
“(II) could affect—
added
“(aa) the supply of water available for use by the military installation;
added
“(bb) the quality of such water; and
added
“(cc) legal issues of the military installation, such as water rights disputes.
added
“(F) An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
added
“(G) An evaluation of existing water metering and consumption at the military installation, considered at a minimum—
added
“(i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
added
“(ii) by fluctuations in consumption, including peak consumption by quarter.
added
“(H) The appropriate frequency for reassessment of the installations at highest water security risk.
added
“(3) The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years.
added
“(c) Reassessment of water insecure military installations—Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H).
added
“(d) Mitigation of water security risk at most at-risk installations
added
“(1) Each Secretary of a military department shall—
added
“(A) identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and
added
“(B) develop, for each military installation so identified, a plan of action and milestones to address—
added
“(i) risks to water security; and
added
“(ii) threats to mission assurance.
added
“(2) Each such plan of action shall include the following:
added
“(A) The nature of each risk to the military installation’s capacity and mission assurance.
added
“(B) The factors contributing to the high degree of risk, disaggregated by risks located—
added
“(i) inside the jurisdiction of the military installation; and
added
“(ii) outside such jurisdiction.
added
“(C) A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation.
added
“(D) An assessment of—
added
“(i) the effects of planned future missions and new tenants on the demand for water at the military installation; and
added
“(ii) the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance.
added
“(E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure.
added
“(F) A cost-benefit analysis of using “no dig” technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss.
added
“(e) Evaluation of installations for nonpotable water reuse
added
“(1) Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses.
added
“(2) Such evaluation shall include the following:
added
“(A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water.
added
“(B) An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation.
added
“(C) An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b).
added
“(f) Cost effective landscaping management practices
added
“(1) The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements.
added
“(2) For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation.
added
“(3) For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements.
added
“(g) Briefings required
added
“(1) Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes—
added
“(A) an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and
added
“(B) a description of the schedule for developing the plan of action required by subsection (d).
added
“(2) Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing—
added
“(A) an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b);
added
“(B) up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and
added
“(C) a description of—
added
“(i) any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect—
added
“(I) the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or
added
“(II) the demand for water of such a military installation; and
added
“(ii) any change to—
added
“(I) the water supply of a military installation under the jurisdiction of the Secretary concerned; or
added
“(II) the demand for water of such a military installation.
added
“(h) Rule of construction—Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements.”
(b)
added
Conforming repeal— Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2866 note) is repealed.
Sec. 2804
Authority to use progressive design-build procedures for military construction projects
added
added
Section 3241(f) of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “The Secretary” and inserting “Subject to paragraph (4), each Secretary” ;
(2)
added
in paragraph (2), by striking “Any military construction contract” and inserting “Any construction contract for a military construction project”;
(3)
added
by amending paragraphs (3) and (4) to read as follows:
added
“(3) Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following:
added
“(A) A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project.
added
“(B) The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project.
added
“(C) A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction.
added
“(D) Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the use of the authority under this subsection for a military construction project.
added
“(E) An assessment of risk management benefits, including changes in scope, design flexibility, or coordination improvements between contractor and the Secretary of a military department with jurisdiction over the military construction project for which such authority was used.
added
“(F) Any challenges encountered, and mitigation efforts made, in the use such authority for the military construction project.
added
“(4) Each Secretary of a military department may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026.”
Sec. 2805
Pilot program on use of additive construction technologies at Army installations
added
(a)
added
In general— Beginning not later than 90 days after the enactment of this Act, the Secretary of the Army, acting through a designee thereof, shall carry out a pilot program on the use of additive construction technologies for military construction projects on covered installations.
(b)
added
Selection of installations— The Secretary shall—
(1)
added
select one or more covered installations at which to carry out the pilot program under subsection (a); and
(2)
added
take such steps as may be necessary to minimize any disruption from such pilot program on the operations of any covered installation so selected.
(c)
added
Elements— In carrying out the pilot program under subsection (a), the Secretary shall—
(1)
added
generate a standardized design of one or more military housing products compatible with additive construction methods;
(2)
added
using such additive construction methods, build the military housing product or products, as the case may be, pursuant to the respective design generated under paragraph (1)—
(A)
added
at each covered installation selected under subsection (b); and
(B)
added
in sufficient quantities, as determined by the Secretary, to demonstrate the advantages and disadvantages of additive construction if adopted across all military installations; and
(3)
added
prescribe data collection requirements for the activities under paragraphs (1) and (2), including with respect to design and building schedule, cost information, and effect on quality of life, and collect data pursuant to such requirements.
(1)
added
Interim report— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program under subsection (a), including—
(A)
added
a summary of any impediments to such implementation identified by the Secretary, including any statutory or resource limitations;
(B)
added
a summary of the recommendations of the Secretary to address any impediment so identified; and
(C)
added
any other recommendation of the Secretary for improving the pilot program, including whether to extend or make the pilot program permanent, and a strategic sequencing plan for any extension or permanent adoption so recommended.
(2)
added
Final report— Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the congressional defense committees a report on the results of the pilot program, taking into account data collected pursuant to subsection (c)(3).
(e)
added
Termination— The authority to carry out the pilot program under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act.
(f)
added
Covered installation defined— In this section, the term “covered installation” means any installation under the jurisdiction of the Secretary of the Army, without regard to whether the covered installation is located in or outside of the continental United States.
Sec. 2806
Consideration of modular construction methods for military construction projects with protective design elements
added
(a)
added
In general— In determining the requirements for a proposed military construction project with protective design elements, the Secretary of Defense shall consider the use of modular construction methods along with other construction methods to determine the most effective method for such military construction project to meet mission needs.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the use of modular construction methods as described in subsection (a). Such report shall include the following:
(1)
added
A summary of current Department of Defense policy and guidance governing the use of modular construction for military construction projects with protective design elements.
(2)
added
An assessment of the cost effectiveness, construction timelines, performance characteristics, and life-cycle costs of modular construction methods compared to other construction methods for military construction projects.
(3)
added
Identification of the types of military construction projects for which modular construction methods are the most appropriate or advantageous, and any limitations or constraints on the use of such methods.
(4)
added
Any recommendations to promote appropriate consideration of modular construction methods for military construction projects where such methods offer cost, schedule, or operational benefits.
(c)
added
Definitions— In this section:
(1)
added
The term “modular construction” means a construction process in which components of a military construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly.
(2)
added
The term “protective design elements” means, with respect to a military construction project, that such project requires use of materials that have been blast hardened or ballistic hardened.
Sec. 2807
Multiyear contracting authority for certain military construction projects
added
(a)
added
Authority for multiyear contracting— Subject to section 3501 of title 10, United States Code, and the requirements of this section, each Secretary of a military department may enter into one or more multiyear contracts during fiscal year 2026, for any purchase relating to a military construction projects for covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code) or a military child development center (as defined in section 1800 of such title).
(b)
added
Conditions for Out-Year Contract Payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2026 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(c)
added
Advance purchases— A Secretary of a military department may enter into one or more contracts, beginning in fiscal year 2026, for an advance purchase associated with military construction projects for which authorization to enter into a multiyear contracting contract is provided under subsection (a), which may include the purchase of economic order quantities of materials or components for such covered military unaccompanied housing or military child development centers when cost savings are achievable.
(d)
added
Additional requirements—
(1)
added
Cost savings certification— A Secretary desiring to award a multiyear contract under this section shall—
(A)
added
shall submit to the congressional defense committees a certification that the multiyear contract will result in cost savings of at least 10 percent compared to a similar one-year contract; and
(B)
added
may not award such multiyear contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A).
(2)
added
Limitations— Multiyear contracting authority under this section may only be used for military construction projects or covered military unaccompanied housing or military child development centers that—
(A)
added
are included in the future-years defense program submitted for fiscal year 2026 under section 221 of title 10, United States Code; and
(B)
added
use standardized and repeatable designs.
Sec. 2808
Guidance for military construction projects for innovation, research, development, test, and evaluation
added
(a)
added
Guidance required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue written guidance on the implementation of section 2810 of title 10, United States Code.
(b)
added
Contents— The guidance required by this section shall include, at minimum, the following:
(1)
added
Procedures and criteria for the development and submission of project proposals pursuant to subsection (b) of section 2810 of title 10, United States Code.
(2)
added
Definitions for roles and responsibilities for Department of Defense employees with respect to review, approval, and execution of projects carried out under the authority of such section 2810.
(3)
added
Clarification on the use of the authority to carry out projects under such section 2810 may be coordinated with the use of authorities for such projects under sections 2803, 2805, and 4123 of title 10, United States Code.
(4)
added
A process for internal review and validation of projects proposed to be carried out using the authority under section 2810 of title 10, United States Code, which shall include—
(A)
added
assessments of how such proposed projects could be integrated across military departments;
(B)
added
comprehensive time-phased milestone plans for such proposed projects with clearly defined dependencies; and
(C)
added
explicit documentation of budget programming action decisions of the Secretary of the military department with jurisdiction over such project.
Sec. 2811
Improvements to Department of Defense Housing Requirements and Market Analysis
added
(a)
added
In general— Section 2837(d) of title 10, United States Code, is amended by inserting “, Department of Defense civilian employee, and Department of Defense contractor employee” before “population”.
(b)
added
Consideration authorized— Section 2872 of such title is amended—
(1)
added
by striking “In addition to” and inserting “(a) In addition to”; and
(2)
added
by adding at the end the following new subsection:
added
“(b) In the case of family housing units, the Secretary concerned may consider the need for housing for Department of Defense civilian employees and Department of Defense contractor employees when exercising any authority or combination of authorities under this chapter.”
(c)
added
Independent market analysis—
(1)
added
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Secretaries of the military departments, shall seek to enter into an agreement with an independent entity to conduct an evaluation by not later than September 30, 2026, of the suitability of land owned by the Department of Defense in the State of Hawaii for residential housing development for members of the Armed Services and the families of such members.
(2)
added
Submission to Congress— Not later than 30 days after the date on which the evaluation under paragraph (1) is completed, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes the results of such evaluation.
Sec. 2812
Use of imitative substitute building materials for preservation of certain units of military housing under jurisdiction of the Department of Defense
added
added
Subchapter II of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2840. Use of imitative substitute building materials for covered housing units
added
“(a) Authority—Notwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may—
added
“(1) authorize the use of imitative substitute building materials to maintain, repair, renovate, rehabilitate, or otherwise alter covered housing units located on a military installation under the jurisdiction of the Secretary; and
added
“(2) defer the application of historic preservation requirements under chapter 3061 of such title on a covered housing unit until such covered housing unit is 100 years old, regardless of whether such covered housing unit is included on, or eligible for inclusion on, the National Register.
added
“(b) Definitions—In this section:
added
“(1) The term “covered housing unit” means a Government-owned or privatized unit of family housing or military unaccompanied housing that—
added
“(A) was constructed after 1962; and
added
“(B) is under the jurisdiction of the Department of Defense
added
“(2) The term “imitative substitute building materials” means modern, industry-standard, natural, composite, and synthetic materials that—
added
“(A) simulate the appearance of building materials original to a covered housing unit; and
added
“(B) are more cost effective than such building materials.
added
“(3) The term “National Register” means the National Register of Historic Places maintained under chapter 3021 of title 54, United States Code.”
Sec. 2813
Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing
added
added
Section 2891(f) of title 10, United States Code, is amended—
(1)
added
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), repsectively;
(2)
added
by inserting “(1)” before “A landlord providing”;
(3)
added
by striking subparagraph (C) of paragraph (1) (as so redesignated) and inserting the following:
added
“(C) except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—
added
“(i) the resident Internet portal for the housing unit;
added
“(ii) text messaging;
added
“(iii) email; and
added
“(iv) telephone.”
(4)
added
by adding at the end the following new paragraph:
added
“(2) If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—
added
“(A) the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and
added
“(B) the head of the applicable housing management office does not object, in writing, to the closure.”
Sec. 2814
Inclusion of additional landlord financial information in certain annual report on privatized military housing
added
added
Section 2891c(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
added
“(G) Information with respect to each insurance policy maintained by the landlord for such housing units, including the—
added
“(i) scope of coverage;
added
“(ii) deductible;
added
“(iii) policy limit; and
added
“(iv) total premium amount.
added
“(H) The total amount of remedial payments made by the landlord to tenants of such housing units pursuant to a final decision under the dispute resolution process under section 2894 of this title.
added
“(I) For each such remedial payment, a summary of the nature of the dispute underlying the final decision that required the remedial payment.”
Sec. 2815
Continuation of certain reporting requirements with respect to privatized military housing
added
(a)
added
In general— Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 111 note) does not apply to the reports required to be submitted to Congress under subsection (b) and subsection (c) of section 2884 of title 10, United States Code.
(b)
added
Conforming repeal— Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraph (52).
Sec. 2816
Pilot program for emerging mold remediation technologies
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess and implement emerging mold monitoring and remediation technologies in military family housing.
(b)
added
Selection of locations— The Secretary shall select not fewer than three and not more than five military installations at which to carry out the pilot program established under subsection (a). The Secretary shall prioritize selection of military installations in regions with elevated climate-related risk factors for mold growth, such as persistent humidity, frequent rainfall, or outdated HVAC infrastructure.
(c)
added
Elements— In carrying out the pilot program established under subsection (a), the Secretary shall—
(1)
added
install moisture detection systems with advanced capabilities, including sensor-based humidity or spore monitoring technologies capable of generating early warnings for environmental risk conditions;
(2)
added
implement noninvasive or technology-enabled mold remediation tools, such as antimicrobial coatings, dry fogging systems, or UV-based sterilization units;
(3)
added
define infrastructure requirements, including upgrades to HVAC systems or building materials, necessary to support sustained mold prevention using the selected mold detection systems;
(4)
added
train relevant personnel on the deployment, maintenance, and data interpretation of selected mold detection systems;
(5)
added
designate an individual at each military installation selected under subsection (b) to oversee the implementation of the pilot program; and
(6)
added
develop a strategic implementation and evaluation plan to assess performance of the selected mold detection systems and inform future decisions relating to such systems.
(d)
added
Report and briefings—
(1)
added
Report— Not later than 180 days after the termination date in subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including recommendations for broader implementation and an assessment of costs and benefits.
(2)
added
Briefings— Upon completion of the implementation plan required under subsection (c)(6), the Secretary shall provide to the congressional defense committees a briefing on the plan and any preliminary findings.
(e)
added
Termination— The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
(f)
added
Military family housing defined— In this section, the term “military family housing” means housing provided under subchapter II of chapter 169 of title 10, United States Code.
Sec. 2817
Standardization of mold remediation guidelines across military departments
added
(a)
added
Requirement to establish common guidelines— Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall jointly develop and implement uniform guidelines for the remediation of mold in military housing, facilities, and other real property under jurisdiction of each such Secretary.
(b)
added
Consistency with established standards— The guidelines required under subsection (a) shall be consistent with—
(1)
added
applicable municipal and State health and environmental standards; and
(2)
added
third-party industry standards, including the standard of the Institute of Inspection Cleaning and Restoration Certification titled “S520 Standard for Professional Mold Remediation”, or any successor standard.
(c)
added
Applicability— The guidelines required under subsection (a) shall apply—
(1)
added
to contracts or task orders for mold remediation entered into on or after the date of the issuance of such guidelines; and
(2)
added
to mold remediation procedures conducted on or after such date of issuance.
(d)
added
Report— Not later than 180 days after date of the issuance of the guidelines under subsection (a), the Secretaries of the military departments shall jointly submit to the congressional defense committees a report that includes the guidelines and describes plans for implementation of the guidelines and monitoring compliance with the guidelines.
Sec. 2818
Inspections by qualified home inspector of privatized military housing
added
(a)
added
Establishment of independent inspection protocol— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a standardized inspection and audit program for privatized military housing that provides for such inspections and audits to be conducted by an independent qualified home inspector.
(b)
added
Inspection requirements— Under the program established by subsection (a), a qualified home inspector shall annually inspect a statistically representative sample of privatized military housing units at each military installation with privatized military housing. Such inspection shall include, at a minimum—
(1)
added
an evaluation of HVAC systems, plumbing, electrical systems, and structural integrity of the privatized military housing units; and
(2)
added
an inspection for signs of water intrusion, visible and nonvisible mold, microbial contamination, and other indoor air quality concerns.
(c)
added
Inspection implementation plan— Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the program established under subsection (a), including—
(1)
added
contracting procedures for qualified home inspectors;
(2)
added
inspection methodologies;
(3)
added
protocols for reporting, remediation, and follow-up actions; and
(4)
added
integration with existing oversight and compliance frameworks for privatized military housing.
(d)
added
Reporting requirements— Not later than March 1, 2026, and annually thereafter until March 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the results of inspections conducted under this section during the preceding calendar year. The report shall include—
(1)
added
findings and deficiencies identified;
(2)
added
remediation timelines and actions taken; and
(3)
added
recommendations for improving housing conditions and oversight.
(e)
added
Definitions— In this section:
(1)
added
The term “privatized military housing” has the meaning given in section 3001(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2821 note).
(2)
added
The term “qualified home inspector” means an individual who—
(A)
added
possesses housing inspection credentials required by the State in which the inspection is performed; and
(B)
added
is not an employee of, or in a fiduciary relationship with—
(i)
added
the Federal Government; or
(ii)
added
any entity that owns or manages privatized military housing.
Sec. 2819
Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, military unaccompanied housing
added
(1)
added
In general— The Secretary of Defense shall develop and implement a plan to—
(A)
added
improve the accuracy, integration, and interoperability of data across system of a military department to track and maintain data with respect to real property, infrastructure, or military unaccompanied housing under the jurisdiction of a Secretary concerned; and
(B)
added
enhance, across each military department, the tracking, management, and reporting of data with respect to—
(i)
added
the condition of military unaccompanied housing; and
(ii)
added
the occupancy rates of military unaccompanied housing.
(2)
added
Elements— Such plan shall include the following:
(A)
added
A requirement for each Secretary of a military department to update, on an annual basis, the system of the appropriate military department—
(i)
added
for real property planning to include—
(I)
added
an accurate statement of deficits in the occupancy of military unaccompanied housing under the jurisdiction of the Secretary;
(II)
added
a summary that aligns such deficits with unit stationing decisions of the Secretary; and
(III)
added
a description of the effects of relevant changes in force structure; and
(ii)
added
to track and maintain data with respect to military unaccompanied housing to include—
(I)
added
real-time occupancy data and room assignment records with respect to military unaccompanied housing under the jurisdiction of the Secretary; and
(II)
added
a standardized automated process to track completion times of maintenance requests work orders with respect to such military unaccompanied housing.
(B)
added
Standards to ensure, with respect to any system of a military department to assess the condition of infrastructure under the jurisdiction of a Secretary of a military department, that—
(i)
added
data maintained by any such system is synchronized; and
(ii)
added
any such system integrates predictive maintenance tools to—
(I)
added
forecast infrastructure deterioration; and
(II)
added
prioritize repairs.
(C)
added
Enhanced data validation protocols across all housing records of the Department of Defense to—
(i)
added
eliminate discrepancies in such housing records; and
(ii)
added
ensure accuracy of reports that include data from such housing records.
(D)
added
A requirement for each Secretary of a military department to audit, on a periodic basis, data with respect to real property, infrastructure, and military unaccompanied housing under the jurisdiction of the Secretary.
(E)
added
Specific milestones to achieve full data synchronization across each system of a military department to track and maintain data with respect to military unaccompanied housing.
(F)
added
Requirements, for each system described in subparagraph (E), with respect to system integration, user training, and compliance monitoring.
(G)
added
A Department of Defense-wide verification framework to ensure accurate barracks occupancy reporting, which shall include—
(i)
added
required physical inspections;
(ii)
added
automated reconciliation of unit personnel records with housing assignments; and
(iii)
added
mechanisms to prevent ghost occupancy.
(H)
added
A Department of Defense-wide strategy for real-time data analytics to—
(i)
added
optimize investments in military unaccompanied housing;
(ii)
added
improve facility lifecycle management; and
(iii)
added
enable predictive maintenance planning;
(I)
added
A Department of Defense-wide governance policy for data with respect to military unaccompanied housing, that includes—
(i)
added
enforceable protocols for data entry, frequency of updates, access controls, cybersecurity protections; and
(ii)
added
standardized reporting requirements.
(J)
added
A requirement for each Secretary of a military department to implement a standardized system for members of the Armed Forces, including commanders of military installations to—
(i)
added
report discrepancies in data maintained by the Secretary with respect to military unaccompanied housing; and
(ii)
added
submit to the Secretary concerned requests for improvements to the system of the appropriate military department to track and maintain data with respect to military unaccompanied housing.
(b)
added
Deadline— The Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives the plan required by subsection (a) by not later than September 30, 2026.
Sec. 2821
Modification to assistance for public infrastructure projects and services
added
added
Section 2391(b)(5)(B)(iv) of title 10, United States Code, is amended—
(1)
added
by inserting “(including health care, housing, and defense critical infrastructure projects and services)” after “projects and services”; and
(2)
added
by striking “the defense industrial base and the defense industrial base workers, if the Secretary determines such support will improve operations of the Department of Defense” and inserting “the defense industrial base, defense industrial base workers, and military installations”.
Sec. 2822
Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization for military departments
added
added
Section 2680 of title 10, United States Code, is amended—
(1)
added
in subsection (b)—
(A)
added
in the heading, by inserting “; treatment of certain amounts” after “Exclusion”;
(B)
added
by inserting “(1)” before “In making”; and
(C)
added
by adding at the end the following new paragraph:
added
“(2) During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year.”
(2)
added
by striking subsection (e) and inserting the following:
added
“(e) Definitions—In this section:
added
“(1) The term “covered facility” means a facility (as defined in section 2801 of this title), except that such term does not include—
added
“(A) a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;
added
“(B) a facility in which the Department does not have a total ownership interest, including—
added
“(i) a facility leased by the Department;
added
“(ii) a facility in which the Department has a lesser property interest under a governing legal instrument; and
added
“(iii) housing constructed or acquired under subchapter IV of chapter 169 of this title; or
added
“(C) a facility for which the Department uses—
added
“(i) nonappropriated funds; or
added
“(ii) amounts appropriated or otherwise made available for military family housing.
added
“(2) The term “plant replacement value” means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:
added
“(A) Operation and maintenance.
added
“(B) Military construction.
added
“(C) Research, development, test, and evaluation.
added
“(D) Working capital funds.”
Sec. 2823
Extension of authority to carry out Department of Defense pilot program for use of cost savings realized
added
added
Section 2679(e)(4) of title 10, United States Code, is amended by striking “September 30, 2025” and inserting “September 30, 2030”.
Sec. 2824
Department of Defense intergovernmental support agreements for ordnance disposal
added
added
Section 2679(f)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: “The term does include ordnance disposal.”.
Sec. 2825
Authorities available for Energy Resilience and Conservation Investment program projects on privatized utility systems
added
added
Section 2688 of title 10, United States Code, is amended—
(1)
added
by striking “of a military department” each place it appears and inserting “concerned”;
(2)
added
in subsection (h), by adding at the end the following new sentence: “The Secretary concerned may make such a contribution pursuant to any procurement authority available to such Secretary, including the authority to modify an existing services contract with the entity to which the utility system, or a military construction contract if such contribution is in an amount equal to the total cost of the project.”; and
(3)
added
in subsection (k)—
(A)
added
by striking “to carry out a military construction project”; and
(B)
added
by adding at the end the following new paragraph:
added
“(3) The Secretary of Defense or the Secretary concerned may enter into a contract under paragraph (1) pursuant to any procurement authority available to the Secretary, including the authority to modify an existing services contract with the conveyee of the utility system, or a military construction contract, if the total proposed cost of such contract or modification is included in the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”
Sec. 2826
Repeal of construction requirements related to antiterrorism and force protection or urban-training operations
added
(a)
added
Repeal— Section 2859 of title 10, United States Code, is repealed.
(b)
added
Conforming amendment— Section 2864 of such title is amended—
(1)
added
by striking subsection (e); and
(2)
added
by redesignating subsection (f) as subsection (e).
Sec. 2827
Repeal of pilot program authorizing overhead cost reimbursements from major range and test facility base users at certain Department of the Air Force installations
added
added
Section 2862 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 9771 note prec) is repealed.
Sec. 2828
Department of Defense procedures with respect to planning coordination for grid resiliency on military installations
added
added
Section 2920(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
added
“(5) The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section.
added
“(6) Coordination under paragraph (5)—
added
“(A) shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and
added
“(B) may include consultation with relevant Federal and non-Federal entities.”
Sec. 2829
Master plans for Service Academies
added
(a)
added
Plans required— Each Secretary of a military department shall develop a master plan for each Service Academy under the jurisdiction of the Secretary to comprehensively address infrastructure requirements of such Service Academy. Each master plan shall include the following:
(1)
added
Consideration of the requirements of subparagraphs (A) through (D) of section 2864(a)(2) of title 10, United States Code.
(2)
added
For the Service Academy that is the subject of a master plan—
(A)
added
a list of infrastructure located at the Service Academy that is in poor or failing condition on or before the date described in subsection (c);
(B)
added
a plan for replacing, recapitalizing, or renovating such infrastructure not later than five years after such date; and
(C)
added
a list of infrastructure located at the Service Academy that—
(i)
added
is listed on the National Register of Historic Places (maintained under chapter 3021 of title 54, United States Code) on or before the date described in subsection (b); or
(ii)
added
will be eligible inclusion on the National Register of Historic Places not later than five years after the date of the enactment of this Act.
(3)
added
An assessment of risks posed by disruptions in energy availability, risks posed by extreme weather (as defined in section 101 of title 10 United States Code), cybersecurity risks, and risks related to availability of clean water applicable to the Service Academy that is the subject of a master plan.
(b)
added
Additional requirement— Each master plan required under subsection (a) shall propose a method to address the requirements of paragraphs (1) and (3) of such subsection not later than five years after the date described in subsection (c).
(c)
added
Deadline— Each master plan required under subsection (a) shall be completed no later than September 30, 2027.
(d)
added
Briefing— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the timeline for the completion of the master plans required under subsection (a).
(e)
added
Submission of plan— Not later than 30 days after the date on which a Secretary of a military department completes a master plan required under subsection (a) or December 1, 2027, whichever is earlier, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a copy of the master plan.
(f)
added
Service Academy defined— In this section, the term “Service Academy” has the meaning given in section 347 of title 10, United States Code.
Sec. 2830
Review of Unified Facilities Criteria applicable to military construction projects; report
added
(a)
added
Review required—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall conduct a comprehensive review of all Unified Facilities Criteria applicable to military construction projects that the Secretary determines—
(A)
added
contribute to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects;
(B)
added
are outdated, redundant, or unnecessarily burdensome; or
(C)
added
could be consolidated or eliminated to improve the efficiency of military construction projects.
(2)
added
Considerations— In conducting such review, the Secretary of Defense shall—
(A)
added
consider the unique operational requirements and security considerations of the Department of Defense; and
(B)
added
ensure any revisions to the Unified Facilities Criteria the Secretary recommends pursuant to such review would maintain the mission readiness and force protection standards of the Department.
(b)
added
Elements— Pursuant to such review, the Secretary shall—
(1)
added
identify criteria in the Unified Facilities Criteria that the Secretary determines—
(A)
added
contribute disproportionately to cost premiums for military construction projects, particularly such standards that are not commonly required in substantially similar commercial construction projects; or
(B)
added
neither reflect relevant industry standards as of the date of the enactment of this Act nor Department of Defense-specific needs that are not addressed in relevant State codes;
(2)
added
analyze whether such criteria are mandated by law, regulation, or internal policy, and the origin of such criteria;
(3)
added
evaluate whether—
(A)
added
such criteria could be modified or eliminated without compromising safety and mission readiness; and
(B)
added
standards for substantially similar commercial construction projects could be substituted for such criteria to improve cost-effectiveness and efficiency of military construction projects.
(c)
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the review required under subsection (a) that includes the following:
(1)
added
A list of criteria in the Unified Facilities Criteria the Secretary—
(A)
added
determines contributes to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects; and
(B)
added
recommends for revision, replacement, or recision pursuant to such review.
(2)
added
For each such criteria, an explanation of the reasons for the recommendation of the Secretary.
(3)
added
An explanation of the anticipated cost savings and performance implications the Secretary estimates would result from each recommended revision, replacement, or recision.
(4)
added
A plan and timeline for implementation of each recommended revision, replacement, or recision.
(5)
added
Policy or legislative recommendations the Secretary determines are necessary to support such implementations.
(6)
added
An explanation of how the Secretary will ensure that critical defense-specific standards will be preserved during any revisions, replacements, or recisions implemented pursuant to the review.
(d)
added
Military construction project defined— In this section, the term “military construction project” has the meaning given such term in section 2801 of title 10, United States Code.
Sec. 2831
Annual report on cost premium for construction of certain facilities
added
(a)
added
Report required— Not later than March 1, 2026, and annually thereafter for five years, the Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed quantitative and qualitative assessment of the cost premium for construction of facilities selected under subsection (b).
(b)
added
Selection of facilities— The Secretary shall select not more than five facilities to include in the report required under subsection (a), which may include the following:
(1)
added
A unit of covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code).
(2)
added
A military child development center (as defined in section 1800 of such title).
(3)
added
An administrative facility located on a military installation.
(4)
added
Military family housing.
(5)
added
Military aircraft hangars and runways.
(6)
added
Physical fitness centers located on military installations.
(c)
added
Contents— Each report required under subsection (a) shall include the following:
(1)
added
The cost premium, expressed as a percentage, for the facilities selected under subsection (b).
(2)
added
A detailed assessment of the factors contributing to cost premium, including—
(A)
added
compliance with the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) and any other design requirements specific to military construction projects;
(B)
added
compliance with UFC 4–010–01 titled “DoD Minimum Antiterrorism Standards for Buildings”;
(C)
added
prevailing wage and labor requirements;
(D)
added
Federal procurement requirements contained in the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;
(E)
added
security requirements relating to access to military installations; and
(F)
added
requirements relating to sustainability and energy efficiency.
(d)
added
Recommendations— Each report required under subsection (a) shall include recommendations for the following:
(1)
added
Proposed statutory, regulatory, or policy reforms to reduce the cost premium for military construction without compromising mission needs.
(2)
added
Best practices from the private sector and State or local government construction projects that could improve cost efficiency for military construction projects.
(3)
added
Alternative construction methodologies and procurement strategies that could mitigate the cost premium for military construction.
(e)
added
Cost premium for military construction defined— In this section, the term cost premium, with respect to a facility, means the difference between—
(1)
added
the cost to construct a new facility carried out by the Secretary of Defense; and
(2)
added
the estimated cost to construct a similar facility carried out by a private entity, as adjusted for size, geographic location, and function of such facility.
Sec. 2832
Historical marker commemorating effects of radiation exposure at Holloman Air Force Base and White Sands Missile Range
added
(a)
added
Historical markers Required—
(1)
added
Holloman Air Force Base— The Secretary of the Air Force shall place a historical marker as described in subsection (b) in a publicly accessible location at the Holloman Air Force Base.
(2)
added
White Sands Missile Range— The Secretary of the Army shall place a historical marker as described in subsection (b) in a publicly accessible location at the White Sands Missile Range.
(b)
added
Required information— A historical marker described in subsection (a) shall commemorate the effects of radiation exposure on communities in New Mexico as a result of the Manhattan Project and the nuclear test conducted at the Trinity Site. Such historical marker shall include, at a minimum, the following:
(1)
added
An unclassified description of the history of the Manhattan Project and its purpose, including a description of the nuclear test conducted at the Trinity Site.
(2)
added
A description of how the classified nature of the Manhattan Project and the nuclear test conducted at the Trinity Site led to the unknowing exposure of individuals in communities located downwind from such testing to radiological byproducts and associated consequences of such byproducts.
(c)
added
Briefing required— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force and Secretary of the Army shall jointly provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the implementation of the requirements of this section.
(d)
added
Definitions— In this section:
(1)
added
The term “Manhattan Project” means the Federal military program to develop an atomic bomb ending on December 31, 1946.
(2)
added
The term “Trinity Site” means the location in the Jornada del Muerto desert near Alamogordo, New Mexico, where a nuclear weapon was detonated on July 16, 1945.
Sec. 2833
Name of Department of the Army military installation, Augusta, Georgia
added
added
The military installation under the jurisdiction of the Department of the Army located in Augusta, Georgia, shall after the date of the enactment of this Act be known and designated as “Fort Shugart Gordon”. Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Shugart Gordon.
Sec. 2834
Name of the Department of the Army military installation located in Muscogee County and Chattahoochee County, Georgia
added
added
The military installation under the jurisdiction of the Department of the Army located in Muscogee County and Chattahoochee County, Georgia, shall on and after the date of the enactment of this Act be known and designated as “Fort Moore”, in commemoration of Lieutenant General Harold G. Moore, Jr., United States Army, and Mrs. Julia Compton Moore. Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Moore.
Sec. 2841
Extension of sunset for land conveyance, Sharpe Army Depot, Lathrop, California
added
added
Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “five years” and inserting “10 years”.
Sec. 2842
Land conveyance, Former Curtis Bay Depot, Maryland
added
(a)
added
Conveyance authorized—
(1)
added
In general— The Administrator of General Services, in consultation with the Director of the Defense Logistics Agency may convey to the Maryland Economic Development Corporation (in this section, referred to as “MEDCO”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 435.00 acres at 710 Ordnance Road, the former Curtis Bay Depot for the purpose of economic development.
(2)
added
Consultation with Coast Guard— In carrying out the conveyance under this subsection, the Administrator shall consult with the Secretary of Homeland Security with respect to matters concerning the equities of the Coast Guard in areas in proximity to such parcel of real property.
(b)
added
Consideration required— As consideration for the conveyance under subsection (a), MEDCO shall provide an amount that is equivalent to the fair market value to the Federal Buildings Fund for the right, title, and interest conveyed under such subsection, based on an appraisal approved by the Administrator. The consideration under this subsection may be provided by cash payment, in-kind regulatory closure, or a combination thereof, at such time as the Administrator may require.
(c)
added
Payment of costs of conveyance—
(1)
added
Payment required— The Administrator may require MEDCO to cover all costs (except costs for environmental remediation of the property) to be incurred by the Administrator, or to reimburse the Administrator for costs incurred by the Administrator, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from MEDCO in advance of the Administrator incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Administrator to carry out the conveyance, the Administrator shall refund the excess amount to MEDCO.
(2)
added
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Administrator to carry out the conveyance under subsection (a) shall remain available until expended.
(d)
added
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Administrator.
(e)
added
Additional terms and conditions— The conveyance under this section shall be subject to the following:
(1)
added
The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States.
(2)
added
MEDCO shall execute a purchase and sale agreement within one year of enactment of this legislation.
(3)
added
The conveyance will be on an “as-is, where-is” basis via quitclaim deed subject to an access easement to the U. S. Army Reserve Facility along the shoreline of Curtis Bay.
(4)
added
The conveyance will be in compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. 9620(h)).
(5)
added
To the maximum extent possible, the Federal Government shall incorporate land use controls to satisfy CERCLA requirements for the purpose of expediting disposition and subsequent redevelopment.
Sec. 2851
Deadline for congressional notification of decisions to carry out certain unspecified minor military construction projects
added
added
Section 2805(b)(2) of title 10, United States Code, is amended—
(1)
added
by striking “shall notify” and inserting “shall submit, in an electronic medium pursuant to section 480 of this title, to”;
(2)
added
by inserting “a notification” after “appropriate committees of Congress”; and
(3)
added
by striking “, of the justification” and all that follows through “of this title.” and inserting “by not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include, with respect to the project, a description, a justification, and an estimation of the total cost to the United States.”.
Sec. 2852
Modification to unspecified minor military construction authority for laboratory revitalization projects
added
added
Section 2805 of title 10, United States Code, is amended—
(1)
added
in paragraph (2) of subsection (b), by striking “$4,000,000” and inserting “$6,000,000”;
(2)
added
in subsection (d)—
(A)
added
by striking “$9,000,000” each place it appears and inserting “$20,000,000”;
(B)
added
in paragraph (3), by inserting “and that costs more than the amount specified in subsection (b)(2)” after “to which this subsection applies”;
(C)
added
by redesignating paragraph (4) as paragraph (6); and
(D)
added
by inserting after paragraph (3) the following new paragraphs:
added
“(4)
added
“(A) The Secretary concerned shall review, on an annual basis, the thresholds for funding specified in this section to determine whether such thresholds should be increased.
added
“(B) In making a determination under subparagraph (A), the Secretary of concerned shall consider the UFC 3-701-01 DoD Facilities Pricing Guide.
added
“(5) If the Secretary concerned makes a decision to increase a threshold for funding specified in this section, the Secretary concerned shall notify the appropriate committees of Congress of such decision and the facts concerning the increase to such threshold. Such increase may take effect only after the end of the 14-day period beginning on the date the notification is received by such appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.”
(3)
added
by striking subsection (f) and inserting the following:
added
“(f) Adjustment of dollar limitations for location—During the period beginning on the date of the enactment of the Military Construction Act for Fiscal Year 2026 and ending on September 30, 2028, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $30,000,000 as the result of any adjustment made under this subsection.”
Sec. 2853
Modification of authority for Indo-Pacific posture unspecified minor military construction projects
added
added
Section 2810(a) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2805 note) is amended by striking “$30,000,000” and inserting “$50,000,000”.
Sec. 2854
Amendments to defense laboratory modernization program
added
added
Section 2805(g)(5) of title 10, United States Code, is amended by striking “$150,000,000” and inserting “$300,000,000”.
Sec. 2855
Transfer of defense laboratory modernization program authority to provision of law with respect to military construction projects for research, test, development, and evaluation
added
added
Subsection (g) of section 2805 of title 10, United States Code (as amended by section 2854), is—
(1)
added
transferred to the end of section 2810 of such title; and
(2)
added
redesignated as subsection (f) of such section.
Sec. 2856
Authority of a Secretary concerned to carry out certain unspecified minor military construction projects
added
added
Section 2815(a) of title 10, United States Code, is amended—
(1)
added
by inserting “, including unspecified minor military construction projects not otherwise authorized by law,” after “military construction projects”; and
(2)
added
by striking “in accordance with” and all that follows through the end of the subsection and inserting the following:
added
“(1) section 2802 of this title (except as provided in subsection (e)); or
added
“(2) section 2805 of this title.”
Sec. 2861
Modification to definition of military installation resilience
added
added
Section 101(f)(8) of title 10, United States Code, is amended—
(1)
added
by striking “or from” before “anticipated or unanticipated changes in environmental conditions”; and
(2)
added
by inserting “, energy or water disruptions, or human-induced hazards with respect to the environment” before “, that do”.
Sec. 2862
Requirements relating to funds for construction and improvement of commissary store facilities
added
added
Section 2685 of title 10, United States Code, is amended by adding at the end the following:
added
“(f) Rule of construction—Nothing in this section shall be construed to prohibit the Secretary of Defense from using proceeds from commissary store sales or appropriated funds to acquire, lease, construct, convert, expand, improve, repair, maintain, or equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system.
added
“(g) Annual report on unfunded commissary priorities
added
“(1) Annually and not later than ten days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of the Defense Commissary Agency shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Committees on Armed Services of the Senate and the House of Representatives a report on unfunded priorities of the Department of Defense related to commissary facilities.
added
“(2) Each report under paragraph (1) shall include, for each unfunded priority covered by such report, the following:
added
“(A) A summary description of such priority, including the objectives to be achieved if such priority were to be funded in whole or in part.
added
“(B) The additional amount of funds recommended in connection with the objectives identified under subparagraph (A).
added
“(C) Account information with respect to such priority.
added
“(3) The Director of the Defense Commissary Agency shall ensure that the unfunded priorities covered by a report under paragraph (1) are listed in the order of urgency, as determined by the Director.
added
“(4) In this subsection, the term “unfunded priority”, with respect to a fiscal year, means an activity related to commissary facilities that—
added
“(A) is not funded in the budget of the President for that fiscal year;
added
“(B) is necessary to address commissary facilities safety, capacity, usability, and reliability needs; and
added
“(C) would have been recommended for funding through such budget if additional resources had been available.”
Sec. 2863
Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps forces in Asia Pacific region
added
added
Section 2844(b)(2) of the National Defense Authorization Act for Fiscal Year 2017 is amended by inserting “, including operations and maintenance for the curation of archeological and cultural artifacts.” after “artifacts”.
Sec. 2864
Cooperative agreements with respect to management of land and cultural resources located on military installations
added
(a)
added
Land management agreements— Section 103A of the Sikes Act (Public Law 86–797; 16 U.S.C. 670c–1) is amended—
(1)
added
in subsection (a)—
(A)
added
in the heading, by striking “of Secretary of military department” and inserting “to enter into cooperative agreements”; and
(B)
added
by striking “of a military department” and inserting “of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy,”;
(2)
added
in subsection (b)—
(A)
added
in paragraph (1), by inserting “, or the Department of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy,” after “Department of Defense”; and
(B)
added
in paragraph (3)—
(i)
added
by inserting “or the Secretary of Homeland Security” after “Secretary of Defense”; and
(ii)
added
by striking “congressional defense committees” and inserting “appropriate congressional committees”; and
(3)
added
by adding at the end the following:
added
“(d) Appropriate congressional committees defined—In this section, the term appropriate congressional committees means—
added
“(1) the Committees on Armed Services of the House of Representatives and the Senate;
added
“(2) the Committee on Transportation and Infrastructure of the House of Representatives;
added
“(3) the Committee on Natural Resources of the House of Representatives; and
added
“(4) the Committee on Commerce, Science, and Transportation of the Senate.”
(b)
added
Agreements with respect to cultural resources— Section 2684(a) of title 10, United States Code, is amended by striking “Secretary of a military department” and inserting “Secretary concerned”.
(c)
added
Agreements with respect to encroachment— Section 2684a of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “Secretary of a military department” and inserting “Secretary concerned”; and
(B)
added
by striking the comma after “National Guard installation”;
(2)
added
in subsection (b)(2), by striking “concerned”;
(3)
added
in subsection (c), by striking “Secretary of a military department” and inserting “Secretary concerned”;
(4)
added
in subsection (e)(4)—
(A)
added
in subparagraph (D)(i)—
(i)
added
by inserting “and, with respect to matters concerning the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” after “House of Representatives”; and
(ii)
added
in subclause (I), by inserting “concerned” after “Secretary”; and
(B)
added
in subparagraph (E)(i), by inserting “, the Department of Homeland Security,” after “Department of Defense”;
(5)
added
in subsection (h)—
(A)
added
in paragraph (1)—
(i)
added
by striking “of the military departments” and inserting “concerned”; and
(ii)
added
by inserting “and, with respect to the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” after “House of Representatives”; and
(B)
added
in paragraph (2)(F), by inserting “or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when the Coast Guard is not operating as a service in the Navy” after “Secretary of Defense”;
(6)
added
in subsection (j), by inserting “Coast Guard,” after “Space Force,” each place it appears; and
(7)
added
in subsection (k)—
(A)
added
by striking paragraph (1); and
(B)
added
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
Sec. 2865
Limitation on the use of funds for implementing certain energy efficiency building codes
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to implement section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), or any rules or regulations issued under such section, on property owned or leased by the Secretary of Defense or property used for purposes of national defense, unless the Secretary of Defense determines that such implementation would enhance military readiness, operational effectiveness, mitigate contested logistics risk, or increase mission assurance.
Sec. 2866
Limitation on use of funds for contravention or reversal of implementation of recommendations of commission on the naming of certain items of the Department of Defense
added
added
None of the funds authorized to be appropriated or otherwise made available by this Act may be used to contravene or reverse the implementation of the recommendations of the commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America established pursuant to section 370 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
Sec. 2867
Limitation on use of funds to reduce capabilities or staffing of Department of Defense military treatment facilities located inside the United States
added
(a)
added
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to reduce the mission capabilities or staffing at a military treatment facility under the jurisdiction of the Department of Defense located inside the United States until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a cost-benefit analysis that includes, with respect to the military treatment facility—
(1)
added
an identification of the average daily patient load;
(2)
added
an estimate of the savings to the United States that would arise from a reduction in mission capabilities or staffing;
(3)
added
an estimate of the cost to the United States to—
(A)
added
transfer the functions of the military treatment facility—
(i)
added
to a medical facility under the jurisdiction of the Department of Veterans Affairs; or
(ii)
added
private health care facilities to furnish health care to eligible beneficiaries using TRICARE; and
(B)
added
maintain infrastructure used by the military treatment facility as of the date of the enactment of this Act that the Secretary intends to—
(ii)
added
convert to an outpatient health care facility; or
(iii)
added
use for a non-medical purpose;
(4)
added
an estimate of the increase to transportation costs with respect to medical care for individuals who receive at the medical treatment facility that would arise from a reduction in mission capabilities or staffing;
(5)
added
a list of non-Department of Defense medical facilities located within 20 miles of the medical treatment facilities that provide medical care that is substantially similar to the medical care provided by the medical treatment facility;
(6)
added
a plan for the disposition of medical equipment and other Department-owned assets pursuant to a reduction in mission capabilities or staffing; and
(7)
added
an assessment of the effects of such a reduction on military readiness.
(b)
added
Comptroller General report— Not later than 30 days after any date on which the Secretary submits a cost-benefit analysis under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate an independent assessment of the cost-benefit analysis.
Sec. 2868
Notice relating to contracts or other agreements to establish an enduring location in a foreign country
added
(a)
added
Notification required— Not later than 30 days after the date on which the Secretary of Defense, a Secretary of a military department, or a combatant commander enters into a contract or other agreement to establish an enduring location (as described in section 2687a of title 10, United States Code) in a foreign country for purposes of supporting members of the Armed Forces in such foreign country, the Secretary of Defense shall submit to appropriate congressional defense committees a notification of such action.
(b)
added
Contents— The notification described in subsection (a) shall include, with respect to the foreign country to which such contract or other agreement relates, a determination of whether a unit of a foreign security force of such foreign country has committed a gross violation of human rights (as described in section 362 of title 10, United States Code).
Sec. 2869
Designation of official responsible for coordination of defense sites within area of responsibility of Joint Region Marianas
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Commander of Joint Region Marianas shall designate an official to be responsible for, in coordination with appropriate officials of the military departments (as defined in section 101 of title 10, United States Code) and the United States Indo-Pacific Command—
(1)
added
coordinating Department of Defense-wide efforts with respect to the management of defense sites within the Joint Region Marianas area of responsibility;
(2)
added
ensuring the continuity of such efforts at such defense sites, including necessary infrastructure investments; and
(3)
added
ensuring clear and consistent communication to such Federal, State, and local officials with respect to the needs and priorities of the Department of Defense for such defense sites.
(b)
added
Selection— In making the designation under subsection (a), the Commander of Joint Region Marianas may appoint an individual with a significant background and expertise in—
(1)
added
relevant legal and technical aspects related to land use or real estate issues; and
(2)
added
working with officials at all levels of government.
(c)
added
Notification— Not later than 30 days after the date on which the Commander of Joint Region Marianas designates an individual pursuant to subsection (a), the Commander shall submit to the Committees on Armed Services of the House of Representatives and the Senate and appropriate officials of the defense sites within the Joint Region Marianas area of responsibility a notification that includes the name and contact information of such individual.
(d)
added
Defense site defined— In this section, the term “defense site” has the meaning given such term in section 2710 of title 10, United States Code.
Sec. 3101
National Nuclear Security Administration
added
added
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
Sec. 3102
Defense environmental cleanup
added
added
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3103
Other defense activities
added
added
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3104
Nuclear energy
added
added
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for nuclear energy as specified in the funding table in section 4701.
Sec. 3111
Plutonium pit production capacity
added
added
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended—
(1)
added
by redesignating subsections (f), (g), and (h) as subsections (g), (i), and (h), respectively;
(2)
added
by moving subsection (i), as so redesignated, so as to appear after subsection (h), as so redesignated;
(3)
added
in subsection (i), as so redesignated, by striking “this subsection” and inserting “this section”; and
(4)
added
by inserting after subsection (e) the following new subsection (f):
added
“(f) Capacity—In carrying out subsection (a), the Secretary of Energy shall—
added
“(1) ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to reliably produce not less than 30 war reserve plutonium pits annually; and
added
“(2) ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the ability to reliably produce not less than 50 war reserve plutonium pits annually.”
Sec. 3112
Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration
added
(a)
added
In general— Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended—
(1)
added
in section 4220(c)—
(A)
added
in paragraph (3)—
(i)
added
by striking “Periodically” and inserting “Continually”; and
(ii)
added
by inserting “integrated system demonstrations, ” after “flight testing,”; and
(B)
added
in paragraph (4)—
(i)
added
by striking “Shorten” and inserting “Develop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce”; and
(ii)
added
by striking “and timelines to minimize” and all that follows through the end of the paragraph and inserting “cost and schedule”; and
(2)
added
by adding at the end of the following new section:
added
“4225. Rapid capabilities program
added
“(a) In general—The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the “rapid capabilities program”) to develop new nuclear weapons or modified nuclear weapons that meet military requirements.
added
“(b) Objectives—The program under subsection (a) shall have the following objectives:
added
“(1) Identify and assess potential design concepts for rapid development feasability.
added
“(2) Carry out projects with the goal of achieving first production unit within 5 years of project initiation.
added
“(3) Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability.
added
“(4) Maximize reuse of existing components, non-serial manufacturing, and limited production quantities.
added
“(5) Minimize distribution to other major nuclear weapons stockpile modernization programs.
added
“(6) Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process.
added
“(c) Program budget—In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
added
“(d) Joint nuclear weapons life cycle process defined—In this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.”
(b)
added
Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4224 the following new item:
Sec. 3121
Modification to reporting requirements with respect to nuclear weapons stockpile stewardship, management, and responsiveness plan
added
added
Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended—
(1)
added
in subsection (b)—
(A)
added
by striking paragraph (1);
(B)
added
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and
(C)
added
in paragraph (1), as so redesignated—
(i)
added
by striking “subsection (d)” and inserting “subsection (c)”;
(ii)
added
by striking “March 15 of each odd-numbered year” and inserting “45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress”; and
(iii)
added
in paragraph (2), as so redesignated, by striking “summaries and reports” and inserting “report”;
(2)
added
by striking subsection (c);
(3)
added
by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and
(4)
added
in subsections (c) and (d), as so redesignated, by striking “subsection (b)(2)” each place it appears and inserting “subsection (b)(1)”.
Sec. 3122
Assessment of the National Nuclear Security Administration Spent Fuel Handling Recapitalization Project
added
(a)
added
In general— The Deputy Administrator for Naval Reactors of the National Nuclear Security Administration shall carry out an independent assessment of the Spent Fuel Handling Recapitalization Project.
(b)
added
Elements— The assessment required under subsection (a) shall include, with respect to such project—
(1)
added
a root cause analysis to determine the underlying causes of the cost overruns, schedule delays and performance shortcomings;
(2)
added
an analysis of—
(A)
added
the quality assurance program of such project; and
(B)
added
the corrective action processes and application of standards for nuclear quality assurance under such quality assurance program; and
(3)
added
any other matter the Deputy Administrator determines appropriate.
(c)
added
Submission to Congress— Not later than 30 days after the date on which the Deputy Administrator completes the assessment required under subsection (a), the Deputy Administrators shall submit to the congressional defense committees and the Comptroller General of the United States a report that includes the findings of such assessments.
Sec. 3123
Limitation relating to reclassification of high-level waste
added
(a)
added
Limitation— Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled “Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste” (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington.
(b)
added
Waiver— The Secretary may waive the limitation under subsection (a) relating to the reclassification of high-level radioactive waste if—
(1)
added
the Secretary submits to the appropriate congressional committees a notice of the waiver that includes—
(A)
added
a justification for such reclassification;
(B)
added
documentation from both the Environmental Protection Agency and the Department of Ecology of the State of Washington that indicates that such Agency and Department, respectively, concur with such reclassification, as required by the Hanford Federal Facility Agreement and Consent Order, signed on January 10, 2025; and
(2)
added
a period of 60 days has elapsed following the submission of such notice.
(c)
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
(1)
added
The Committees on Armed Services of the House of Representatives and the Senate.
(2)
added
The Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate.
Sec. 3124
Notification requirement with respect to nuclear power in Guam
added
(a)
added
Notification— Except as provided in subsection (b), the Secretary of Defense shall, not later than 180 days before any date on which the Secretary carries out the placement of a nuclear reactor in Guam, submit to Congress and the Governor of Guam a notification of such placement.
(b)
added
Exception— Subsection (a) shall not apply to a nuclear reactor aboard a naval vessel.
(c)
added
Nuclear reactor defined— In this section, the term “nuclear reactor” has the meaning given the term “advanced nuclear reactor” in section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271).
Sec. 3201
Authorization
added
added
There are authorized to be appropriated for fiscal year 2026, $45,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
Sec. 3401
Authorization of appropriations
added
(a)
added
Amount— There are authorized to be appropriated to the Secretary of Energy $13,000,000 for fiscal year 2026 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves.
(b)
added
Period of availability— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
Sec. 3501
Authorization of appropriations for Maritime Administration
added
(a)
added
In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2026, for programs associated with maintaining the United States Merchant Marine, the following amounts:
(1)
added
For expenses necessary to support the United States Merchant Marine Academy, $201,500,000, of which—
(A)
added
$101,500,000 shall be for Academy operations;
(B)
added
$50,000,000 shall be for facilities maintenance and repair and equipment; and
(C)
added
$50,000,000 shall be for the development of a design-build plan for the phased rehabilitation, modernization, and construction of facilities and infrastructure at the United States Merchant Marine Academy in accordance with the Campus Modernization Plan required by section 51329 of title 46, United States Code, as added by section 3531.
(2)
added
For expenses necessary to support the State maritime academies, $58,800,000, of which—
(A)
added
$4,800,000 shall be for the Student Incentive Payment Program;
(B)
added
$13,000,000 shall be for direct payments for State maritime academies;
(C)
added
$12,000,000 shall be for training ship fuel assistance;
(D)
added
$4,000,000 shall be for offsetting the costs of training ship sharing; and
(E)
added
$25,000,000 shall be for maintenance and repair of State maritime academy training vessels.
(3)
added
For expenses necessary to support the National Security Multi-Mission Vessel program, including funds for construction and necessary expenses to construct shoreside infrastructure to support such vessels, $75,000,000.
(4)
added
For expenses necessary to support Maritime Administration operations and programs, $105,500,000, of which—
(A)
added
$15,000,000 shall be for the maritime environmental and technical assistance program under section 50307 of title 46, United States Code;
(B)
added
$15,000,000 shall be for the United States marine highway program, including to make grants authorized under section 55601 of title 46, United States Code;
(C)
added
$2,000,000 shall be for the Office of Environment and Compliance, including to assist in the environmental review of grant and permit programs administered by the Maritime Administration; and
(D)
added
$73,500,000 shall be for headquarters operations expenses.
(5)
added
For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000.
(6)
added
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $390,000,000.
(7)
added
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 534 of title 46, United States Code, $122,400,000.
(8)
added
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,700,000, of which—
(A)
added
$30,000,000 may be used for the cost (as such term is defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program; and
(B)
added
$3,700,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
(9)
added
For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $105,000,000.
(10)
added
For expenses necessary to implement the port infrastructure development program, as authorized under section 54301 of title 46, United States Code, subject to the limitation under subsection (b), $550,000,000, to remain available until expended.
(1)
added
In general— No funds may be obligated or expended for the port infrastructure development program pursuant to subsection (a)(9) to make a grant to be used for the purchase of fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary of Transportation determines such equipment would result in a net loss of jobs within a port or port terminal.
(2)
added
Report— If the Secretary makes a determination pursuant to paragraph (1), not later than three days after the date on which such determination is made, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the data and analysis used by the Secretary in making such determination.
Sec. 3511
Clarification regarding use of port infrastructure development program funds to replace Chinese port crane hardware or software
added
added
Section 54301(a)(3)(A)(ii)(III) of title 46, United States Code, is amended—
(1)
added
by striking “including projects to improve port resilience;” and inserting “including—”; and
(2)
added
by adding at the end the following new items:
added
“(aa) projects to improve port resilience; and
added
“(bb) projects to upgrade or replace port cranes or parts of port cranes (including hardware and software) that—
added
“(AA) were installed or provided by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; or
added
“(BB) are maintained, controlled, or sponsored by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China;”
Sec. 3512
Clarification of certain authorities relating to deepwater ports
added
(a)
added
In general— Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting “Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof.”.
(b)
added
NEPA compliance— Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following:
added
“(f) NEPA compliance
added
“(1) Definition of lead agency—In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
added
“(2) Lead agency
added
“(A) In general—For all applications, the Department of Transportation shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added
“(B) Effect of compliance—Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.”
(1)
added
In general— Not later than 18 months after the date of the enactment of this Act, the Commandant of the Coast Guard shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
(2)
added
Retention of authority— The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety.
(3)
added
Updates to authority— As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.
(d)
added
Rule of construction— Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other law.
(e)
added
Applications— Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of the enactment of this Act.
Sec. 3513
Eligibility of shore power projects under port infrastructure development program
added
(a)
added
In general— In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2026, the Secretary of Transportation shall treat a project described in subsection (b) as—
(1)
added
having met the requirements of paragraph (1) and (6)(A)(i) of section 54301(a) of such title; and
(2)
added
being an eligible project under section 5430l(a)(3) of such title.
(b)
added
Project described— A project described in this subsection is a project to provide shore power at a port that services both of the following:
(1)
added
Passenger vessels described in section 3507(k) of title 46, United States Code.
(2)
added
Vessels that move goods or freight.
Sec. 3521
Report on use of commercial contracting agent for crewing and operation of military sealift command vessels
added
(a)
added
In general— Not later than April 1, 2026, the Secretary of the Navy, in consultation with the Administrator of the Maritime Administration, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of a commercial contracting agent for the crewing and operation of military sealift command vessels.
(b)
added
Elements— The report required under subsection (a) shall contain each of the following:
(1)
added
An assessment of whether the crewing and operation of military sealift command vessels through the use of a commercial contracting agent would mitigate the shortage of civilian mariners and increase availability of military sealift command vessels.
(2)
added
Any examples of operations within the Military Sealift Command being carried out through a contract, as of the date of the enactment of this Act.
(3)
added
An identification of potential cost savings associated with the crewing and operation of military sealift command vessels through the use of a commercial contracting agent.
(4)
added
An identification of specific military sealift command vessels or missions that may be suitable for crewing or operation through the use of a commercial contracting agent.
Sec. 3531
United States Merchant Marine Academy campus modernization plan
added
(a)
added
Campus modernization plan— Chapter 513 of title 46, United States Code, is amended by adding at the end the following new section:
added
“51329. Campus modernization plan
added
“(a) In general—The Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following:
added
“(1) The construction of new facilities or the significant renovation of existing facilities to provide—
added
“(A) standards of training, certification, and watchkeeping applications laboratories;
added
“(B) a safety of life at sea training pool;
added
“(C) engineering power plant laboratories;
added
“(D) athletic facilities that meet the needs of both male and female midshipmen;
added
“(E) enhanced waterfront facilities, including a new pier;
added
“(F) a visitor welcome center and main campus security office building;
added
“(G) housing facilities for senior staff and faculty; and
added
“(H) sufficient parking facilities for faculty, staff, and campus visitors.
added
“(2) Upgrades to all classrooms and laboratories with modern information technology infrastructure.
added
“(2) A campus-wide upgrade and retrofit of—
added
“(A) the electric distribution power grid;
added
“(B) the sanitary sewer system piping;
added
“(C) the storm drainage system; and
added
“(D) the drinking water system, including development of a separate and redundant fire suppression system.
added
“(3) Renovations of campus facilities to ensure that all campus facilities—
added
“(A) are structurally sound;
added
“(B) have reliable heating and air conditioning systems;
added
“(C) have functioning plumbing and electrical systems;
added
“(D) are protected from the elements, including through roof replacements and window repairs or replacements, as needed;
added
“(E) are accessible in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
added
“(F) have working fire alarm and fire suppression systems.
added
“(b) Use of federal construction agent—Consistent with the requirements of section 3515(d)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), the Administrator shall seek to enter into an agreement with a Federal construction agent to carry out the campus modernization plan.”
(b)
added
Clerical amendment— The table of sections for chapter 513 of title 46, United States Code, is amended by adding at the end the following new item:
(c)
added
Deadline for implementation— The Secretary of Transportation shall develop and begin to implement the campus modernization plan required under section 51329 of title 46, United States Code, by not later than 180 days after the date of the enactment of this Act.
Sec. 3532
Cargoes procured, furnished, or financed by United States Government
added
added
Section 55305 of title 46, United States Code, is amended—
(1)
added
in subsection (a) by striking “When the United States Government” and inserting “Except as provided in subsection ( c), when the United States Government”;
(2)
added
by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and
(3)
added
by inserting after subsection (b) the following:
added
“(c) Exception—When the Department of Transportation procures, contracts for, or otherwise obtains for its own account, or provides financing in any way with Federal funds or advances funds or credits, for the furnishing or obtaining of the equipment, materials, or commodities, the Secretary of Transportation or recipient of such financing shall take steps necessary and practicable to ensure that 100 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.”
Sec. 3533
Treatment of the University of Louisiana Maritime Academy as a State maritime academy
added
(a)
added
In general— Notwithstanding the requirements of section 51506 of title 46, United States Code, and except as provided in subsection (b), during the two-year period beginning on the date of the enactment of this Act, the Secretary of Transportation shall treat the University of Louisiana State Maritime Academy in the same manner as a State maritime academy under chapter 515 of title 46, United States Code.
(b)
added
Exception— Subsection (a) shall not apply after the date on which the University of Louisiana is fully recognized as a State maritime academy under chapter 515 of title 46, United States Code.
Sec. 3534
Design and construction of missile instrumentation range safety vessels
added
(a)
added
Vessel construction—
(1)
added
Completion of design— Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Director of the Missile Defense Agency, shall complete the design of missile instrumentation range safety vessels for the National Defense Reserve Fleet to allow for the construction of such vessels to begin in fiscal year 2027.
(2)
added
Agreement with vessel construction manager— Notwithstanding section 8679 of title 10, United States Code, and subject to the availability of appropriations, the Secretary of the Transportation, in consultation with the Director of the Missile Defense Agency, shall seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than two such vessels in accordance with this section.
(3)
added
Design standards and construction practices— Subject to paragraph (2), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
(b)
added
Consultation with other Federal entities— The Secretary of Transportation shall consult and coordinate with the Director of the Missile Defense Agency and may consult with the heads of other appropriate Federal agencies regarding the vessel referred to in subsection (a) and activities associated with such vessel.
(c)
added
Prohibition on use of funds for used vessels— None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel.
(d)
added
Missile Defense Agency transfer authority— The Director of the Missile Defense Agency may transfer amounts authorized to be appropriated for the Missile Defense Agency for research, development, test, and evaluation to the Secretary of Transportation, to be used for the purposes authorized by this section. Any amount transferred pursuant to this subsection shall retain its original period of availability.
Sec. 4001
Authorization of amounts in funding tables
added
(a)
added
In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
(b)
added
Merit-based decisions— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
(1)
added
be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
(2)
added
comply with other applicable provisions of law.
(c)
added
Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
(d)
added
Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
(e)
added
Oral and written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
Sec. 4101
Procurement
added
Sec. 4201
Research, development, test, and evaluation
added
Sec. 4301
Operation and maintenance
added
Sec. 4401
Military personnel
added
Sec. 4501
Other authorizations
added
Sec. 4601
Military construction
added
Sec. 4701
Department of Energy national security programs
added