H.R. 8800 — what changed
National Defense Authorization Act for Fiscal Year 2027
From Reported in House to Engrossed in House.
73 sections amended, 388 added, and 6 removed between Reported in House and Engrossed in House.
Sec. 2
Organization of Act into divisions; table of contents
(a)
Divisions— This Act is organized into four divisions as follows:
(1)
Division A—Department of Defense Authorizations.
(2)
Division B—Military Construction Authorizations.
(3)
Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4)
Division D—Funding Tables.
(5)
added
Division E—SAVE America Act.
(b)
Table of contents— The table of contents for this Act is as follows:
Sec. 112
Report on production of 155mm artillery ammunition
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
(1)
added
an explanation of the status of efforts to produce 155mm artillery ammunition for the Department of Defense; and
(2)
added
recommendations, if any, for accelerating the production of such ammunition to support the Army’s minimum production goal of 100,000 rounds per month for each type of 155mm artillery round.
Sec. 113
Sense of Congress on domestic production of artillery projectiles
added
added
It is the sense of Congress that—
(1)
added
maintaining robust domestic production of M795 155mm artillery projectiles is critical to ensuring the operational effectiveness of the Army; and
(2)
added
the Secretary of Defense should take such steps as may be necessary to ensure that the United States has sufficient stockpiles of such projectiles to protect the interests of the United States and its allies and partners throughout the world.
Sec. 114
Report on fielding of Link 16 tactical data link networking capabilities on UH–60M and CH–47F aircraft
added
added
Not later than December 1, 2026, the Secretary of the Army shall submit to the congressional defense committees a report on the efforts of the Army to field Link 16 tactical data link networking capabilities on UH–60M and CH–47F aircraft. The report shall include—
(1)
added
a description of how Link 16 tactical data link networking capabilities on the AH–64E, UH–60M, and CH–47F aircraft contribute to the Next Generation Command and Control efforts of the Army; and
(2)
added
such other information as the Secretary determines appropriate.
Sec. 115
Minimum inventory requirement for Stryker A1 combat vehicles
added
(a)
added
Minimum inventory requirement— During the period beginning on the date of the enactment of this Act and ending on December 31, 2030, the Secretary of the Army shall ensure that the Army maintains a minimum inventory of not fewer than 1,524 deployable Stryker DVH A1 combat vehicles in its Stryker Brigade Combat Teams.
(b)
added
Exception— The requirement under subsection (a) shall not apply to individual Stryker DVH A1 combat vehicles that the Secretary of the Army determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of accidents, mishaps, or excessive material degradation.
Sec. 116
Multiyear procurement authority for armored multi-purpose vehicles
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 armored multipurpose vehicles.
(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 2028, for advance procurement associated with the vehicles 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 vehicles when cost savings are achievable.
Sec. 134
Minimum inventory of P–8A Poseidon aircraft
added
(a)
added
In general— The Secretary of the Navy shall ensure that the total number of P–8A Poseidon aircraft in the inventory of the Navy is not less than 136 aircraft.
(b)
added
Authority to increase planned procurement— Beginning on October 1, 2026, the Secretary of the Navy may increase the total planned procurement of P–8A Poseidon aircraft to beyond 136 aircraft.
(c)
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to retire, divest, transfer to a nonoperational status, place in storage, prepare for retirement, or otherwise reduce the total active inventory of P–8A Poseidon aircraft below the number specified in subsection (a).
(d)
added
Waiver— The Secretary of Defense may waive the limitation under subsection (c) if the Secretary certifies to the congressional defense committees that—
(1)
added
the reduction is required due to the loss of an aircraft through combat, accident, or other unforeseen circumstance; and
(2)
added
the reduction will not materially degrade the ability of the Navy to conduct maritime patrol, antisubmarine warfare, antisurface warfare, intelligence, surveillance, reconnaissance, and fleet support missions.
Sec. 141
Inventory requirements for certain fighter aircraft
(a)
Modification of inventory requirements for Air Force fighter aircraft—
(1)
In general— Subsection (i) of section 9062 of title 10, United States Code, is amended to read as follows:
“(i)
changed
“(1) “(1)(A) During the period beginning on October 1, 2026, and ending on October 1, 2035, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,800 aircraft.
added
“(B) The Secretary of the Air Force shall maintain a total aircraft inventory of combat-coded fighter aircraft of—
added
“(i) not less than 1,369 aircraft by December 31, 2030; and
added
“(ii) not less than 1,558 aircraft by December 31, 2035.
“(2) In this subsection:
“(A) The term fighter aircraft—
“(i) means an aircraft that—
“(I) is designated by a mission design series prefix of F– or A–;
“(II) is manned by one or two crewmembers; and
“(III) executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control; and
“(ii) does not include collaborative combat aircraft.
“(B) The term primary mission aircraft inventory means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.”
(2)
Effective date— The amendment made by paragraph (1) shall take effect on October 1, 2026.
(b)
Authority to increase planned procurement— Beginning on October 1, 2026, the Secretary of the Air Force may increase the total planned procurement of F–15EX aircraft to beyond 267 aircraft.
Sec. 152
Limitation on retirement of E–11 battlefield airborne communications node aircraft
added
added
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of the Air Force may be obligated or expended to retire, divest, place in storage, transfer to nonoperational status, or prepare for retirement any E–11 Battlefield Airborne Communications Node aircraft.
Sec. 170
Limitation on procurement of cut flowers and cut greens
added
(1)
added
In general— Funds appropriated or otherwise available to the Department of Defense may only be used for the procurement of a cut flower or cut green if the cut flower or cut green is grown in a qualifying area.
(2)
added
Applicability— This subsection shall apply to a procurement made or contracted for—
(A)
added
in the United States; and
(B)
added
on or after the date that is 1 year after the date of the enactment of this section.
(b)
added
Gifts for displays—
(1)
added
In general— The Department of Defense may only accept a gift of a cut flower or cut green that is not grown in a qualifying area from a covered entity for the purpose of displaying the cut flower or cut green if the origin of the cut flower or cut green is clearly displayed at the time of delivery.
(2)
added
Requirement— If the Department of Defense accepts a gift of a cut flower or cut green from a covered entity under paragraph (1), it shall clearly display the origin of the cut flower or cut green during the period of display of the cut flower or cut green.
(c)
added
Definitions— In this section:
(1)
added
The term covered entity means—
(A)
added
a foreign government; and
(B)
added
an agent of a foreign principal (as defined section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611)).
(2)
added
The term cut flower means a flower removed from a living plant for decorative use.
(3)
added
The term cut green means a green, foliage, or branch removed from a living plant for decorative use.
(4)
added
The term qualifying area means—
(B)
added
the District of Columbia;
(C)
added
a territory or possession of the United States; or
(D)
added
an area subject to the jurisdiction of a federally recognized Indian Tribe.
Sec. 171
Modification to multiyear procurement authority for domestically processed critical minerals
added
added
Section 152 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 50 U.S.C. 98e–2) is amended—
(1)
added
by redesignating subsection (e) as subsection (f); and
(2)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Consideration of recycled and reused materials—In exercising the authority under this section, the Secretary of Defense shall give special consideration the procurement of critical minerals derived from recycled and reused minerals and metals, to the maximum extent practicable.”
Sec. 172
Assessment of Department of Defense display supply chain vulnerabilities
added
(a)
added
Assessment required— The Secretary of Defense, in coordination with the Secretary of Commerce, shall conduct an assessment of supply chain vulnerabilities related to displays used in Department of Defense weapon systems and platforms.
(b)
added
Elements— The assessment shall include—
(1)
added
identification of defense systems dependent on displays sourced from the People’s Republic of China or Taiwan;
(2)
added
assessment of supply disruption risks and potential operational impacts;
(3)
added
evaluation of domestic or allied manufacturing capabilities for advanced display technologies;
(4)
added
analysis of emerging display technologies, including microLED displays; and
(5)
added
recommendations for reducing foreign dependence in critical display applications.
(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 a report on the results of the assessment conducted under subsection (a).
(d)
added
Form— The report under subsection (c) shall be submitted in unclassified form, but may include a classified annex.
Sec. 173
Sense of Congress on fielding of combat collaborative aircraft capabilities to support warfighters
added
added
It is the sense of Congress that the Secretary of Defense should take such steps as may be necessary to prioritize funding for the procurement of combat collaborative aircraft to ensure there is a minimal viable fielded and operational combat collaborative aircraft capability by the end of fiscal year 2028 to meet operational requirements of combatant commanders.
Sec. 202
Funding for compact semiconductor-based fast neutron detectors
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Sensors (PE 0602204F), Line 9, is hereby increased by $4,300,000 for Compact Semiconductor-Based Fast Neutron Detectors.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Aircraft Procurement, Navy, as specified in the corresponding funding table in section 4101, for F–18 Series, Line 028, is hereby reduced by $4,300,000.
Sec. 203
Funding for environmental and thermal protection coatings
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Sensors (PE 0602204F), Line 9, is hereby increased by $8,500,000 for ultra-high-temperature metallic oxide environmental and thermal protection coatings for hypersonic vehicle leading edges, hot structures, and space vehicle heat shields.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Aircraft Procurement, Navy, as specified in the corresponding funding table in section 4101, for F–18 Series, Line 028, is hereby reduced by $8,500,000.
Sec. 204
Funding for reactive material to enhance the lethality of munitions
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for industrial base analysis and sustainment support, line 233 (PE 0607210D8Z) for domestic manufacturing capability for advanced reactive materials is hereby increased by $5,000,000 (to be available for the purpose of accelerating the manufacture of a reactive material to enhance the lethality of munitions).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for defense media activity, line 330 is hereby reduced by $5,000,000.
Sec. 205
Funding for next generation combat vehicle advanced technology
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army as specified in the corresponding funding table in section 4201, for advanced technology development for Next Generation Combat Vehicle Advanced Technology, Line 050, is hereby increased by $7,000,000 (with the amount of such increase to be used to support Virtual Engineering and Army Readiness and Sustainment (VEARS)).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Navy, as specified in the corresponding funding table in section 4301, for Ship Depot Operations Support, Line 090, is hereby reduced by $7,000,000.
Sec. 206
Funding for rapid airborne and waterborne chemical and biological threat detection
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for applied research for Ground Technology, Line 012, is hereby increased by $10,000,000 (with the amount of such increase to be used to support Rapid Airborne and Waterborne Chemical and Biological Threat Detection (RAW CBTD)).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Navy, as specified in the corresponding funding table in section 4301, for Ship Depot Operations Support, Line 090, is hereby reduced by $10,000,000.
Sec. 207
Funding for the Rapid Prototyping Program
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, as specified in the corresponding funding table in section 4201, for Rapid Prototyping Program is hereby increased by $4,900,000.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Navy, as specified in the corresponding funding table in section 4301, for Ship Depot Operations Support is hereby reduced by $4,900,000.
Sec. 208
Funding for ultra-light Group 1 small unmanned aircraft systems for special operations forces
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for intelligence systems development (PE 1160405BB), line 303, is hereby increased by $10,000,000 (with the amount of such increase to be made available for ultra-light Group 1 small unmanned aircraft systems for the United States Special Operations Command).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Office of the Secretary of Defense, OUSD(C) IT development initiatives (PE 0605027D8Z), line 153, is hereby reduced by $10,000,000.
Sec. 209
Funding for National Defense Education Program
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for basic research, National Defense Education Program, line 6, is hereby increased by $5,000,000 (with the amount of such increase to be used to strengthen and expand STEM education opportunities and workforce initiatives targeted at military students).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, line 510, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
Sec. 209A
Funding for software-defined and AI-powered counter unmanned aerial systems
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Landmine Warfare/Barrier—Eng Dev (PE 0604808A), line 122, is hereby increased by $10,000,000 for software-defined and AI-powered counter unmanned aerial systems.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense, line 480, is hereby reduced by $10,000,000.
Sec. 209B
Funding for blast overpressure mitigation devices for small and medium caliber weapons
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Research, Development, Test, and Evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Warrior Systems, line 305, is hereby increased by $5,000,000 (with the amount of such increase to be used for blast overpressure mitigation devices for small and medium caliber weapons).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Research, Development, Test, and Evaluation, Army, as specified in the corresponding funding table in section 4201, line 128 for Artillery Systems—EMD is hereby reduced by $5,000,000.
Sec. 209C
Funding for high-hypersonic detonation propulsion research and flight demonstrations
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Systems Technologies (PE 0602203F), line 008, is hereby increased by $5,000,000 for the acceleration of high-hypersonic detonation propulsion research and flight demonstrations.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, Office of the Secretary of Defense, line 480, is hereby reduced by $5,000,000.
Sec. 209D
Increase in funding for Sensitive Compartmented Information Facilities
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Future AF Capabilities Applied Research (PE 0602020F), line 003, is hereby increased by $1,200,000 for Secure Research Facilities in fast-growing metropolitan areas located in proximity to aerospace industries and facilities.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, Office of the Secretary of Defense, line 480, is hereby reduced by $1,200,000.
Sec. 209E
Funding for advanced naval casting for hardware and operational repairs
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Ship Concept Advanced Design (PE 0603563N), line 044, is hereby increased by $16,000,000 for Advanced Naval Casting for Hardware and Operational Repairs.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Navy, as specified in the corresponding funding table in section 4301, for Administration, line 410, is hereby reduced by $16,000,000.
Sec. 209F
Funding for accelerating the adoption of naval aviation advanced manufacturing processes
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Navy Advanced Manufacturing (PE 0604286N), line 084, is hereby increased by $15,000,000 for Accelerating the Adoption of Naval Aviation Advanced Manufacturing Processes.
(1)
added
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Cyber Operations Technology Support, line 293, is hereby reduced by $5,000,000.
(2)
added
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Marine Corps Ground Combat/Support System, line 057, is hereby reduced by $10,000,000.
Sec. 209G
Funding for Air Force materials research
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for applied research, materials (PE 0602102F), line 005, is hereby increased by $6,400,000 to secure U.S. silicon carbide for national security and critical technologies.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Air Force, as specified in the corresponding funding table in section 4301, for other servicewide activities, line 410, is hereby reduced by $6,400,000.
Sec. 209H
Funding for university innovative materials processing modernization research
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Defense-wide manufacturing science and technology program (PE 0603680D8Z), line 062, is hereby increased by $5,000,000 for university innovative materials processing modernization research.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Washington Headquarters Services, line 510, is hereby reduced by $5,000,000.
Sec. 209I
Funding for autonomous high-altitude long-endurance aircraft and pseudo-satellites
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for the Rapid Prototyping Program (PE 604331D8Z), line 111, is hereby increased by $5,000,000 for the development, prototyping, and demonstration of autonomous High-Altitude Long-Endurance Aircraft (HALE) and High-Altitude Pseudo-Satellites (HAPS) capable of providing resilient intelligence, surveillance, reconnaissance, communications, and sensing capabilities in contested environments.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for JADC2 Development and Experimentation Activities (PE 0604122D8Z), line 169, is hereby reduced by $5,000,000.
Sec. 219
United States–Israel Defense Technology Cooperation Initiative
(a)
changed
Establishment— The Secretary of Defense shall designate an executive agent, as such term is defined in Department of Defense Directive 5101.01 (relating to DoD Executive Agent, issued February 7, 2022), responsible for synchronizing cooperative efforts between the United States and Israel, to expand and accelerate bilateral defense technology research, development, testing, evaluation, integration, and industrial cooperation, by—
(1)
identifying jointly developed or Israeli-origin technologies with operational utility for potential integration into United States systems and programs of record;
(2)
ensuring collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel, is done in a manner that protects sensitive technology and information and the national security interests of the United States and Israel;
(3)
facilitating the transition of technologies from research and development into procurement and acquisition pathways;
(4)
establishing frameworks for joint ventures, licensing agreements, and United States-based co-production or manufacturing partnerships with Israeli industry;
(5)
coordinating with relevant Department of Defense components, including the Irregular Warfare Technical Support Directorate, capability development and innovation divisions, the Under Secretary of Defense for Research and Engineering, the Defense Innovation Unit, the United States-Israel Operations Technology Working Group, the Defense Advanced Research Projects Agency, the Missile Defense Agency, the United States Space Command, the military departments, and other Department of Defense entities, as appropriate, to align efforts and avoid duplication; and
(6)
promoting joint training exercises and information-sharing mechanisms to enhance operational readiness to deploy jointly developed technologies.
(b)
Cooperative efforts— The synchronized cooperative efforts under subsection (a) may be carried out through the following domains:
(1)
Counter-Unmanned Systems including aerial, maritime, and ground platforms.
(2)
Anti-tunneling and subterranean threats.
(3)
Missile and air defense technologies.
(4)
Artificial intelligence, quantum, machine learning, and autonomous systems.
(5)
Directed energy and advanced sensing.
(6)
Cyber defense, electronic warfare, and digital resilience.
(7)
Biotechnology, biomanufacturing, and medical defense.
(8)
changed
Network integration, Networks, data fusion, and contested logistics.
(9)
Defense industrial base cooperation, manufacturing, and co-production.
(10)
Other emerging technologies as jointly agreed by the United States and Israel.
(c)
Activities in coordination with other federal departments and agencies— The Secretary of Defense shall coordinate activities, as appropriate, with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal departments and agencies, to ensure consistency with existing laws and regulations.
(d)
Interim progress update— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on—
(1)
the executive agent designated pursuant to subsection (a) and the efforts undertaken by such executive agent to lead Department of Defense implementation of the synchronized cooperative efforts described in such subsection;
(2)
the status of coordination, Department-wide, with Israeli counterparts;
(3)
changed
initial technology areas identified for accelerated cooperation and technologies with operational utility for integration into United States systems and programs of record; and
(4)
any early transition, prototyping, or integration activities initiated during the period covered by the update.
(e)
changed
Annual report— Not later than 1 year after the date of enactment of this Act, and annually thereafter until 2030, the date on which there is no longer an executive agent designated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on implementation of the cooperative efforts described in subsection (a). Each such report shall include—
(1)
a description of activities conducted;
(2)
an assessment of progress made in advancing shared national security interests;
(3)
an assessment of collaboration with other relevant Federal programs;
(4)
a description of technologies transitioned into United States acquisition programs or fielded systems;
(5)
a description of partnerships established with United States and Israeli industry; and
(6)
changed
recommendations for future opportunities to promote the long-term integration of joint capabilities between the United States and Israel.
(f)
Form— Each report required under subsection (e) shall be submitted in unclassified form and may include a classified annex.
(g)
Public transparency— The Secretary of Defense shall make available on a publicly accessible website of the Department of Defense periodic, unclassified updates, to the maximum extent practicable, on the synchronized cooperative efforts carried out under subsection (a), including a description of how these efforts contribute to United States technological and military supremacy. Such updates shall be made in a manner that ensures that classified information or other information that would compromise operational security, export controls, or sensitive technology are not released.
Sec. 221
Requirement to establish test and training corridors for small unmanned aircraft systems and associated capabilities
(a)
In general— The Secretary of Defense shall establish or designate, and operate, one or more test and training corridors for small unmanned aircraft systems, counter-unmanned aircraft system platforms, and associated capabilities within the national airspace system.
(b)
Facilities— The Secretary of Defense may construct new facilities, or use existing facilities available to the Department of Defense, to support one or more test and training corridors established or designated under subsection (a) that collectively address each of the functions described in subsection (c).
(c)
Functions— The Secretary of Defense shall ensure that any test and training corridor established or designated under subsection (a) enables the research, development, testing, and evaluation of, and training for members of the Armed Forces on—
(1)
small unmanned aircraft systems and associated autonomy software, kinetic and nonkinetic payloads, sensors, communications, and navigation technology;
(2)
kinetic and nonkinetic counter small-unmanned aircraft system capabilities, including high power microwave, high energy laser, and electronic warfare capabilities, and any requisite autonomy software, sensors, and command and control capabilities;
(3)
small to medium caliber counter unmanned aircraft systems ammunition and weapon systems, low collateral damage weapons and munitions, and drone-versus-drone capabilities;
(4)
the acceleration of the integration of modular payloads onto multiple unmanned aircraft systems and counter unmanned aircraft systems and platforms;
(5)
the reduction in time-to-field for lethal and non-lethal drone-enabled munitions and munition payload capabilities; and
(6)
standardization of payload-to-platform interfaces.
(d)
Site selection— In establishing or designating one or more test and training corridors under subsection (a), the Secretary of Defense, in coordination with the Director of the Test Resource Management Center and the Secretaries of the military departments, shall—
(1)
identify potential locations within the national airspace system that would be conducive to conducting testing, evaluation, and training activities with respect to small unmanned aircraft systems and counter-small unmanned aircraft capabilities, with prioritization of sites that best support the test and training corridor functions described in subsection (c);
(2)
assess whether existing test and evaluation facilities, including Government-owned and non-Government owned facilities, could be used to meet current and future requirements with respect to such testing, evaluation and training;
(3)
identify any additional resources required to establish or designate, and operate the corridor, including military construction costs and personnel and manning costs;
(4)
identify any sensors and capabilities needed to adequately simulate operationally realistic environments in the corridor, including environments with denied or degraded—
(B)
electromagnetic spectrum; and
(C)
global positioning system;
(5)
identify any interagency, legal, regulatory, or policy impediments to carrying out testing, evaluation, and training activities with respect to small unmanned aircraft systems and counter-small unmanned aircraft capabilities within the national airspace system, including any impediments to the use of—
(B)
directed energy (such as high-powered microwave and high energy lasers);
(C)
GPS jamming and spoofing;
(D)
spectrum enabled and cellular-network enabled systems and capabilities; and
(E)
other relevant capabilities;
(6)
consult with interagency partners to develop recommendations for—
(A)
addressing any impediments identified under paragraph (4); and
(B)
ensuring the safety of testing and training activities conducted in the national airspace system; and
(7)
consider diverse geographic regions across the United States.
(e)
Notification to Congress— Not later than 90 days after establishing or designating a test and training corridor under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a written notification that describes—
(1)
the location of the corridor;
(2)
changed
any funding, personnel, or other resources required to support the corridor; andcorridor;
(3)
changed
any agreements with other Federal agencies that may be required to safely operate the corridor in the national airspace system.system; and
(4)
added
specific statutory changes necessary to allow for rapid development, testing, and operational evaluation of unmanned systems and counter-unmanned system platforms within the designated corridors, including draft legislative text necessary to expedite development for such systems.
Sec. 228
Pilot program to recognize outstanding achievements in technology and prototype development
(a)
changed
Pilot program— The Director of the Defense Innovation Unit (referred to in this section as the Director) shall carry out a pilot program under which the Director awards prizes, on a competitive basis, to recognize outstanding achievements in technology development and prototype development that——that—
(1)
have the potential to address operational problems and capability gaps identified by the Secretary of Defense, the Secretaries of the military departments, and combatant commanders; or
(2)
have potential for application to the performance of the military missions of the Department of Defense.
(b)
Form of prizes— Prizes awarded under this section may include—
(2)
the award of contracts or other agreements.
(c)
Information dissemination— The Director shall carry out activities to publicize the prize competitions carried out under this section and to solicit participation in such competitions from eligible individuals and entities.
(d)
Prize maximum and coinvestment requirements—
(1)
Maximum value— The value of a prize awarded under this section may not exceed $15,000,000.
(2)
Coinvestment— The Director may award a prize under this section without receiving approval from the Under Secretary of Defense for Research and Engineering if—
(A)
the value of the prize is not more than $2,000,000; or
(B)
in the case of a prize with a value exceeding $2,000,000, at least half of the funds for the portion of the prize in excess of $2,000,000 are provided by the portfolio acquisition executive of an organization of the Department of Defense outside the Defense Innovation Unit.
(e)
Use of prize authority— Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of chapter 221 of title 10, United States Code.
(f)
Commencement and termination—
(1)
Deadline for commencement— The Director shall commence implementation of the pilot program under subsection (a) not later than 90 days after the date of the enactment of this Act.
(2)
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.
(g)
Congressional notice—
(1)
In general— Not later than 15 days after a contract or other agreement that exceeds a fair market value of $2,000,000 is awarded under this section, the Director shall submit to the congressional defense committees written notice of such award.
(2)
Contents— Each notice submitted under paragraph (1) shall include—
(A)
the value of the relevant contract or other agreement, as applicable, including all options;
(B)
an identification of any portfolio acquisition executive responsible for implementation or oversight of technology development or prototype development (as applicable) for which an award was made under this section, and a brief summary of lessons learned by such portfolio acquisition executive in carrying out such implementation or oversight;
(C)
a brief description of the technology development or prototype for which such contract or other agreement, as applicable, was awarded; and
(D)
an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.
(h)
Portfolio acquisition executive defined— In this section, the term portfolio acquisition executive has the meaning given that term in section 1737 of title 10, United States Code.
Sec. 238
Prioritization of partnerships with institutions of higher education in certain research areas
added
(a)
added
In general— In exercising the authority to enter into partnerships to support the research, development, test, and evaluation activities of the Department of Defense, the Secretary of Defense shall prioritize partnerships with institutions of higher education conducting research on hypersonics, biotechnology, and artificial intelligence.
(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 that identifies any ongoing partnerships with institutions of higher education as described in subsection (a).
Sec. 239
Mobile device force protection against commercial surveillance threats
added
(1)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a pilot program to evaluate mobile device force protection technologies intended to reduce the operational exposure of covered personnel arising from application-generated signals.
(2)
added
Participation— The Secretary shall make participation in the pilot program available to the military departments, the combatant commands, and other covered organizations seeking to participate.
(3)
added
Acquisition authorities— The Secretary shall, to the maximum extent practicable, use existing rapid acquisition authorities and other transaction authorities to minimize administrative barriers to participation in the pilot program.
(4)
added
Measures of effectiveness— The Secretary shall establish objective, outcome-based measures of effectiveness before the initiation of the pilot program.
(b)
added
Minimum operational requirements— A technology evaluated under the pilot program shall demonstrate the ability to—
(1)
added
identify applications generating signals relevant to force protection;
(2)
added
determine the destinations receiving such signals;
(3)
added
characterize the categories of information transmitted in sufficient detail to assess operational exposure;
(4)
added
distinguish legitimate application functionality from analytics, diagnostics, advertising, profiling, and related exploitation activities;
(5)
added
maintain auditable records and generate commander-level reporting sufficient to support force protection decisions;
(6)
added
actively control application-generated transmissions, including the ability to block, throttle, or otherwise govern which signals leave the device and the destinations to which they may be sent, and not merely to observe, characterize, or report them;
(7)
added
enable the Department of Defense, and not solely a vendor, to independently verify the matters described in paragraphs (1) through (6) and to confirm measured reductions in operational exposure; and
(8)
added
adapt as commercial surveillance techniques evolve.
(c)
added
Transition and operational adoption—
(1)
added
Determination— Not later than 90 days after the evaluation of a technology is completed under the pilot program, the Secretary shall determine whether the evaluated technology demonstrated measurable reductions in operational exposure associated with commercial mobile surveillance.
(2)
added
Adoption— If the Secretary determines that the effectiveness of a technology evaluated under the pilot program has been adequately demonstrated, the Secretary may authorize operational deployment of the technology without initiating a duplicative requirements process.
(3)
added
Transition pathways— The Secretary shall identify potential transition pathways for a technology before evaluating the technology under the pilot program.
(d)
added
Continuous assessment—
(1)
added
Framework— The Secretary shall establish a continuous assessment framework applicable to deployed mobile device force protection technologies, under which each such technology is reviewed not less frequently than annually to evaluate whether it continues to reduce operational exposure arising from commercial mobile surveillance.
(2)
added
Annual report— Not less frequently than annually, the Secretary shall submit to the congressional defense committees a report that summarizes the findings of the assessments conducted under paragraph (1), identifies emerging commercial surveillance techniques, documents the effectiveness of deployed technologies, and recommends modifications to standards and procurement approaches.
(e)
added
Degradation and reassessment— If the Secretary determines that a deployed mobile device force protection technology no longer provides meaningful protection against identified threats, the Secretary shall initiate a review of alternative capabilities using the authorities established under this section.
(f)
added
Rule of construction— Nothing in this section shall be construed to require the use of a particular technical architecture, implementation methodology, or commercial vendor. The requirements established under this section are intended to define the operational outcomes necessary to support force protection and not to prescribe the means by which those outcomes are achieved.
(g)
added
Definitions— In this section:
(1)
added
The term application-generated signal means any data transmitted from a mobile device by, or on behalf of, a software application, including data derived from device sensors, network and environmental observations, diagnostic and behavioral telemetry, and embedded software development kits, whether or not the data includes a persistent identifier.
(2)
added
The term covered personnel means—
(A)
added
members of the Armed Forces;
(B)
added
civilian employees of the Department of Defense;
(C)
added
contractors supporting the Department of Defense;
(D)
added
employees of entities engaged in the development or manufacture of weapons systems or other defense articles; and
(E)
added
any other category of personnel designated by the Secretary of Defense whose duties involve heightened operational security considerations.
(3)
added
The term mobile device force protection technology means a technology or capability intended to identify, observe, characterize, audit, report upon, restrict, suppress, or otherwise manage application-generated signals that may contribute to operational surveillance or pattern-of-life reconstruction affecting covered personnel.
(4)
added
The term Secretary means the Secretary of Defense.
Sec. 240
Modifications to joint artificial intelligence research, development, and transition activities
added
(a)
added
In general— Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) is amended—
(1)
added
in subsection (a)—
(A)
added
by amending paragraph (1) to read as follows:
added
“(1) In general—The Secretary of Defense shall maintain within the Department of Defense a set of activities, led by the Chief Digital and Artificial Intelligence Officer (referred to in this section as the “CDAO”), to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use, and to prepare the Department for the national security implications of artificial general intelligence and other forms of highly advanced artificial intelligence.”
(B)
added
by adding at the end the following new paragraph:
added
“(3) Artificial general intelligence preparedness—The set of activities established under paragraph (1) shall include a dedicated initiative (referred to in this section as the “AGI Preparedness Initiative”) to—
added
“(A) study and prepare for the national security implications of artificial general intelligence;
added
“(B) analyze strategic competition with the People’s Republic of China and other adversaries with respect to artificial general intelligence and highly advanced artificial intelligence; and
added
“(C) develop countermeasures against adversary artificial intelligence-enabled military capabilities.”
(2)
added
in subsection (d)—
(A)
added
in paragraph (2)—
(i)
added
in subparagraph (J), by striking “and” at the end;
(ii)
added
in subparagraph (K), by striking the period at the end and inserting a semicolon; and
(iii)
added
by adding at the end the following new subparagraphs:
added
“(L) review relevant industry, scientific, and classified documents describing artificial general intelligence and other forms of highly advanced artificial intelligence, including the preparedness frameworks, scaling policies, and risk management frameworks of advanced artificial intelligence developers;
added
“(M) develop and maintain an internal set of definitions for the Department that characterizes tiers of artificial general intelligence to inform intelligence collection requirements, program and procurement requirements, and national strategy around advanced artificial intelligence competition, with emphasis on describing the capabilities of artificial intelligence systems with the most significant impacts for national security and strategic competition, including chemical, biological, radiological, and nuclear capabilities, advanced cyber capabilities, model autonomy, strategic deception, advanced research and development capabilities in military domains, and advanced research and development capabilities for producing increasingly powerful artificial intelligence;
added
“(N) develop and conduct unclassified and classified scenario exercises, wargames, tabletop exercises, and other similar efforts to understand how artificial general intelligence and advanced artificial intelligence capabilities could present acute national security risks or crises, pose risks to existing Department operational plans, or create strategic opportunities for the United States;
added
“(O) develop preparedness plans detailing governmental response strategies to scenarios described in subparagraph (N), including detailed information describing how the Department would coordinate with relevant United States entities, including advanced artificial intelligence developers, compute cluster providers, and relevant government officials, in the event of an acute national security risk or crisis;
added
“(P) identify potential gaps in the Department’s authorities, relationships, personnel, or other factors that could affect the Department’s ability to address scenarios described in subparagraph (N) or execute plans described in subparagraph (O);
added
“(Q) develop a detailed approach to limit the proliferation of artificial general intelligence and other highly advanced artificial intelligence systems by defining artificial intelligence systems with critical capabilities that would pose a grave national security threat if acquired or stolen by adversaries, reviewing and potentially drawing from approaches derived from Department of Energy practices for handling Restricted Data and Formerly Restricted Data, as well as approaches for handling other national security information;
added
“(R) assess the value of creating a centralized, highly secure, Department-led project to develop artificial general intelligence or other highly advanced artificial intelligence in a secure environment, including examination of the chain-of-command, size and location of such project, resources and personnel required, cyber and physical security protocols, counterintelligence and anti-espionage measures against the People’s Republic of China and other foreign adversaries, contingency and emergency response plans, and geopolitical considerations; and
added
“(S) prepare strategies to protect the weights of advanced artificial intelligence systems, core insights required to develop or deploy advanced artificial intelligence systems, and other sensitive technical information from highly resourced adversaries, including nation-states.”
(B)
added
by adding at the end the following new paragraphs:
added
“(4) Adversary artificial intelligence analysis
added
“(A) In general—The CDAO shall establish a dedicated analytical cell to continuously monitor, assess, and report on the progress of the People’s Republic of China and other adversaries designated by the Secretary in developing artificial general intelligence and advanced artificial intelligence capabilities for military and intelligence applications.
added
“(B) Duties—Such analytical cell shall—
added
“(i) coordinate with the Defense Intelligence Agency, the National Security Agency, the Central Intelligence Agency, and other elements of the intelligence community to ensure timely access to classified reporting on adversary artificial intelligence development programs;
added
“(ii) produce, not less frequently than annually, classified assessments of adversary artificial intelligence military capabilities, including identified applications in autonomous weapons systems, command and control, intelligence analysis, cyber operations, electronic warfare, and information operations;
added
“(iii) develop and maintain a classified database of identified People’s Republic of China artificial intelligence military programs, key personnel, institutional relationships, supply chain dependencies, and assessed capability timelines;
added
“(iv) assess the effectiveness of existing United States technology control and denial measures in constraining adversary artificial intelligence capabilities and recommend modifications as needed, in coordination with other relevant interagency bodies;
added
“(v) develop specific countermeasure recommendations and identify vulnerabilities in adversary artificial intelligence systems that could be exploited to maintain United States military advantage; and
added
“(vi) identify strategies for improving strategic competition relating to advanced artificial intelligence, including strategies to ensure United States leadership in global artificial intelligence competition and strategies to avoid or mitigate national security threats from such competition.
added
“(C) Personnel—The analytical cell required by this paragraph shall include personnel with demonstrated expertise in People’s Republic of China military modernization, technical artificial intelligence competence, and intelligence analysis.
added
“(5) Countermeasure development—The CDAO shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of the Defense Advanced Research Projects Agency, develop and maintain a classified program of research and development focused on countermeasures against adversary artificial intelligence-enabled military capabilities, including autonomous weapons systems, artificial intelligence-directed cyber operations, artificial intelligence-enhanced intelligence collection, and artificial intelligence-enabled command and control systems.
added
“(6) Workforce requirements
added
“(A) In general—Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall develop and submit to the congressional defense committees minimum qualification standards for personnel assigned to artificial general intelligence preparedness functions under this section, including requirements for technical expertise in machine learning, neural network architectures, computational infrastructure, and artificial intelligence safety and alignment research.
added
“(B) Hiring authority—The CDAO shall establish a competitive hiring authority, consistent with section 1599f of title 10, United States Code, to recruit and retain individuals with demonstrated expertise in advanced artificial intelligence research and development from private industry, academia, and national laboratories.
added
“(C) Technical staff—Not less than 50 percent of the technical staff assigned to artificial general intelligence preparedness functions under this section shall possess graduate-level education or equivalent professional experience in artificial intelligence, machine learning, computer science, or a directly related field.
added
“(D) Exchange program—The Secretary of Defense shall establish an exchange program with leading artificial intelligence research laboratories and companies to provide personnel assigned to functions under this section with rotational assignments of not less than 90 days to maintain current technical expertise.
added
“(E) Report—Not later than one year after the date of the enactment of this subparagraph, and annually thereafter, the CDAO shall submit to the congressional defense committees a report on the status of workforce recruitment and retention for functions under this section, including the number of billets authorized and filled, attrition rates, average tenure, and an assessment of the competitiveness of Department compensation relative to the private sector for comparable artificial intelligence positions.
added
“(7) Senior leader artificial intelligence education
added
“(A) In general—The CDAO, in coordination with the Chairman of the Joint Chiefs of Staff, shall develop and implement an artificial intelligence education program for all general and flag officers, members of the Senior Executive Service within the Department, and combatant command staff principals.
added
“(B) Elements—Such program shall include—
added
“(i) technical foundations of current artificial intelligence capabilities and limitations;
added
“(ii) the current state and projected trajectory of artificial general intelligence development;
added
“(iii) adversary artificial intelligence military capabilities and doctrine, with emphasis on People’s Republic of China programs;
added
“(iv) artificial intelligence-enabled operational concepts and their implications for force design and employment; and
added
“(v) artificial intelligence safety, alignment, and control challenges relevant to military applications.
added
“(8) Operational integration—The CDAO shall, in coordination with the Joint Staff and the combatant commands, develop a plan to integrate artificial general intelligence preparedness findings into joint operational planning processes, including updates to contingency plans, campaign plans, and global force management allocation plans, not later than one year after the date of the enactment of this paragraph.
added
“(9) Interagency coordination on export controls and technology protection—The CDAO shall coordinate with the Bureau of Industry and Security of the Department of Commerce, the Committee on Foreign Investment in the United States, the Department of Energy, and other relevant interagency bodies to—
added
“(A) assess the effectiveness of technology control measures in constraining adversary access to artificial intelligence capabilities;
added
“(B) recommend modifications to export control lists, end-use restrictions, and investment screening criteria as needed to address emerging artificial intelligence-related threats; and
added
“(C) ensure that classification guidance developed under subsection (d)(2)(G) is updated to address artificial general intelligence and advanced artificial intelligence systems.”
(3)
added
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;
(4)
added
by inserting after subsection (e) the following new subsection:
added
“(f) Reports, briefings, and accountability
added
“(1) Initial report and briefing—Not later than 180 days after the date of the enactment of this subsection, the Secretary of Defense shall—
added
“(A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing—
added
“(i) the organizational structure, staffing requirements, and initial objectives of the AGI Preparedness Initiative described in subsection (a)(3);
added
“(ii) a comprehensive assessment of the performance of the CDAO in executing the duties established under this section since the date of the original enactment of this section, including an identification of specific deficiencies in organizational structure, personnel qualifications, interagency coordination, and operational impact; and
added
“(iii) the initial objectives and milestones for the duties added by the amendments to this section made by title II of the National Defense Authorization Act for Fiscal Year 2027; and
added
“(B) provide to such Committees a briefing on the matters set forth in the report.
added
“(2) Periodic reports and briefings—Not later than 180 days after the submission of the initial report under paragraph (1), and annually thereafter, the Secretary of Defense shall—
added
“(A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities carried out under this section since the date of the last report under this paragraph, including—
added
“(i) any findings, assessments, and recommendations with respect to the national security implications of artificial general intelligence and advanced artificial intelligence;
added
“(ii) the progress of the CDAO against each benchmark established under paragraph (3); and
added
“(iii) a classified annex containing specific assessments of People’s Republic of China artificial intelligence military capabilities, the effectiveness of current export control measures with respect to adversary artificial intelligence development, and identified countermeasure priorities; and
added
“(B) provide to such Committees a briefing on the matters set forth in the report.
added
“(3) Performance metrics and accountability
added
“(A) In general—Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall submit to the congressional defense committees a set of measurable performance benchmarks and milestones for each duty described in subsection (d).
added
“(B) Elements—Each report required under paragraph (2) shall include a detailed assessment of progress against each benchmark established under subparagraph (A), including specific explanations for any benchmarks not met and corrective actions planned.
added
“(4) Policy recommendations—The CDAO shall provide policy recommendations to the Secretary of Defense, the President, and Congress relating to the national security implications of artificial general intelligence and advanced artificial intelligence, including recommendations for legislative action.”
(5)
added
by adding at the end the following new subsection:
added
“(i) Additional definitions—In this section:
added
“(1) The term artificial general intelligence means artificial intelligence systems that match or exceed human expert performance across a wide variety of domains, including chemical, biological, radiological, and nuclear applications, cyber offense, model autonomy, persuasion, research and development, and self-improvement.
added
“(2) The term CDAO means the Chief Digital and Artificial Intelligence Officer of the Department of Defense, or such successor official as the Secretary of Defense may designate.”
(b)
added
Conforming amendment— The heading of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) is amended by striking “Joint artificial intelligence research, development, and transition activities” and inserting “Department of Defense artificial intelligence and artificial general intelligence activities”.
(c)
added
Rule of construction— Nothing in this section or the amendments made by this section shall be construed to limit or otherwise affect any authority of the Secretary of Defense or the Chief Digital and Artificial Intelligence Officer under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061), as in effect on the day before the date of the enactment of this Act.
Sec. 241
Pilot program on use of subscription-based funding model at Major Range and Test Facility Base
added
(a)
added
In general— Not later than 270 days after the date of the enactment of this Act and subject to the availability of appropriations for such purpose, the Under Secretary of Defense for Research and Engineering shall, acting through the Director of the Test Resource Management Center, commence carrying out a pilot program to determine the feasibility, effectiveness, and operational impacts of implementing a subscription-based funding model for test and evaluation facilities.
(b)
added
Requirements— The pilot program required by subsection (a) shall—
(1)
added
be conducted during the two-year period beginning on the date of the commencement of the pilot program;
(2)
added
include not fewer than two cyber-physical test and training ranges designated by the Director of the Test Resource Management Center;
(3)
added
include at least one cyber-physical test and training range operated by, or under the authority of, the National Guard of a State;
(4)
added
provide for participation by military departments, defense agencies, combat support agencies, federally funded research and development centers, and such other Department of Defense entities as the Director considers appropriate; and
(5)
added
evaluate the applicability of subscription-based funding to cyber, cyber-physical, electronic warfare, modeling and simulation, and integrated test environments associated with the participating ranges.
(c)
added
Subscription-based funding model— For purposes of the pilot program required by subsection (a), the Under Secretary shall establish a funding structure under which participating organizations pay recurring subscription fees in exchange for access to specified range capabilities, infrastructure, services, test environments, cybersecurity resources, data management capabilities, and related support functions, in lieu of or in combination with traditional reimbursable or direct-user funding mechanisms. The Under Secretary shall ensure that any subscription fees are commensurate with the services provided.
(d)
added
Elements— In carrying out the pilot program required by subsection (a), the Under Secretary shall—
(1)
added
establish subscription tiers or other recurring funding arrangements designed to support baseline operational, sustainment, modernization, and cybersecurity costs of participating ranges;
(2)
added
assess the extent to which a subscription-based model improves funding predictability, resource utilization, infrastructure availability, and mission readiness;
(3)
added
evaluate impacts on range scheduling, access, interoperability, and support for developmental testing, operational testing, training, experimentation, and rapid prototyping activities;
(4)
added
identify authority constraints or other challenges associated with broader implementation of such a model;
(5)
added
measure effects on cost recovery, user demand, and long-term sustainment of cyber-physical range capabilities; and
(6)
added
develop recommendations regarding whether and how a subscription-based funding model could be expanded to additional test and evaluation facilities.
(e)
added
Selection of participating ranges— In selecting ranges for participation in the pilot program required by subsection (a), the Under Secretary shall prioritize cyber-physical ranges that—
(1)
added
support joint testing, training, or experimentation activities;
(2)
added
integrate operational technology, cyber, communications, electronic warfare, or weapon-system testing capabilities; and
(3)
added
can provide representative data regarding the scalability of subscription-based funding approaches across test and evaluation facilities.
(f)
added
Report— Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing the following:
(1)
added
The actions taken under subsection (a).
(2)
added
The status of implementation of integration required by such subsection.
(3)
added
Any exceptions to full integration under subsection (b)(2).
(4)
added
The reasons for the exceptions described in paragraph (3).
(g)
added
Briefing— Not later than 30 days after the date on which the Under Secretary submits the report required by subsection (f), the Under Secretary shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the matters covered by the report.
Sec. 242
Secure artificial intelligence data center demonstration program
added
(a)
added
Demonstration program— The Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Director of the National Security Agency and the head of the Center for Artificial Intelligence Standards and Innovation at the Department of Commerce, carry out a program to construct, prototype, and perform testing and evaluation on highly secure data centers, and to assess security requirements for such facilities, focused on—
(1)
added
resisting attacks by nation-state adversaries;
(2)
added
securing the confidentiality, integrity, and availability of artificial intelligence models and inference pipelines; and
(3)
added
assessing whether existing security frameworks are sufficient to protect artificial intelligence capabilities supporting classified workloads.
(b)
added
Focus— The program required by subsection (a) shall be focused on—
(1)
added
prototyping technologies and security controls needed to protect artificial intelligence data centers from attacks by nation-state adversaries;
(2)
added
protecting model weights and other sensitive assets from theft, sabotage, or unauthorized access;
(3)
added
assessing physical security, cybersecurity, supply chain, insider threat, and incident response requirements for such facilities;
(4)
added
prototyping secure inference-only clusters or devices designed to prevent unauthorized model weight extraction or modification, including mechanisms to securely or cryptographically verify that only authorized workloads are executed; and
(5)
added
developing plans, budgets, and cost estimates and recommended courses of action for constructing or retrofitting such facilities.
(c)
added
Briefing and report—
(1)
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on progress made under the program required by subsection (a), including key findings from prototype activities, threats, vulnerabilities, capability gaps, and resourcing requirements.
(2)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the program required by subsection (a), including—
(A)
added
prototype results, technologies, or operational measures needed to improve the security of artificial intelligence data centers; and
(B)
added
recommendations for further investments to address threats from nation-state adversaries.
Sec. 243
Comprehensive shared database for research and development
added
(a)
added
Establishment— The Secretary of Defense shall, in collaboration with Federal laboratories, establish a comprehensive shared database of research and technology developed to help improve public and private cooperation in order to benefit national security. Such database shall meet necessary security standards, as determined by the Secretary.
(b)
added
Federal laboratories— In establishing the database under subsection (a), the Secretary shall collaborate with Federal laboratories that focus on a variety of technologies, sectors, and needs within the national security sector.
Sec. 244
Development, test, evaluation, demonstration, and transition to production of alternative low-cost weapon systems
added
(a)
added
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with Secretaries of the military departments and the Director of the Missile Defense Agency, shall develop, test, evaluate, demonstrate, and transition to production, as appropriate, a portfolio of alternative, affordable, low-cost weapon systems in each of the following categories:
(1)
added
Hypersonic strike systems.
(2)
added
Cruise missiles.
(3)
added
Shoulder-launched missiles.
(4)
added
Extended range munitions.
(5)
added
Mid-range integrated air and missile defense interceptors.
(6)
added
Exoatmospheric interceptors.
(7)
added
Short-range integrated air and missile defense interceptors.
(8)
added
Medium-range air-to-air missiles.
(9)
added
Autonomous systems, counter-unmanned systems, and loitering munitions.
(b)
added
Requirements— In carrying out subsection (a), the Secretary of Defense shall—
(1)
added
employ innovative acquisition strategies, including rapid prototyping, digital engineering, modular open-system architectures, commercial-off-the-shelf components where feasible, and other cost-reduction initiatives to achieve significantly lower unit costs than current baseline systems while maintaining operationally relevant performance;
(2)
added
prioritize expendable designs optimized for attritable, high-volume employment, compatibility with existing launch platforms, logistics infrastructure, and command-and-control networks, and the ability to complement existing programs of record;
(3)
added
ensure systems are designed to enable production at scale in significantly greater quantities than current program of record systems through the prioritization of manufacturing ease and speed;
(4)
added
include technology maturation, risk reduction, testing, and transition planning to low-rate initial production not later than fiscal year 2030 for each category of weapon system specified in subsection (a);
(5)
added
establish specific cost and performance targets through competitive analysis, market research, prototyping, and experimentation;
(6)
added
maximize the use of commercial acquisition procedures, commercial solutions openings, other transaction authority, and other rapid acquisition authorities to increase participation by nontraditional defense contractors, commercial suppliers, and small businesses;
(7)
added
treat autonomous systems described in subsection (a)(9) as consumable combat equipment, including for purposes of acquisition, budgeting, sustainment, inventory, training, fielding, expenditure, replenishment, repair, upgrade, and replacement, unless the Secretary of Defense, or a covered designee, determines in writing that such treatment is inappropriate based on cost, complexity, expected service life, safety requirements, operational role, or replenishment requirements; and
(8)
added
ensure that autonomous systems described in subsection (a)(9) are not subjected to acquisition, sustainment, inventory, training, or fielding requirements applicable to aircraft, vessels, or enduring major platforms solely on the basis that such systems operate in the air, on the surface of the sea, or undersea, unless the Secretary of Defense, or a covered designee, determines in writing that such requirements are necessary based on safety, operational, or legal requirements.
(c)
added
Definitions— In this section:
(1)
added
The term alternative low-cost systems means weapon systems in the categories listed in subsection (a) that are designed to achieve unit procurement costs significantly lower than existing program of record systems while delivering the minimum requirements set forth by the Secretary.
(2)
added
The term autonomous systems means unmanned, remotely operated, optionally unmanned, autonomous, or semiautonomous systems, including associated software, sensors, payloads, communications equipment, and mission autonomy capabilities, that operate in the air, on land, on or below the surface of the sea, or across multiple domains.
(3)
added
The term counter-unmanned systems means systems designed to detect, track, and defeat unmanned platforms through kinetic, directed energy, electronic warfare, cyber, or other means.
(4)
added
The term covered designee means the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Secretary of a military department, or a service acquisition executive.
(5)
added
The term cruise missiles means turbojet-powered missiles designed for standoff precision strikes against land or sea targets at ranges generally exceeding 250 nautical miles, with simplified guidance, propulsion, and airframe designs.
(6)
added
The term exoatmospheric interceptors means kinetic hit-to-kill interceptors designed for ballistic missile defense in the exoatmosphere, with engagement ranges generally exceeding 300 nautical miles (or equivalent altitudes above 50 nautical miles) and closing speeds of not less than Mach 8.
(7)
added
The term extended range munitions means ground-launched precision munitions designed for extended standoff strikes at ranges generally exceeding 50 nautical miles.
(8)
added
The term hypersonic strike systems means systems capable of Mach 5 or greater flight with maneuverability, designed for long-range precision strikes against time-sensitive, defended, or high-value targets at ranges generally exceeding 400 nautical miles.
(9)
added
The term loitering munitions means expendable unmanned aerial systems designed to loiter in a target area and deliver kinetic effects against surface targets, capable of autonomous or semiautonomous terminal guidance.
(10)
added
The term medium-range air-to-air missiles means guided missiles providing beyond-visual-range air-to-air intercept capability with diverse target-set engagement potential, performing intercepts at not less than 60 nautical miles and with a maximum speed of not less than Mach 3.
(11)
added
The term mid-range integrated air and missile defense interceptors means interceptors optimized for integrated air and missile defense against cruise missiles, aircraft, and short- to medium-range ballistic missiles, with engagement ranges of not less than 30 nautical miles and speeds of not less than Mach 3.5.
(12)
added
The term short-range integrated air and missile defense interceptors means interceptors for terminal defense against aircraft, cruise missiles, and unmanned aerial systems, with engagement ranges of not less than five nautical miles and maximum speeds of not less than Mach 2.
(13)
added
The term shoulder-launched missiles means man-portable or vehicle-launched missiles providing fire-and-forget or command-guided antiarmor capability at ranges of not less than one nautical mile.
Sec. 245
Modification to use of partnership intermediaries to promote defense research and education
added
added
Section 4124(f) of title 10, United States Code, is amended—
(1)
added
by inserting “or Department of Defense laboratory” after “Center” each place it appears;
(2)
added
by redesignating paragraph (2) as paragraph (3);
(3)
added
by inserting after paragraph (1) the following new paragraph:
added
“(2) A Department of Defense laboratory may pay the Federal costs of a contract, memorandum of understanding, or other transaction entered into under this subsection out of funds available to the laboratory for the support of technology transfer and transition functions, research and development, or operation and maintenance.”
(4)
added
in paragraph (3)(B), as so redesignated, by adding “, or that can assist a Center or Department of Defense laboratory with technology transition, either out of, or into, the Center or laboratory” before the semicolon.
Sec. 251
Policy to guide the development and acquisition of quantum computing systems for the Department of Defense
(a)
Policy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a policy to guide the development and acquisition of quantum computing systems for the Department of Defense. Under the policy, the Secretary shall—
(1)
establish a definition of “quantum computing system” for purposes of the policy;
(2)
establish a process for validating and verifying quantum computing systems before such systems are developed or acquired by the Department; and
(3)
ensure that the development and acquisition of such systems is consistent with and informed by the findings and processes of the Quantum Benchmarking Initiative of the Defense Advanced Research Projects Agency (or any successor initiative).
(b)
Limitation and waiver—
(1)
renumbered
was (3)(2)
Limitation— Following issuance of the policy under subsection (a), a quantum computing system may not be developed or acquired by an element of the Department of Defense unless the system has been validated and verified in accordance with such policy.
(2)
renumbered
was (3)(3)
Waiver— The Secretary of Defense may waive the limitation under paragraph (1), on a case by case basis, with respect to a specific quantum computing system. In the event the Secretary issues such a waiver, the Secretary shall provide to the congressional defense committees, not later than 15 days after date on which the waiver was issued—
(A)
renumbered
was (3)(3)(3)
written notice of such waiver; and
(B)
renumbered
was (3)(3)(4)
the Secretary’s justification for the waiver.
Sec. 257
Funding for rotary wing aviation lift upgrade enhancement
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in Division D, the amount authorized to be appropriated in section 201 for Research, Development, Testing and Evaluation, Defense-Wide, as specified in the corresponding funding table in section 4201 for system development for Aviation Systems (PE1160403BB) Line 302 is hereby increased by $12,000,000 (with the amount of such increase to be used to support Rotary Wing Aviation Lift Upgrade Enhancement).
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in Division D the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Aviation Assets, Line 060, is hereby reduced by $12,000,000.
Sec. 258
Strategy for the adoption and integration of artificial intelligence
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of Commerce, shall develop a strategy regarding the adoption, fielding, integration, and scaling of artificial intelligence technologies across the Department of Defense and the defense industrial base.
(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 congressional defense committees a report that includes—
(1)
added
the strategy developed under subsection (a); and
(2)
added
with respect to artificial intelligence technologies, a description of any—
(A)
added
barriers to adoption and integration;
(B)
added
workforce and infrastructure requirements;
(C)
added
opportunities to strengthen collaboration with private industry and institutions of higher education; and
(D)
added
recommendations to improve the deployment of such technologies.
Sec. 259
Report on Gun-Launched Electromagnetic Obscuration Capabilities for Naval Systems
added
(a)
added
In general— Not later than March 1, 2027, the Secretary of the Navy, in coordination with the Chief of Naval Research and the Commander of the Naval Surface and Undersea Warfare Centers, shall submit to the Committee on Armed Services of the House of Representatives a report on the feasibility and operational utility of integrating electromagnetic obscurant payloads into existing 5-inch naval cargo rounds.
(b)
added
Contents— The report under subsection (a) shall include the following:
(1)
added
An assessment of the feasibility of integrating radiofrequency chaff or other electromagnetic obscurant payloads into existing 5-inch naval cargo rounds and Mk 45 naval gun systems.
(2)
added
An assessment of the operational utility of gun-launched electromagnetic obscuration capabilities for degrading adversary radar tracking, targeting, and sensor fusion in contested maritime environments.
(3)
added
A description of ongoing or planned prototyping, testing, or live-fire demonstration activities related to ship-launched electromagnetic countermeasure payload delivery.
(4)
added
An assessment of integration considerations, including shipboard storage, handling, payload dispersion, range, and compatibility with existing naval gun systems.
(5)
added
An assessment of opportunities to leverage existing cargo munition technologies, infrastructure, or cross-service technical expertise relevant to electromagnetic payload delivery.
(c)
added
Form— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 260
Plan to support advanced manufacturing and materials for hypersonics research and development
added
(a)
added
Plan required— The Under Secretary of Defense for Acquisition and Sustainment shall develop a plan to develop a comprehensive set of advanced manufacturing practices and advanced materials for hypersonics research and development.
(b)
added
Elements— At a minimum, the plan under subsection (a) shall—
(A)
added
intelligence-optimized robotic forming;
(B)
added
additive and subtractive manufacturing methods;
(C)
added
precision joining (laser, e-beam, friction stir) for dissimilar metals and metal/CMC interfaces; and
(D)
added
advanced materials and processing; and
(2)
added
define qualification artifacts (process allowable, non-destructive inspection procedures, and digital-thread data standards) and pilot lines executed by consortia of primes, startups, and Federal labs, with TRL/MRL, cost, and lead-time objectives.
(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 to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan developed under subsection (a).
Sec. 261
Strategy for the development of friction stir additive manufacturing technologies
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this section, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a comprehensive report outlining the strategy of the Department of Defense for the research, development, and deployment of friction stir additive manufacturing technologies.
(b)
added
Elements— The report required by subsection (a) shall include the following:
(1)
added
An assessment of the strategic importance of developing and deploying friction stir additive manufacturing technologies for national defense, including their potential to enhance supply chain resilience, manufacturing agility, and operational readiness.
(2)
added
A detailed summary of current and planned Department of Defense programs and initiatives that are supporting the development, testing, or implementation of friction stir additive manufacturing technologies.
(3)
added
An analysis of key areas of operational impact of such technologies, including—
(A)
added
expeditionary manufacturing and sustainment capabilities;
(B)
added
deployable micro-factory systems for forward operating bases or contested environments; and
(C)
added
development of ultra-large-scale friction stir additive manufacturing techniques for critical defense infrastructure and platforms.
Sec. 262
Annual report on the transition of successful prototype projects
added
(a)
added
In general— Not later than the last day of each of fiscal years 2027 through 2031, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the transition of successful prototype projects into procurement, follow-on production, or operational deployment.
(b)
added
Annual reporting requirements— Each report required under subsection (a) shall include the following information:
(1)
added
The average time between the successful completion of a prototype project and a determination regarding procurement, follow-on production, operational deployment, additional testing, or program termination.
(2)
added
The number and percentage of successful prototype projects that transitioned into procurement, follow-on production, or programs of record during the preceding year.
(3)
added
The number and percentage of successful prototype projects that failed to transition into procurement or production capabilities during the preceding year.
(4)
added
Explanations for delays exceeding 365 days between prototype completion and procurement or production decisions.
(5)
added
Data on prototype projects funded through the Small Business Innovation Research (SBIR) Program, Other Transaction Authority (OTA) agreements, the Defense Innovation Unit (DIU), and other defense innovation and prototyping initiatives.
(6)
added
Data broken down by military department, defense agency, and technology category, including artificial intelligence, autonomy, cyber capabilities, microelectronics, advanced manufacturing, and other critical emerging technologies.
(c)
added
One-time reporting requirements— In addition to the information required under subsection (b), the final report required under subsection (a) shall include the following information:
(1)
added
An identification of acquisition, contracting, budgeting, testing, or requirements-related bottlenecks that delay the transition of innovative technologies into operational capability.
(2)
added
Recommendations to improve procurement efficiency and accelerate transition timelines for prototype projects.
(3)
added
An assessment of barriers faced by small businesses and nontraditional defense contractors participating in defense innovation programs, including challenges related to financing, cybersecurity compliance, intellectual property protection, and access to follow-on procurement opportunities.
(d)
added
Successful prototype project defined— In this section, the term “successful prototype project” means a prototype project that achieved the operational, technical, or mission requirements identified by the sponsoring military department or defense agency.
(e)
added
Form of report— Each report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 311
Inclusion of nuclear energy in energy policy of Department of Defense and related matters
(a)
Inclusion in energy policy— Section 2911 of title 10, United States Code, is amended—
(1)
changed
in subsections (b) and (e), by inserting “ or “or nuclear energy” after “renewable energy sources” each place it appears;
(A)
changed
in the heading, by inserting “ and “and nuclear energy” after “renewable energy”;
(B)
changed
in paragraphs (1) and (2), by inserting “ or “or nuclear energy” after “renewable energy sources” each place it appears; and
(C)
changed
in paragraph (2), by inserting “ and “and nuclear energy” after “the use of renewable energy”; and
(3)
in subsection (h)(2)—
(A)
changed
in subparagraph (C), by inserting “ or “or nuclear energy” after “renewable energy source, other than solar energy,”; and
(B)
changed
in subparagraph (D), by inserting “ or “or nuclear energy” after “a renewable energy source”.
(b)
Inclusion in matters relating to use of energy for facilities— Section 2915 of title 10, United States Code, is amended—
(1)
in the section heading, by striking “renewable forms of energy” and inserting “nuclear energy, renewable forms of energy,”;
(2)
by striking “solar energy or other renewable forms of energy” each place it appears and inserting “nuclear energy, or solar energy or other renewable forms of energy,”; and
(3)
in subsection (b), by striking “a renewable form of energy” and inserting “such a form of energy”.
Sec. 319
Assessment of geothermal energy potential with respect to military installations
added
(a)
added
Assessment— The Secretary of Defense, in consultation with the Secretary of Energy, shall conduct an assessment of geothermal energy resources located on or underlying military installations.
(b)
added
Contents— The assessment under subsection (a) shall include an identification of the following:
(1)
added
Each military installation with significant geothermal energy potential.
(2)
added
Opportunities to improve the energy resilience (as such term is defined in section 101(f) of title 10, United States Code) of military installations through geothermal energy development.
(3)
added
Opportunities for collaboration between the Department of Defense and the Department of Energy with respect to resource characterization, technology demonstration, and future geothermal energy development.
(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 containing the results of the assessment under subsection (a).
Sec. 319A
Report on PFAS destruction and water reclamation
added
(a)
added
Report— Not later than June 1, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on available technology that leverages recent developments in single-pass high PFAS-destruction technology in water.
(b)
added
Elements— The report described in subsection (a) shall include the following:
(1)
added
A list and a description of available technology that allows—
(A)
added
an air-water interface to serve as the primary heat transfer surface; and
(B)
added
for the core operating temperature to enable single-pass high PFAS-destruction technology to ensure rapid destruction of per- and polyfluoroalkyl substances in water.
(2)
added
A proposal to establish a pilot program under which single-pass high PFAS destruction technology shall be tested for Department of Defense uses.
(3)
added
A list of potential locations that could host such a pilot program.
(4)
added
Any other matters the Secretary determines relevant.
(c)
added
Single-pass high PFAS-destruction technology defined— In this section, the term single-pass high PFAS-destruction technology means a technology that—
(1)
added
destroys per- and polyfluoroalkyl substances;
(2)
added
is portable and able to operate in remote areas; and
(3)
added
can process up to 20,000 gallons of water per day.
Sec. 319B
Geothermal resource confirmation for Saipan under Energy Resilience and Conservation Investment Program
added
(a)
added
Assessment required— As part of the Energy Resilience and Conservation Investment Program, the Secretary of Defense shall conduct an assessment of the viability of geothermal resources through drilling and other means on the island of Saipan in the Commonwealth of the Northern Mariana Islands, for the purposes of improving the energy security of Department of Defense facilities and operations. Such assessment shall include each of the following:
(1)
added
The collection and analysis of geophysical, geochemical, and subsurface data relevant to geothermal resource viability.
(2)
added
Field investigations, including geophysical surveys and test well drilling, to confirm the capacity of geothermal resources.
(3)
added
An evaluation of the potential of geothermal resources to support resilient power for Department of Defense activities on Saipan, as well on Tinian via undersea cable.
(b)
added
Execution; coordination— In carrying out the assessment under subsection (a), the Secretary—
(1)
added
may act through the Assistant Secretary of Defense for Energy, Installations and Environment, the United States Army Corps of Engineers, or such other component of the Department of Defense as the Secretary considers appropriate; and
(2)
added
shall coordinate, as appropriate, with the Secretary of the Interior, the Secretary of Energy, the Commonwealth Utilities Corporation, and the Government of the Commonwealth of the Northern Mariana Islands.
(c)
added
Report— Upon the completion of the assessment required under subsection (a), the Secretary shall submit to the Committee as on Armed Services of the Senate and House of Representatives a report on the findings of the assessment, including a determination regarding the viability of geothermal resources and recommended next steps.
Sec. 319C
Study on energy fuel source conversion at the Iowa Army Ammunition Plant
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this section, the Secretary of the Army shall, using funds otherwise made available to the Army, conduct a study to assess the feasibility and cost-effectiveness of converting the energy fuel source at the Iowa Army Ammunition Plant from propane to natural gas.
(b)
added
Elements— The study under subsection (a) shall include the following:
(1)
added
A determination of the current annual propane consumption at the Iowa Army Ammunition Plant, including consumption by use category and seasonal variation.
(2)
added
An estimate of the equivalent annual natural gas demand required to meet the energy needs of the plant.
(3)
added
An analysis of the projected costs and savings associated with converting from propane to natural gas, including any capital costs for the conversion of plant infrastructure.
(4)
added
An assessment of the energy reliability and resilience implications of such a conversion.
(5)
added
An evaluation of the availability of natural gas supply to the plant, including any infrastructure, such as pipeline access, that would be required to deliver natural gas to the facility.
(c)
added
Submission— Not later than 30 days after the completion of the study under subsection (a), the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the findings of such study.
Sec. 336
Improvements to management of tactical vehicles of the Navy and Marine Corps
added
added
The Secretary of the Navy shall improve the management of tactical vehicles of the Navy and the Marine Corps by—
(1)
added
establishing clearly defined responsibilities for vehicle commanders; and
(2)
added
implementing standardized procedures that enable first-line supervisors to identify, assess and mitigate operational risks relating to such vehicles during training and mission execution.
Sec. 337
Pilot program on integrated road and railroad logistics capabilities for United States Transportation Command
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Commander of the United States Transportation Command, shall establish a pilot program to assess the operational utility of integrated road and railroad logistics capabilities at the initial and final stages of the transportation process, to improve the resilience, throughput, and safety of surface distribution in support of joint force operations, including in austere and contested environments.
(b)
added
Activities— The pilot program under subsection (a) shall, to the maximum extent practicable and consistent with applicable safety and security requirements, include the following activities:
(1)
added
The demonstration and evaluation of surface logistics platforms capable of—
(A)
added
operating on public roads and on standard-gauge rail infrastructure, including yards, spurs, sidings, and railheads; and
(B)
added
transitioning between such modes without requiring the construction of new fixed terminal infrastructure.
(2)
added
The demonstration and evaluation of capabilities to transport standardized cargo platforms, including loads compatible with international intermodal containers (commonly referred to as “ISO containers”) and other modular payloads, between public roads and rail infrastructure in a manner that reduces reliance on multiple specialized assets for handling cargo and reduces cargo dwell time at railheads and yards.
(3)
added
The assessment of plans for the operational deployment of such platforms, capabilities, and associated systems, for—
(A)
added
distribution to military installations and use with respect to depots;
(B)
added
port and strategic mobility support activities; and
(C)
added
distributed logistics in austere and contested environments where infrastructure is damaged, constrained, or unavailable.
(4)
added
The demonstration and evaluation of a software-enabled capability to coordinate transportation on public roads and rail infrastructure at the initial and final stages of the transportation process, including to coordinate the scheduling of yard and terminal availability, mission assignment, and exception management, and to generate auditable performance data on such activities.
(5)
added
The assessment of cybersecurity and data integrity measures for any networked command-and-control, dispatch, or audit logging function relating to such pilot program, including authentication, encryption in transit, access controls, and tamper-evident recordkeeping, consistent with applicable cybersecurity policies of the Department of Defense.
(6)
added
The evaluation of safety considerations (including with respect to human involvement in supervision activities, as appropriate) and compliance pathways for operations on or adjacent to rail infrastructure and in controlled environments, including geofenced areas.
(c)
added
Locations— The Commander of the United States Transportation Command shall carry out the pilot program under subsection (a) at one or more locations selected by the Commander. Such locations may include the following:
(1)
added
A strategic distribution node, port, or other surface distribution hub supporting the Defense Transportation System.
(2)
added
A railhead located at a military installation, a depot, a location at which logistics readiness activities are conducted, or another facility of the Department of Defense with recurring surface distribution requirements.
(d)
added
Metrics and evaluation— In carrying out the pilot program under subsection (a), the Commander of the United States Transportation Command shall establish metrics and, to the maximum extent practicable, collect and assess performance data for the activities conducted under such pilot program. Such data may include the following:
(1)
added
Cargo dwell time and throughput.
(2)
added
Labor hour requirements and safety incidents.
(3)
added
Operational availability and maintenance burden.
(4)
added
Energy use and fuel consumption.
(5)
added
Integration burden with existing logistics information systems.
(6)
added
Cybersecurity observations and data integrity outcomes.
(e)
added
Termination— The pilot program under subsection (a) shall terminate on the date that is two years after the date on which the pilot program is established.
(f)
added
Report— Not later than 180 days after the date of the termination of the pilot program under subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report containing a description of the results of such pilot program, including the following:
(1)
added
A summary of the activities conducted under such pilot program and the locations selected pursuant to subsection (c).
(2)
added
An assessment of the performance of such activities against the metrics established pursuant to subsection (d).
(3)
added
An identification of any safety or regulatory constraint encountered in carrying out such activities, including as a result of railroad operating rules.
(4)
added
An assessment of cybersecurity and data integrity considerations.
(5)
added
A cost-informed assessment of the scalability of such pilot program and related sustainment considerations.
(6)
added
Recommendations regarding future experimentation relating to the capabilities demonstrated and evaluated under such pilot program or similar capabilities, the development of related requirements, and potential transition pathways for such capabilities.
Sec. 342
Assessment of capacity for ground-safety programs with respect to tactical vehicle operations
added
(a)
added
Assessment— The Secretary of the Army shall conduct an assessment as to whether operational units of the Army have sufficient personnel, resources, and organizational capacity to effectively implement ground-safety programs with respect to tactical vehicle operations.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of the assessment conducted under subsection (a).
Sec. 343
Report on reduction of training-related accidents across military departments
added
added
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 progress made by each military department to reduce training-related accidents, fatalities, and serious injuries. Such report shall include, with respect to each military department—
(1)
added
data trends, including year-over-year comparisons of such data;
(2)
added
an assessment of the effectiveness of any action taken in response to prior congressional concerns expressed regarding training safety; and
(3)
added
a description of ongoing and planned efforts to further reduce training-related incidents, improve risk management practices, and enhance the safety of the members of the Armed Forces during training operations.
Sec. 344
Study on potential establishment of Strategic Infrastructure Partnership Initiative
added
(a)
added
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command, shall conduct a study on the potential benefits of establishing an initiative, to be known as the “Strategic Infrastructure Partnership Initiative”, to conduct strategic assessments and leverage regional engagement to—
(1)
added
advance the identification, development, and implementation of high-quality, resilient, and secure infrastructure projects across the area of responsibility of the United States Indo-Pacific Command;
(2)
added
prioritize, with respect to such infrastructure projects, dual-use infrastructure (including ports, airfields, energy systems, digital networks, and logistics facilities) that supports civilian economic development and regional stability and security objectives;
(3)
added
incorporate into the design and implementation of such infrastructure projects best practices for infrastructure resilience, including through the adoption of cybersecurity and physical security standards; and
(4)
added
align assistance and security priorities by coordinating with the heads of relevant Federal departments and agencies, including the Director of the United States Trade and Development Agency, with respect to such infrastructure projects.
(b)
added
Report— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report containing the results of the study required under subsection (a).
Sec. 345
Report on accelerating military posture within area of responsibility of United States Indo-Pacific Command
added
added
Not later than 180 days after the date of enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report on options to accelerate the posture of the Armed Forces within the area of responsibility of such Command. Such report shall include the following:
(1)
added
A comprehensive list of each planned or underway initiative to establish or enhance access by the Armed Forces to locations within such area of responsibility, including access to headquarters, military installations, prepositioned stocks, and forward operating locations within such area.
(2)
added
For each initiative listed pursuant to paragraph (1)—
(A)
added
an expected timeline for the completion of the initiative, including an identification of major milestones during the periods ending in 2030, 2035, and 2040, respectively;
(B)
added
a description of any opportunities to accelerate such expected timeline;
(C)
added
an analysis of any financial, diplomatic, logistical, or other impediment to such accelerated timeline;
(D)
added
recommendations to overcoming any such impediment, including an identification of resources required; and
(E)
added
an evaluation of the operational and strategic benefits of such acceleration.
(3)
added
A prioritized list of candidate initiatives, and corresponding locations, suitable for the acceleration described in paragraph (2), including an identification of any resources or actions required for such acceleration.
Sec. 346
Requirement to provide briefing on insect repellent uniform treatments
added
(a)
added
Requirement— Not later than 180 days after the date of enactment of this Act, the Secretary of the Army shall provide a briefing to the Committee on Armed Services of the House of Representatives and the Senate regarding validated insect repellent available to the Army on the date of the enactment of this Act.
(b)
added
Elements— The briefing under paragraph (1) shall include the following:
(1)
added
Ongoing evaluations to validate fabric treatments to improve insect repellency for combat uniforms.
(2)
added
An analysis of fabric treatment and garment treatment performance results.
(3)
added
Established research and development programs to improve uniform insect repellency.
Sec. 347
Study and report on use of next-generation geothermal technologies to support energy capabilities of the Department of Defense
added
(a)
added
In general— The Secretary of Defense shall carry out a study to evaluate the potential and feasibility of implementing next-generation geothermal technologies to meet the power needs of the Department of Defense and strengthen national security.
(b)
added
Elements— The study under subsection (a) shall evaluate—
(1)
added
the potential for next-generation geothermal technologies to be used to meet energy resilience requirements under section 2920 of title 10, United States Code;
(2)
added
the long-term cost of increasing the use of next-generation geothermal technologies to meet Department of Defense power needs, including cost estimates for—
(A)
added
point-of-use power production;
(B)
added
reduced transmission requirements;
(C)
added
reduced reliance on fuel costs; and
(D)
added
reduced reliance on fuel delivery; and
(3)
added
how next-generation geothermal technologies may be used to—
(A)
added
provide district heating and cooling for military quarters, hospitals, or other relevant facilities of the Department of Defense;
(B)
added
reduce exposure of the military departments to cybersecurity threats;
(C)
added
reduce the reliance of the military departments on vulnerable supply chains; and
(D)
added
improve natural disaster resiliency on military installations and in areas in geographic proximity to military installations.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes the results of the study under subsection (a).
Sec. 348
Report on certain water and wastewater infrastructure systems at military installations
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 identifying any water and wastewater infrastructure system—
(1)
added
that is located at a military installation;
(2)
added
the age of which exceeds 60 years;
(3)
added
that the Secretary determines requires substantial deferred maintenance, or replacement, to maintain compliance with applicable environmental or public health requirements; and
(4)
added
the failure of which the Secretary determines—
(A)
added
presents a significant risk to installation readiness, force health protection, continuity of operations, or mission execution; and
(B)
added
would result in significant contingency operating costs.
(b)
added
Matters— The report under subsection (a) shall include the following:
(1)
added
For each system identified pursuant to such report, the following information:
(A)
added
The age and condition of the system.
(B)
added
The estimated cost to maintain, restore, modernize, or replace the system.
(C)
added
The estimated contingency operating costs associated with the failure of the system.
(D)
added
An assessment of the effect such failure would have with respect to installation readiness, force health protection, continuity of operations, and mission execution.
(E)
added
An assessment of the effect such failure would have with respect to members of the Armed Forces, military families, and quality of life at the military installation, including such effects on access to safe drinking water, sanitation, housing, healthcare, and other essential services.
(2)
added
A prioritized ranking across the systems so identified, based on an assessment of the lifecycle condition of such systems, the operational risks, and effects on installation readiness, that would result from the failure of such systems, and the compliance requirements specified in subsection (a)(3) applicable to such systems.
(3)
added
Recommendations for addressing, through maintenance, restoration, modernization, or replacement activities, the systems ranked as the highest priority pursuant to paragraph (2).
Sec. 366
Federal financial assistance for operation and maintenance of National Guard facilities
added
added
Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:
added
“116. Federal financial assistance for operation and maintenance of National Guard facilities
added
“The Secretary of Defense may provide assistance, through a grant or cooperative agreement entered into with the Governor of a State (or, in the case of the District of Columbia, with the commanding general of the District of Columbia National Guard), a local government, or other recipient for the purpose of operating or maintaining National Guard facilities required to organize, train, and equip the National Guard to perform State and Federal operations and missions.”
Sec. 416
Removal of end strength limitation for National Guard support for counterdrug activities
added
added
Section 112 of title 32, United States Code, is amended—
(1)
added
by striking subsection (e); and
(2)
added
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively.
Sec. 503
Limited consideration of satisfactory non-regular service towards service-in-grade requirement of a reserve officer who retires voluntarily
added
Section 1370(b)(1) of title 10, United States Code, is amended—
(a)
removed
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. An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.”.
(1)
changed
Marine Corps— Section 8046(a) of title 10, United States Code, is amended in subparagraph (A), by adding at the end the following: “If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds striking “; and” and inserting a grade lower than the grade of lieutenant general immediately before the appointment, the officer shall be appointed in the grade of lieutenant general.”.semicolon;
(2)
added
in subparagraph (B), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following new subparagraph:
added
“(C) in the case of a reserve officer, such period may include satisfactory non-regular service, but not for purposes of calculating—
added
“(i) the retired pay or other benefits from the United States to which such reserve officer would have been entitled based upon military service; or
added
“(ii) any benefit to which any other person may become entitled based on such military service.”
(1)
removed
The Judge Advocate General— Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”.
(2)
removed
The Deputy Judge Advocate General— Section 8089(a)(1) of title 10, United States Code, is amended by adding at the end the following: “If an officer appointed as the Deputy Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.”.
(1)
removed
The Judge Advocate General— 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.”.
(2)
removed
The Deputy Judge Advocate General— Section 9037(d)(1) of title 10, United States Code, is amended by adding at the end the following: “An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.”.
Sec. 504
Ranks of Judge Advocates General
(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. An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.”.
(1)
removed
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:
removed
“(4) The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”
(2)
removed
Chief of Navy Reserve— Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
removed
“(4) The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.”
(3)
removed
Commander, Marine Forces Reserve— Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
removed
“(4) The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general.”
(4)
removed
Chief of Air Force Reserve— Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph:
removed
“(4) The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.”
(b)
changed
Effective date—Marine Corps— The amendments made Section 8046(a) of title 10, United States Code, is amended by subsection (a) shall take effect on adding at the day that is one year after end the date following: “If the officer to be appointed as the Staff Judge Advocate to the Commandant of the enactment Marine Corps holds a grade lower than the grade of this Act and lieutenant general immediately before the appointment, the officer shall apply to appointments made on or after such day.be appointed in the grade of lieutenant general.”.
(1)
added
The Judge Advocate General— Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”.
(2)
added
The Deputy Judge Advocate General— Section 8089(a)(1) of title 10, United States Code, is amended by adding at the end the following: “If an officer appointed as the Deputy Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.”.
(1)
added
The Judge Advocate General— 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.”.
(2)
added
The Deputy Judge Advocate General— Section 9037(d)(1) of title 10, United States Code, is amended by adding at the end the following: “An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.”.
Sec. 505
Grades of certain chiefs of reserve components
(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.”
removed
Section 7084 of title 10, United States Code, is amended—
(b)
changed
Effective date— The amendments made by striking “The Chief” subsection (a) shall take effect on the day that is one year after the date of the enactment of this Act and inserting “(a) Appointment.—The Chief”; andshall apply to appointments made on or after such day.
(2)
removed
by adding at the end the following new subsection:
removed
“(b) Grade—The Chief of the Veterinary Corps of the Army, while so serving, holds the grade of brigadier general.”
Sec. 506
Grade of Chief of the Veterinary Corps of the Army
changed
Section 514 7084 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 20001 note) title 10, United States Code, is amended—
(1)
changed
by redesignating subsection (k) as subsection (l); striking “The Chief” and inserting “(a) Appointment.—The Chief”; and
(2)
changed
by inserting after subsection (j) adding at the end the following new subsection (k):subsection:
changed
“(k) Rules “(b) Grade—The Chief of construction—Nothing in this section shall be construed to—the Veterinary Corps of the Army, while so serving, holds the grade of brigadier general.”
removed
“(1) authorize the transfer of a member of the Air National Guard of the United States more than once under subsection (c); or
removed
“(2) establish a waiver of the applicability of any provision of section 104 of title 32, United States Code, or of section 18238 of title 10, United States Code.”
Sec. 507
Report on effect of equipment shortfalls on National Guard ability to assist in disaster response
changed
Not later than 90 days after the date Chapter 9 of title 32, United States Code, is amended by adding at the enactment of this Act, end the Secretary of Defense shall ensure that Global Force Management plans and processes—following new section:
added
“909. Report on effect of equipment availability to assist in disaster response
added
“Not later than March 31 of the next fiscal year, the Secretary of Defense, in consultation with the Administrator of the Federal Emergency Management Administration, shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report with respect to each fiscal year on—
added
“(1) equipment shortfalls in the National Guard of each State;
added
“(2) the effect of such shortfalls in the ability of the National Guard of a State to provide assistance or conduct operations related to disaster response, including with respect to hurricanes; and
added
“(3) recommendations for addressing the shortfalls, including through modernization and preposition of equipment in disaster-prone States.”
(1)
removed
specifically address the assignment and allocation of active duty and reserve judge advocates; and
(2)
removed
convey information on the staffing availability of judge advocates in a manner that enables combatant commanders to readily determine the number of judge advocates who are available for permanent assignment to the combatant commands in the event of an armed conflict.
Sec. 508
Continuation in office of Vice Chief of the National Guard Bureau when necessary to ensure leadership continuity
(a)
changed
In general—Extension of term when position of Chief of the National Guard Bureau is vacant— The Secretary Section 10505(a)(3) of Defense shall ensure—title 10, United States Code, is amended—
(1)
changed
a covered military chaplain is able to provide pastoral counseling, including emotional, moral, or behavioral assistance counseling;in subparagraph (A), by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”; and
(2)
changed
a covered military chaplain is able to provide pastoral counseling with respect to matters not strictly related to spiritual counseling; andby adding at the end the following new subparagraph:
added
“(C) If upon the date on which the term of the Vice Chief of the National Guard Bureau would otherwise expire the position of Chief of the National Guard Bureau is vacant and a replacement for the position of Vice Chief of the National Guard Bureau has not been confirmed by the Senate, the term of the Vice Chief of the National Guard Bureau shall be extended until the date on which the Senate has confirmed a nominee for either position.”
(3)
removed
that privileged communications between covered military chaplains and members of the Army, Navy, Air Force, Marine Corps, or Space Force are protected.
(b)
changed
Covered military chaplain defined—Inclusion as a member of the Joint Requirements Oversight Council— In this section, the term covered military chaplain means a chaplain in the Army, Navy, Air Force, Marine Corps, or Space Force.Section 181 of such title is amended—
(1)
added
in subsection (c)(1), by adding at the end the following new subparagraph:
added
“(G) The Vice Chief of the National Guard Bureau.”
(2)
added
in subsection (d), by striking paragraph (4).
Sec. 509
Limitation on the transfer to the Space Force of certain functions of the Air National Guard
added
added
Section 514 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 20001 note) is amended—
(1)
added
by redesignating subsection (k) as subsection (l); and
(2)
added
by inserting after subsection (j) the following new subsection (k):
added
“(k) Rules of construction—Nothing in this section shall be construed to—
added
“(1) authorize the transfer of a member of the Air National Guard of the United States more than once under subsection (c); or
added
“(2) establish a waiver of the applicability of any provision of section 104 of title 32, United States Code, or of section 18238 of title 10, United States Code.”
Sec. 509A
Change in evaluation criteria for officers: notification; consultation
added
(a)
added
In general— Not less than 180 days before the Secretary of Defense changes any criterion used in the evaluation of an officer of a covered Armed Force, the Secretary shall—
(1)
added
submit to the covered committees a written explanation of such proposed change; and
(2)
added
consult, in conversation, with the covered committees regarding such proposed change.
(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 committees” means the Committees on Armed Services of the Senate and House of Representatives.
Sec. 509B
Inclusion of Judge Advocates in Global Force Management processes
added
added
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that Global Force Management plans and processes—
(1)
added
specifically address the assignment and allocation of active duty and reserve judge advocates; and
(2)
added
convey information on the staffing availability of judge advocates in a manner that enables combatant commanders to readily determine the number of judge advocates who are available for permanent assignment to the combatant commands in the event of an armed conflict.
Sec. 509C
Role of military chaplains
added
(a)
added
In general— The Secretary of Defense shall ensure—
(1)
added
a covered military chaplain is able to provide pastoral counseling, including emotional, moral, or behavioral assistance counseling;
(2)
added
a covered military chaplain is able to provide pastoral counseling with respect to matters not strictly related to spiritual counseling; and
(3)
added
that privileged communications between covered military chaplains and members of the Army, Navy, Air Force, Marine Corps, or Space Force are protected.
(b)
added
Covered military chaplain defined— In this section, the term covered military chaplain means a chaplain in the Army, Navy, Air Force, Marine Corps, or Space Force.
Sec. 518
Soldier Digital Lifecycle Modernization Initiative
(a)
changed
Pilot program—In general— The Secretary of Defense may the Army shall carry out a pilot program to evaluate design, develop, and implement an initiative to be known as the use of automated, voice-based risk assessment technology “Soldier Digital Lifecycle Modernization Initiative” to support targeted drug testing of provide members of the Armed Forces Army, prospective recruits to determine if such technology can improve the efficiency, cost-effectiveness, Army, and operational readiness veterans of the drug testing programs of Army with a secure, digital experience through the Department lifecycle of Defense by enabling risk-informed testing in place a member of universal urinalysis.the Army, including during recruitment and after separation.
(b)
changed
Elements— If the Secretary of Defense carries out the The pilot program under subsection (a), such pilot program (a) shall—
(1)
changed
make use be carried out consistent with Executive Order 14338 (90 Fed. Reg. 163, relating to Improving Our Nation Through Better Design) and Office of automated, voice-based risk assessment technology;Management and Budget Memorandum M-23-22 relating to Delivering a Digital-First Public Experience or any successor Executive order or Office of Management and Budget memorandum;
(2)
changed
be executed as part make use of the Drug Demand Reduction Program existing digital infrastructure and systems of the Department of Defense;Army;
(3)
changed
be conducted consistent with the goals include establishment a secure digital identity record enabling continuity of data from recruitment into the drug testing program, including deterrence Army through separation and transition to assess the security, military fitness, readiness, good order, and discipline of commands;being a veteran;
(4)
changed
be conducted in include development of a manner that allows the results to be used unified experience platform for punitive or other appropriate actions; andmembers of the Army that provides integrated, role-based, and personalized digital services;
(5)
changed
be conducted in a manner that protects individual privacy and complies with applicable law include modernization of routine administrative workflows to reduce manual processing and Department policy.data reentry;
(6)
added
include deployment of analytics and decision-support tools to inform readiness and retention decisions; and
(7)
added
include enhancement of digital transition pathways to support separation from the Armed Forces and continued engagement with veterans.
(c)
changed
Report—Commercial best practices— If the Secretary of Defense carries In carrying out the pilot program under required by subsection (a), not later than one year after the date on which the Secretary of Defense establishes such pilot, the Secretary shall submit shall, to the congressional defense committees an assessment of such pilot program, including the impact of the maximum extent practicable and cost-effective, make use of automated, voice-based risk assessment technology as described in subsection (a) on testing volume, cost savings, personnel time, commercially available technologies, modular architectures, and operational readiness.open standards to accelerate delivery and improve user experience.
(d)
changed
Termination—Report— If Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense carries out the pilot program under subsection (a), such pilot program Army shall terminate on the date that is three years after submit to the date on which such pilot program is established.congressional defense committees a report describing—
(1)
added
the implementation plan for the initiative;
(2)
added
key design and integration milestones;
(3)
added
estimated costs by fiscal year;
(4)
added
performance metrics to measure improvements in user experience, administrative burden reduction, retention indicators, and transition outcomes; and
(5)
added
any additional authorities the Secretary determines are required.
(e)
added
Termination— The pilot program required by subsection (a) shall terminate on the date that is three years after the date of the establishment of such pilot program.
Sec. 519
Authority to study the propensity of certain students to serve in the Armed Forces
(1)
added
Agreement— The Secretary of Defense shall seek to enter into an agreement—
(A)
added
with an entity described in paragraph (2) pursuant to which such entity shall conduct a comprehensive study on the propensity to serve of military-connected students; and
(B)
added
not later than year after the date of the enactment of this Act.
(2)
added
Eligible entity— An entity described in this paragraph is a national nonprofit organization that—
(A)
added
focuses on the educational environment of military-connected youth;
(B)
added
is a partner to an institution of higher education; and
(C)
added
has demonstrated expertise in research, mixed-methods methodology, or adolescent development.
(3)
added
Scope— Such study shall—
(A)
added
examine the relationship between family military tradition and legacy, including generational service, parental attitudes toward service in the Armed Forces, and household military culture, and a student’s propensity to serve in the Armed Forces;
(B)
added
assess the relationship between academic environmental factors (including participation in JROTC, access to military-affiliated mentors and counselors, and type of school) and the propensity to serve;
(C)
added
evaluate the role of peer support programming in shaping plans after secondary school among military-connected students;
(D)
added
catalog factors that enhance or detract from the propensity to serve identified by military-connected students, their parents or guardians, and school personnel; and
(E)
added
aggregate findings by subgroup, including by grade level, gender, race, ethnicity, geographic region, and school type.
(4)
added
Methodology— Study shall be conducted—
(A)
added
using mixed methods, including—
(i)
added
a quantitative survey administered to a nationally representative sample of not fewer than 1,500 military-connected students, using a purpose-built and validated instrument measuring the propensity to serve, family military legacy, JROTC participation, and school environment; and
(ii)
added
semi-structured qualitative interviews with not fewer than 60 participants, including military-connected students, their parents or guardians, JROTC instructors, school counselors, school liaison officers, and program coordinators; and
(B)
added
in accordance with—
(i)
added
the Federal Policy for the Protection of Human Subjects (part 46 of title 45, Code of Federal Regulations including provisions applicable to research involving minors;
(ii)
added
the Family Educational Rights and Privacy Act (Public Law 93–380; 20 U.S.C. 1232g); and
(iii)
added
applicable guidance of the Department of Defense governing the conduct of research on human subjects.
(5)
added
Optional participation— Participation in the study shall be voluntary. A military-connected student who is under 18 years of age may not participate without the informed written consent of a parent or legal guardian.
(1)
added
Interim report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on such a study, including—
(A)
added
whether the Secretary has entered into an agreement under subsection (a);
(B)
added
whether such study has begun; and
(C)
added
any preliminary findings available at the time of the report.
(a)
removed
In general— The Secretary of the Army shall carry out a pilot program to design, develop, and implement an initiative to be known as the “Soldier Digital Lifecycle Modernization Initiative” to provide members of the Army, prospective recruits to the Army, and veterans of the Army with a secure, digital experience through the lifecycle of a member of the Army, including during recruitment and after separation.
(b)
removed
Elements— The pilot program under subsection (a) shall—
(2)
changed
Final report— be carried out consistent with Executive Order 14338 (90 Fed. Reg. 163, relating Not later than two years after the Secretary enters into an agreement under subsection (a), the Secretary shall submit to Improving Our Nation Through Better Design) and Office the Committees on Armed Services of Management the Senate and Budget Memorandum M-23-22 relating to Delivering the House of Representatives a Digital-First Public Experience or any successor Executive order or Office final report on the results of Management and Budget memorandum;the study. Such a final report shall include—
(A)
added
a detailed description of the study methodology, sample characteristics, and data collection procedures;
(B)
added
the quantitative findings, including statistical analyses of the relationship between family military legacy, school environment, JROTC participation, peer-to-peer program participation, and the propensity to serve;
(C)
added
the qualitative findings, including key themes derived from interviews with military-connected students, their parents or guardians, and school personnel;
(D)
added
an integrated analysis of quantitative and qualitative findings;
(E)
added
findings disaggregated by grade level, gender, race, ethnicity, geographic region, and school type;
(F)
added
recommendations for the Secretary regarding military recruitment strategy, development of JROTC programs, and support services for military-connected students; and
(G)
added
recommendations to Congress regarding legislative action based on such findings.
(3)
changed
Form— make use of existing digital infrastructure and systems of The reports required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Army;Secretary determines such annex is necessary.
(3)
removed
include establishment a secure digital identity record enabling continuity of data from recruitment into the Army through separation and transition to being a veteran;
(4)
removed
include development of a unified experience platform for members of the Army that provides integrated, role-based, and personalized digital services;
(5)
removed
include modernization of routine administrative workflows to reduce manual processing and data reentry;
(6)
removed
include deployment of analytics and decision-support tools to inform readiness and retention decisions; and
(7)
removed
include enhancement of digital transition pathways to support separation from the Armed Forces and continued engagement with veterans.
(c)
changed
Commercial best practices—Definitions— In carrying out the pilot program required by subsection (a), the Secretary shall, to the maximum extent practicable and cost-effective, make use of commercially available technologies, modular architectures, and open standards to accelerate delivery and improve user experience.this section:
(1)
added
The term military-connected student means a secondary school student—
(A)
added
enrolled in grade 11 or 12; and
(B)
added
who has at least one parent or guardian who is currently serving, or who previously served, in the Armed Forces.
(2)
added
The term propensity to serve means a student’s self-reported likelihood of joining the Armed Forces after graduation from secondary school.
(3)
added
The term JROTC means the Junior Reserve Officers Training Corps program authorized under chapter 102 of title 10, United States Code.
(d)
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report describing—
(1)
removed
the implementation plan for the initiative;
(2)
removed
key design and integration milestones;
(3)
removed
estimated costs by fiscal year;
(4)
removed
performance metrics to measure improvements in user experience, administrative burden reduction, retention indicators, and transition outcomes; and
(5)
removed
any additional authorities the Secretary determines are required.
(e)
removed
Termination— The pilot program required by subsection (a) shall terminate on the date that is three years after the date of the establishment of such pilot program.
Sec. 519A
Prohibition on enlistment or appointment of foreign nationals from foreign adversaries
(a)
added
Enlistment— Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(d) Nationals of foreign adversary countries—Notwithstanding subsection (b), no person who is a national of a covered nation (as defined in section 4872(f) of this title) may be enlisted in an armed force.”
(b)
added
Appointment— Section 532(a) of title 10, United States Code, is amended—
(1)
removed
Agreement— The Secretary of Defense shall seek to enter into an agreement—
(A)
removed
with an entity described in paragraph (2) pursuant to which such entity shall conduct a comprehensive study on the propensity to serve of military-connected students; and
(B)
removed
not later than year after the date of the enactment of this Act.
(2)
removed
Eligible entity— An entity described in this paragraph is a national nonprofit organization that—
(A)
removed
focuses on the educational environment of military-connected youth;
(B)
removed
is a partner to an institution of higher education; and
(C)
removed
has demonstrated expertise in research, mixed-methods methodology, or adolescent development.
(3)
removed
Scope— Such study shall—
(A)
removed
examine the relationship between family military tradition and legacy, including generational service, parental attitudes toward service in the Armed Forces, and household military culture, and a student’s propensity to serve in the Armed Forces;
(B)
removed
assess the relationship between academic environmental factors (including participation in JROTC, access to military-affiliated mentors and counselors, and type of school) and the propensity to serve;
(C)
removed
evaluate the role of peer support programming in shaping plans after secondary school among military-connected students;
(D)
removed
catalog factors that enhance or detract from the propensity to serve identified by military-connected students, their parents or guardians, and school personnel; and
(E)
removed
aggregate findings by subgroup, including by grade level, gender, race, ethnicity, geographic region, and school type.
(4)
removed
Methodology— Study shall be conducted—
(A)
removed
using mixed methods, including—
(i)
removed
a quantitative survey administered to a nationally representative sample of not fewer than 1,500 military-connected students, using a purpose-built and validated instrument measuring the propensity to serve, family military legacy, JROTC participation, and school environment; and
(ii)
removed
semi-structured qualitative interviews with not fewer than 60 participants, including military-connected students, their parents or guardians, JROTC instructors, school counselors, school liaison officers, and program coordinators; and
(B)
removed
in accordance with—
(i)
removed
the Federal Policy for the Protection of Human Subjects (part 46 of title 45, Code of Federal Regulations including provisions applicable to research involving minors;
(ii)
removed
the Family Educational Rights and Privacy Act (Public Law 93–380; 20 U.S.C. 1232g); and
(iii)
removed
applicable guidance of the Department of Defense governing the conduct of research on human subjects.
(5)
removed
Optional participation— Participation in the study shall be voluntary. A military-connected student who is under 18 years of age may not participate without the informed written consent of a parent or legal guardian.
(1)
removed
Interim report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on such a study, including—
(A)
removed
whether the Secretary has entered into an agreement under subsection (a);
(B)
removed
whether such study has begun; and
(C)
removed
any preliminary findings available at the time of the report.
(1)
changed
Final report— Not later than two years after the Secretary enters into an agreement under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate in paragraph (3), by striking “; and” and the House of Representatives a final report on the results of the study. Such inserting a final report shall include—semicolon;
(A)
removed
a detailed description of the study methodology, sample characteristics, and data collection procedures;
(B)
removed
the quantitative findings, including statistical analyses of the relationship between family military legacy, school environment, JROTC participation, peer-to-peer program participation, and the propensity to serve;
(C)
removed
the qualitative findings, including key themes derived from interviews with military-connected students, their parents or guardians, and school personnel;
(D)
removed
an integrated analysis of quantitative and qualitative findings;
(E)
removed
findings disaggregated by grade level, gender, race, ethnicity, geographic region, and school type;
(F)
removed
recommendations for the Secretary regarding military recruitment strategy, development of JROTC programs, and support services for military-connected students; and
(G)
removed
recommendations to Congress regarding legislative action based on such findings.
(2)
changed
Form— The reports required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Secretary determines such annex is necessary.by redesignating paragraph (4) as paragraph (5); and
(3)
added
by inserting after paragraph (3) the following new paragraph:
added
“(4) has not been a national of a covered nation (as defined in section 4872(f) of this title) during the five-year period ending on the date of such appointment; and”
(c)
changed
Definitions—Review of existing personnel— In Not later than one year after the date of the enactment of this section:Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that—
(1)
changed
The term military-connected student means a secondary school student—identifies the number of members of the Armed Forces who—
(A)
changed
enrolled are foreign nationals of a covered nation (as defined in grade 11 or 12; section 4872(f) of title 10, United States Code); and
(B)
changed
who has at least one parent or guardian who is currently serving, or who previously served, were lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) on the date of accession to the Armed Forces.Forces;
(2)
changed
The term propensity to serve means a student’s self-reported likelihood identifies the date of joining accession to the Armed Forces after graduation from secondary school.of each member identified in paragraph (1);
(3)
changed
The term JROTC means identifies the Junior Reserve Officers Training Corps program authorized under chapter 102 number of title 10, United States Code.years of service of each member identified in paragraph (1); and
(4)
added
identifies how many members identified in paragraph (1) are in the process of seeking citizenship in the United States.
(d)
added
Applicability— The amendments made by subsections (a) and (b) shall apply to the original enlistment or original appointment of a person as a member of the Armed Forces on or after the date that is 180 days after the date of the enactment of this Act.
Sec. 519B
Report on educational partnerships to support military recruitment, readiness, and end strength requirements
added
(a)
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Education, shall submit to the congressional defense committees, the Committee on Education and Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on opportunities to strengthen military recruitment and support the readiness and end strength requirements of the Armed Forces through partnerships with secondary schools, institutions of higher education, and career and technical education programs.
(b)
added
Matters included— The report required under subsection (a) shall include the following:
(1)
added
An assessment of current and projected recruiting challenges affecting the Armed Forces and the ability of the military departments to meet authorized end strength requirements.
(2)
added
An assessment of the extent to which academic preparedness, physical fitness, workforce readiness, and awareness of military service opportunities impact the pool of qualified applicants available to the Armed Forces.
(3)
added
An evaluation of existing Department of Defense engagement with secondary schools, institutions of higher education, and career and technical education programs and the effectiveness of such engagement in supporting recruiting objectives and military readiness.
(4)
added
An assessment of the Junior Reserve Officers’ Training Corps program and the Senior Reserve Officers’ Training Corps program, including—
(A)
added
participation levels and recent enrollment trends;
(B)
added
geographic distribution and accessibility of those programs;
(C)
added
barriers to program expansion, including in areas experiencing recruiting shortfalls; and
(D)
added
opportunities to increase participation, improve awareness of military service pathways, and strengthen leadership development among participants.
(5)
added
An assessment of opportunities to expand partnerships between the Department of Defense and educational institutions to support recruitment into mission-critical military career fields, including science, technology, engineering, mathematics, cybersecurity, aviation, logistics, healthcare, artificial intelligence, and other fields identified by the Secretary of Defense.
(6)
added
Recommendations for improving coordination between the Department of Defense and the Department of Education to increase awareness of military service opportunities, scholarships, service academies, Senior Reserve Officers’ Training Corps scholarships, military career pathways, and other programs that support military recruiting and readiness.
(7)
added
An assessment of opportunities to align existing educational, workforce development, and career readiness programs with current and projected Armed Forces personnel requirements.
(8)
added
Recommendations for legislative or administrative actions to strengthen the pipeline of qualified applicants for military service and support long-term military readiness and end strength requirements.
(9)
added
Recommendations to increase the attractiveness of military service as a career path and form of public service, including recommendations to improve awareness of military career opportunities, expand pathways to service through the Junior Reserve Officers’ Training Corps and Senior Reserve Officers’ Training Corps programs, strengthen educational and workforce development partnerships, and increase the pool of qualified applicants available to meet military readiness and end strength requirements.
(c)
added
Briefing— Not later than 30 days after submitting the report required under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on the findings and recommendations contained in the report.
(d)
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 519C
Prohibited dietary supplement ingredients and performance-enhancing substances
added
(a)
added
Prohibition— Chapter 49 of title 10, United States Code, is amended by inserting after section 978 the following new section:
added
“978a. Prohibited dietary supplement ingredients and performance-enhancing substances
added
“(a) Prohibited ingredient and substance lists—The Secretary shall publish and, not less frequently than once every 90 days, shall update a list of—
added
“(1) dietary supplement ingredients prohibited for use by members of the armed forces; and
added
“(2) performance-enhancing substances prohibited for use by members of the armed forces.
added
“(b) Required formats—The Secretary shall publish the list under subsection (a)—
added
“(1) on an internet website where such list may be viewed in full without use of a search function;
added
“(2) in a searchable database; and
added
“(3) in a digital file that may be downloaded from such internet website in a common format.
added
“(c) Commanding officer may elect not to discipline—The commanding officer of a member of the armed forces who possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1)—
added
“(1) may elect not to subject such member to discipline if—
added
“(A) such possession or use is the first disciplinary offense committed by such member;
added
“(B) such commanding officer determines that such member satisfies the good faith standard under subsection (e); and
added
“(C) such member agrees to participate in education, counseling, or drug testing in lieu of discipline; and
added
“(2) may elect not to subject such member to administrative separation.
added
“(d) Possession of prohibited ingredient not drug abuse—Notwithstanding any other provision of law, possession of a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) shall not constitute drug abuse for purposes of this title.
added
“(e) Good faith standard—A member of the armed forces satisfies the good faith standard under this subsection if such member—
added
“(1) possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) without actual knowledge that such dietary supplement contains such ingredient;
added
“(2) purchases such supplement from a retail facility affiliated with the Department of Defense;
added
“(3) reasonably relies, prior to purchasing or using such supplement, on a search of the list under subsection (a)(1) that fails to identify such ingredient as prohibited under subsection (a)(1), including due to a misspelling or variation in the name of such ingredient on such list; or
added
“(4) otherwise demonstrates a reasonable belief that such supplement does not contain such ingredient.”
(b)
added
Secretary to update Department of Defense Instruction— Not later than 120 days after the date of the enactment of this section, the Secretary of Defense, acting through the Under Secretary for Personnel and Readiness, shall revise Department of Defense Instruction 6130.06 pursuant to section 978a of title 10, United States Code, as added by subsection (a).
(c)
added
Secretary to update Operation Supplement Safety internet website— Not later than one year after the date of the enactment of this section, the Secretary shall—
(1)
added
update the Operation Supplement Safety internet website to enhance functionality for—
(A)
added
vendors of dietary supplements; and
(B)
added
members of the Armed Forces; and
(2)
added
review possible improvements to such internet website, including with respect to—
(A)
added
search tools that employ—
(i)
added
autofill functionality; and
(ii)
added
autocorrect functionality;
(B)
added
artificial intelligence tools that can—
(i)
added
scan product labels; and
(ii)
added
search such internet website for information on the ingredients found on such labels; and
(C)
added
capacity to allow a user to register to receive a notification when a dietary supplement ingredient is added to the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a).
(d)
added
Secretary to review dietary supplement safety education opportunities— Not later than one year after the date of the enactment of this section, the Secretary shall review opportunities for incorporating into existing training programs for members of the Armed Forces education concerning—
(1)
added
dietary supplement safety; and
(2)
added
the list under section 978a(a) of title 10, United States Code, as added by subsection (a).
(1)
added
Initial implementation report— Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report describing efforts made to ensure that retail facilities affiliated with the Department of Defense do not sell any products containing an ingredient appearing on the list under section 978a(a) of title 10, United States Code, as added by subsection (a).
(2)
added
Final implementation report— Not later than two years after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report describing steps taken to implement section 978a of title 10, United States Code, as added by subsection (a).
(3)
added
Annual reports— Not later than one year after the date of the enactment of this section, and annually thereafter for a period of five years, the Secretary shall submit to the congressional defense committees a report—
(A)
added
listing, for the one-year period ending on the date on which such report is submitted—
(i)
added
the total number of administrative separation actions initiated for possession or use of a dietary supplement containing an ingredient appearing on the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a), disaggregated by—
(III)
added
characterization of discharge sought;
(IV)
added
whether the member subject to the administrative separation action contested such action; and
(ii)
added
the number of commanding officers who elected not to subject a member of the Armed Forces to discipline under section 978a(c) of such title; and
(B)
added
assessing the effectiveness of efforts to provide education relating to dietary supplement safety to members of the Armed Forces.
Sec. 529C
Modifications to payment of tuition for off-duty training or education
added
(a)
added
Authority— Section 2007 of title 10, United States Code, is amended—
(1)
added
in the heading, by inserting “and institution fees” after “tuition”;
(2)
added
in subsection (a), by striking “tuition or expenses” and inserting “tuition, expenses, or institution fees”; and
(3)
added
in subsection (c), by striking “tuition or expenses” each place it appears and inserting “tuition, expenses, or institution fees”.
(b)
added
Increase in per-semester hour cap— The Secretary of Defense shall prescribe regulations increasing the limit on tuition assistance per-semester-hour under section 2007 of title 10, United States Code, to $350.
(c)
added
Annual report— Section 2007 of title 10, United States Code, is further amended by adding at the end the following new subsection:
added
“(h) The Secretary of Defense shall annually submit to the congressional defense committees a report on outcomes related to off-duty and voluntary education and training for members of the armed forces. Such report shall include—
added
“(1) the amount of funds used to provide such education and training;
added
“(2) the number of members of the armed forces receiving assistance with such education and training sections 2005, 2006a, and 2007 of this title;
added
“(3) an analysis of the compliance of the use of such funds with the requirements of sections 2005, 2006a, and 2007 of this title;
added
“(4) an analysis of the relationship between the use of funds to provide such education and training to members and the educational attainment, retention, mission readiness, and transition readiness of such members and the recruitment of new members; and
added
“(5) an analysis of the potential severing of an annual limit per member on the provision of such funds and a per-semester-hour limit.”
Sec. 529D
Update of guidance and evaluation of Junior Reserve Officers’ Training Corps instructor pay scale
added
(a)
added
Update of guidance— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned (as that term is defined in section 101(a)(9) of title 10, United States Code), shall update Department of Defense guidance governing the Junior Reserve Officers’ Training Corps (JROTC) program to include—
(1)
added
an evaluation plan to assess the effects of the JROTC Standardized Instructor Pay Scale (JSIPS), or any successor pay system, on recruitment and retention of JROTC instructors; and
(2)
added
standardized metrics for measuring JROTC instructor recruiting outcomes and retention rates across the military services.
(b)
added
Required metrics— The evaluation plan required under subsection (a) shall include, at a minimum, metrics relating to—
(1)
added
instructor vacancy rates and time-to-hire;
(2)
added
retention rates and length of service;
(3)
added
geographic variation in recruiting and retention outcomes, including high-cost-of-living areas, rural, urban, and geographically isolated locations;
(4)
added
comparisons between outcomes under the legacy pay system and the JSIPS;
(5)
added
the identification of recruiting efforts used to attract instructor applicants, including data on how applicants learned about available instructor positions;
(6)
added
the number of applicants who begin, complete, or withdraw from the instructor hiring process, including the interview and background investigation stages;
(7)
added
the number of applicants who accept or decline instructor position offers, including to the extent practicable, information on the reasons offers were declined; and
(8)
added
any other matters the Secretary determines appropriate.
(c)
added
Report to Congress— Not later than one year after the issuance of the updated guidance under subsection (a), and annually thereafter for two years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that includes—
(1)
added
a description of the updated guidance and implementation status;
(2)
added
baseline data and metrics collected using the metrics developed under subsection (a);
(3)
added
an assessment of the effects of the pay scale on recruitment and retention; and
(4)
added
any recommendations for legislative or administrative action.
Sec. 529E
Expansion of personalized financial and housing counseling for members of the Armed Forces
added
(a)
added
In general— Section 992 of title 10, United States Code, is amended—
(1)
added
in subsection (a)(1)—
(A)
added
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(B)
added
by inserting after subparagraph (C) the following new subparagraph:
added
“(D) practices relating to financial management, home buying and selling, renting during changing permanent station, rental planning, home loans available through the programs of the Department of Veterans Affairs, and other financial services that are routinely offered to private sector home loans;”
(2)
added
by redesignating subsection (d) through (f) as subsections (e) through (g), respectively; and
(3)
added
by inserting after subsection (c) the following new subsection:
added
“(d) Individualized financial and housing counseling
added
“(1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a program in accordance with this section and Department of Defense Instruction 1322.34, or any successor guidance, to provide one-on-one counseling tailored to the needs of each member of the armed forces on the following topics:
added
“(A) Credit management.
added
“(B) Budgeting.
added
“(C) Anti-predatory lending practices.
added
“(D) Changes of permanent station and rental planning.
added
“(E) Home loans available through the programs of the Department of Veterans Affairs.
added
“(F) Protections under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) and section 987 of this title.
added
“(2) For the purposes of carrying out paragraph (1), the Secretary shall seek to enter an agreement with a counseling service organization that—
added
“(A) is a HUD-approved counseling agency (as defined in section 106(h) of the House and Urban Development Act of 1968 (12 U.S.C. 1701x(h)));
added
“(B) is organized as a tax-exempt entity under section 501(c)(19) of the Internal Revenue Code of 1986, defined by the Internal Revenue Service as a Veteran Service Organization serving the military-connected community;
added
“(C) has expertise in financial literacy, housing stability, and home loan benefits for veterans; and
added
“(D) is capable of developing, administering, maintaining, and providing specialized training and certification for HUD-Certified Housing Counselors serving members of the armed forces, veterans, and their families.”
(b)
added
Regulations— The Secretary of Defense may prescribe such regulations as are necessary to carry out the amendments made by subsection (a).
(c)
added
Report— Not later than 2 years after the date on which the services required under subsection (d) of section section 992 of title 10, United States Code, as added by subsection (a), are established, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of such services, including—
(1)
added
the number of members of the Armed Forces who received counseling for housing stability, home loan benefits for veterans, or rental planning;
(2)
added
the rate of completion of the counseling services offered under the pilot program; and
(3)
added
indicators of financial stress and housing instability for members of the Armed Forces participating in the pilot program and any metrics for mitigating risks to the members participating.
Sec. 529F
Strategy to improve academic outcomes at the United States Air Force Academy
added
added
Not later than 120 days after the date of the enactment of this Act, the Superintendent of the United States Air Force Academy shall submit to the congressional defense committees and the Chairman of the Board of Visitors of the Academy a report containing a strategy to improve academic outcomes at the Academy. Such report shall include—
(1)
added
an assessment of the Cadet Honor Code and any recommendations of the Superintendent to update the Cadet Honor Code to address artificial intelligence, large language models, and other emerging technology;
(2)
added
an assessment of the effects of banning the use of mobile phones, smart watches, and other internet-connected devices in academic settings, including a review of publicly available data and outcomes from academic institutions other than military service academies that have implemented such a ban; and
(3)
added
any other policies or modifications to methods of instruction that the Superintendent considers appropriate to improve academic outcomes in support of the Air Force Core Values of “Integrity First. Service Before Self. Excellence in All We Do”.
Sec. 536
Redesignation of Dean of the Faculty of United States Air Force Academy as Provost and Dean of the Faculty
added
added
Chapter 953 of title 10, United States Code, is amended—
(1)
added
in section 9431(b)(2), by striking “Dean of the Faculty” and inserting “Provost and Dean of the Faculty”; and
(2)
added
in section 9435—
(A)
added
in the heading, by inserting “Provost and” before “Dean”;
(B)
added
in subsection (a)—
(i)
added
in the first sentence, by striking “Dean of the Faculty” and inserting “Provost and Dean of the Faculty”; and
(ii)
added
by striking “the Dean” each place it appears in the second and third sentences and inserting “the Provost and Dean”; and
(C)
added
in subsection (b), by striking “Dean of the Faculty” and inserting “Provost and Dean of the Faculty”.
Sec. 537
Joint Special Operations University
added
added
Chapter 108 of title 10, United States Code, is amended by inserting after section 2165 the following new section:
added
“2166. Joint Special Operations University
added
“(a) Establishment—There is a Joint Special Operations University in the Department of Defense.
added
“(b) Functions—The Joint Special Operations University shall—
added
“(1) provide relevant joint special operation-peculiar education programs that strengthen the impact of special operations on the armed forces and the United States;
added
“(2) provide joint special operation-peculiar staff education and development programs tailored to the needs of joint special operations forces headquarters and commanders;
added
“(3) provide education and academic enabling programs required for special operations mission and activities for which no solution exists in an armed force to address critical special operations knowledge gaps;
added
“(4) provide accredited graduate-level programs, professional military education, and specialized short courses for special operations forces of the armed forces and associated personnel;
added
“(5) conduct and coordinate research and analysis on the full range of special operations activities to inform Department of Defense policy and strategy;
added
“(6) serve as a hub for collaboration with academic institutions, allied countries, and interagency partners to advance special operations capabilities;
added
“(7) provide outreach and education to enhance understanding of special operations roles within the Department of Defense and the Federal Government; and
added
“(8) provide input to service and joint professional military education institutions to ensure special operations capabilities and activities are incorporated into curricula and courses.
added
“(c) Administration
added
“(1) Subject to the authority, direction, and control of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, the Commander of United States Special Operations Command shall oversee the Joint Special Operations University.
added
“(2) The Commander of United States Special Operations Command shall appoint a President of the Joint Special Operations University, who shall be a senior officer of the armed forces or a civilian with expertise in special operations and education, to manage the operations and academic programs of the Joint Special Operations University.”
Sec. 559A
Establishment of Department of Defense automated victim notification system
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish an automated notification system to ensure that a registered victim receives timely and accurate notification of each of the following:
(1)
added
Any proceeding of a service clemency and parole board relating to the offense, not later than 30 days before the date of such proceeding.
(2)
added
Any change in the confinement status of the offender, including release, transfer to a residential reentry center or halfway house, furlough, or escape.
(3)
added
Any grant of clemency or parole with respect to the offender.
(4)
added
The projected release date of the offender, not later than 60 days before such date, including notice of whether the offender has received good time credits for early release.
(b)
added
System requirements— In establishing the automated notification system required by subsection (a), the Secretary of Defense shall ensure the system incorporates the notification capabilities available in existing Federal and State automated victim notification platforms, including capabilities equivalent to those provided by the Department of Justice Victim Notification System and State-based Victim Information and Notification Everyday programs. At a minimum, the system shall—
(1)
added
provide each registered victim with a unique victim identification number and a personal identification number to enable secure access to case and custody information through an internet-accessible portal and a toll-free automated telephone call center, both available 24 hours a day, 7 days a week, 365 days a year;
(2)
added
allow a registered victim to elect to receive notifications through any combination of—
(A)
added
automated telephone call, with persistent retry at regular intervals until receipt is confirmed by entry of the victim’s personal identification number, or until a 48-hour threshold is reached, after which a written notification shall be mailed to the victim’s address of record;
(B)
added
electronic mail;
(C)
added
short message service text message;
(D)
added
a secure, dedicated mobile application available on commonly used mobile operating systems; or
(E)
added
TTY or other accessible format for victims with hearing impairments;
(3)
added
make notifications available in English and Spanish, and provide access to live interpretation services in not fewer than 10 additional languages through the toll-free call center;
(4)
added
provide each registered victim with the ability to use the internet portal or toll-free call center to—
(A)
added
search for and verify the current custody status and facility location of the offender;
(B)
added
view the projected release date and any scheduled service clemency and parole board proceedings relating to the offense;
(C)
added
update the victim’s contact information; and
(D)
added
discontinue participation in the notification program;
(5)
added
continuously poll the military confinement records system for changes in offender custody status and transmit notifications to registered victims not later than 24 hours after a triggering event described in subsection (a);
(6)
added
generate a confirmation record for each notification transmitted, which shall be retained in the confinement record of the offender;
(7)
added
be accessible to victims regardless of the military department of the offender or the military correctional facility in which the offender is confined;
(8)
added
protect the privacy and confidentiality of each registered victim by—
(A)
added
encrypting all victim data at rest and in transit using encryption modules validated under Federal Information Processing Standard 140–3, or any successor standard, as certified by the National Institute of Standards and Technology;
(B)
added
limiting access to victim registration data and notification records to authorized personnel with a demonstrated need to know, and maintaining an audit log of all access to such data;
(C)
added
prohibiting the use of victim registration data for any purpose other than providing notifications authorized under this section, and prohibiting disclosure of such data to any person or entity not authorized under this section or applicable Federal law; and
(D)
added
providing each registered victim with a written privacy notice, at the time of registration and upon any material change to the system’s data practices, describing the categories of information collected, the purposes for which such information is used, the individuals authorized to access such information, and the procedures by which a victim may request correction or deletion of their registration data; and
(9)
added
be designed, implemented, and operated in a manner consistent with the guidelines for protecting personally identifiable information set forth in National Institute of Standards and Technology Special Publication 800–122, or any successor publication.
(c)
added
Verification before board proceedings—
(1)
added
The Secretary of the military department concerned shall verify, before convening any proceeding of the applicable service clemency and parole board, that each registered victim, with respect to the offense at issue has been notified of the proceeding in accordance with subsection (a)(1). A record of such verification shall be included in the official record of the proceeding.
(2)
added
If the Board determines that timely notice was not given or that the victim was not adequately informed of the nature of the proceeding, the Board shall continue the hearing for the time necessary to notify the victim of the time, place, and nature of the proceeding.
(3)
added
Before making such determination, the Board shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the proceeding.
(d)
added
Coordination— In carrying out this section, the Secretary of Defense shall ensure that the system established under subsection (a) is consistent with—
(1)
added
the rights of victims under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice); and
(2)
added
the victim and witness assistance programs established under Department of Defense Instruction 1030.02, or any successor instruction.
(e)
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 implementation of this section, including—
(1)
added
a description of the automated notification system established under subsection (a), including the delivery channels and languages made available;
(2)
added
the number of registered victims enrolled to receive notifications as of the date of the report;
(3)
added
the number of notifications transmitted during the one-year period covered by the report, disaggregated by triggering event type and delivery channel; and
(4)
added
any recommended legislative changes to further strengthen victim notification under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice).
(f)
added
Definitions— In this section:
(1)
added
The term registered victim means a victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), who—
(A)
added
has a right to receive notices under section 806b(a)(2) of such chapter (article 6b(a)(2)); and
(B)
added
informed the Department of Defense of their desire to receive such notices—
(i)
added
by submitting Department of Defense form 2705 (or a successor form); or
(ii)
added
through another method determined appropriate by the Secretary of Defense.
(2)
added
The term service clemency and parole board means a clemency and parole board established by the Secretary of a military department pursuant to sections 952 and 954 of title 10, United States Code.
Sec. 562
Designation of senior official for military-to-civilian transition
(a)
In general— Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:
“1156. Senior official for military-to-civilian transition
“(a) Designation—The Under Secretary of Defense for Personnel and Readiness shall designate a senior official of the Department of Defense to oversee policy and programs related to the transition of members of the armed forces from active duty to civilian life or reserve components.
changed
“(b) Qualifications—The official designated under paragraph (1) shall be designated from among individuals with extensive experience with veterans services and knowledge of the transition from active duty to civilian life and reserve components..components.
“(c) Role, responsibility, and authority
“(1) Subject to paragraph (2), the Under Secretary of Defense for Personnel and Readiness shall prescribe the roles, responsibilities, and authorities of the official designated under subsection (a).
“(2) The roles, responsibilities, and authorities prescribed under paragraph (1) shall include, with respect to the transition of members of the armed forces from active duty to civilian life and reserve components and the families of such members experiencing such transition—
“(A) serving as the principal advisor to the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Personnel and Readiness on policies, operations, and programs and activities relating to the transition of members;
“(B) assisting the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Personnel and Readiness with policies, operations, and programs and activities relating to the transition of members;
“(C) working, in consultation with the Secretary of Veterans Affairs, the Secretary of Labor, and the Secretary of Education, to improve the efficiency and effectiveness of all activities relating to the transition of members;
“(D) serving as the chief transition officer of the Department of Defense, with the mission of coordinating and overseeing the effectiveness of transition programs of the Department of Defense and ensuring all members of the armed forces are well equipped for civilian life or the reserve components, as the case may be;
“(E) overseeing the implementation of transition programs in the Department of Defense;
“(F) conducting a review and assessment of all transition programs and services offered by the Department of Defense, including the programs under this chapter, and proposing legislative or administrative action—
“(i) to improve the efficacy and efficiency of the programs; and
“(ii) to ensure compliance with all legal requirements related to transition assistance; and
“(G) working with Federal agencies, State and local governments, and nongovernmental organizations to improve the delivery of transition support services to members and families of members.”
(b)
Implementation and briefing—
(1)
Implementation— The Under Secretary of Defense for Personnel and Readiness shall designate a senior official under section 1156(a) of title 10, United States Code, as added by subsection (a) of this section, not later than 90 days after the date of the enactment of this Act.
(2)
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees on—
(A)
the status of the designation of the official under subsection (a); and
(B)
the implementation of the roles, responsibilities, and authorities of the official under subsection (b).
Sec. 565
Pilot program to provide benefits and services to Army explosive ordnance disposal members who are separating
added
(a)
added
Pilot Program— Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of Homeland Security shall jointly establish a pilot program to provide members of the Army who are separating under honorable conditions who are qualified for explosive ordnance disposal to attend the Criminal Investigator Training Program of the Federal Law Enforcement Training Centers.
(b)
added
Requirements— In carrying out the pilot program required by subsection (a), the Secretary of the Army shall—
(1)
added
require participants in the pilot program to be separated from the Armed Forces or on terminal leave, as determined by the Secretary;
(2)
added
shall reimburse the Director of the Federal Law Enforcement Training Centers not more than $50,000 per participant in the pilot program for not more than 24 participants per fiscal year; and
(3)
added
shall not reimburse any other agency for any additional training provided to participants.
(1)
added
Annual Report— Not later than one year after the establishment of the pilot program required by subsection (a), and annually thereafter until the termination of the pilot program, the Secretary of the Army, in consultation with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate a report on the pilot program, including—
(A)
added
the number of participants in the pilot program who successfully complete the Criminal Investigator Training Program;
(B)
added
the recommendation of the Secretary as to whether the number of participants authorized to participate in the pilot program should be increased or decreased; and
(C)
added
an assessment of the viability of expanding the pilot program to members of other Armed Forces with expertise in explosive ordnance disposal.
(2)
added
Final Report— Not later than 90 days after the termination of the pilot program required by subsection (a), the Secretary of the Army, in consultation with the Secretary of Homeland Security, shall submit to the committees described in paragraph (1) a report that includes—
(A)
added
the elements described in subparagraphs (A) through (C) of paragraph (1); and
(B)
added
the recommendation of the Secretary as to whether to make the pilot program permanent.
(d)
added
Termination— The pilot program required by subsection (a) shall terminate on the date that is five years after the date on which such pilot program is established.
Sec. 566
Additional funding for Skillbridge
added
(a)
added
Funding— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for administration and service-wide activities for the Office of the Secretary of Defense, line 480, as specified in the corresponding funding table in section 4301, is hereby increased by $5,000,000 for the Skillbridge program.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for administration and service-wide activities for Washington Headquarters Services, line 510, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
Sec. 567
GAO study and report on mental health effectiveness of Transition Assistance Program and Solid Start Program
added
(a)
added
Study required— The Comptroller General of the United States shall conduct a study on the effectiveness of TAP and the Solid Start program in identifying, counseling, and supporting members of the Armed Forces and veterans regarding mental health risks and transition-related stressors during their separation from the Armed Forces.
(b)
added
Elements— The study required under subsection (a) shall include an assessment of the following:
(1)
added
The extent to which counseling provided under TAP includes comprehensive information regarding post-traumatic stress disorder, traumatic brain injury, anxiety disorders, depression, chronic pain, sleep disorders, suicidal ideation, and other mental health conditions associated with service in the Armed Forces.
(2)
added
The effectiveness of TAP curriculum in educating separating members on the risk factors of suicide, including signs of severe relationship strain, isolation, unemployment, or loss of community support systems.
(3)
added
The baseline performance metrics and outreach success rates of the Solid Start program during the first year following separation from the Armed Forces, with a specific focus on the program’s success in facilitating veterans’ enrollment in the system of annual patient enrollment under section 1705 of title 38, United States Code.
(4)
added
The degree of interagency data-sharing and coordination between the Secretary of Defense and the Secretary of Veterans Affairs to track warm handoffs for high-risk members of the Armed Forces separating from active duty.
(5)
added
Gaps in current pre-separation counseling and post-separation outreach related to substance use disorder resources, including alcohol and prescription opioid abuse counseling.
(c)
added
Report— Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report containing the findings and recommendations of the Comptroller General based on the study conducted under subsection (a), including administrative or legislative recommendations to reduce veteran suicide during the first year following separation from the Armed Forces.
(d)
added
Definitions— In this section:
(1)
added
The term “appropriate congressional committee” means—
(A)
added
the Committee on Armed Services of the House of Representatives;
(B)
added
the Committee on Armed Services of the Senate;
(C)
added
the Committee on Veterans’ Affairs of the House of Representatives; or
(D)
added
the Committee on Veterans’ Affairs of the Senate.
(2)
added
The term “Solid Start program” means the program under section 6320 of title 38, United States Code.
(3)
added
The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
Sec. 572
Pilot program to increase payments for child care services in high-cost areas
Section 1798 of title 10, United States Code, is amended—
(1)
by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; and
(2)
by inserting after subsection (b) the following new subsection:
“(c) Pilot program for grants to increase infant and toddler capacity in high-cost areas
“(1) The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers.
“(2) A grant awarded under the pilot program established under paragraph (1) shall—
“(A) be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and
“(B) require the recipient of a grant to—
“(i) make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and
“(ii) certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i).
“(3) The Secretary—
“(A) shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs or a significant lack of accessible child care services, as determined by the Secretary; and
“(B) may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate.
“(4) Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes—
“(A) the number of eligible providers participating in the pilot program, disaggregated by location;
changed
“(B) the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation;location;
“(C) the determination of the Secretary as to whether grants provided under the pilot program—
“(i) helped reduce child care costs for applicable military families;
“(ii) increased child care provider participation in the financial assistance available under this section; and
“(iii) increased access to infant and toddler care for military families;
“(D) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
“(E) any challenges identified by the Secretary in carrying out the pilot program;
“(F) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
“(G) any other information the Secretary determines appropriate.
“(5) Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes—
“(A) the elements specified in subparagraphs (A) through (G) of paragraph (4); and
“(B) the recommendation of the Secretary as to whether to make the pilot program permanent.
“(6) The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
“(7) In this subsection, the term appropriate congressional committees means—
“(A) the congressional defense committees;
“(B) the Committee on Commerce, Science, and Transportation of the Senate; and
“(C) the Committee on Transportation and Infrastructure of the House of Representatives.”
Sec. 579
Classroom Safe Haven Force Protection Pilot Program
added
(a)
added
Program— The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall establish a Classroom Safe Haven Force Protection Pilot Program (in this section referred to as the “Program”) to enhance the physical security of classrooms in covered schools.
(b)
added
Objectives— The objectives of the Program shall be to—
(1)
added
provide enhanced security for the approximately 600 classrooms located in covered schools;
(2)
added
harden classroom entry points against armed attacks;
(3)
added
increase survivability by providing protected safe-haven spaces within classrooms;
(4)
added
improve emergency response effectiveness by extending the time available for law enforcement intervention;
(5)
added
evaluate the operational effectiveness of ballistic-resistant door systems in educational environments; and
(6)
added
assess the contribution of classroom hardening measures to the overall force protection posture and resilience of military communities and installations.
(c)
added
Use of funds— Under the Program, the Secretary of Defense shall provide support to covered schools to create protected safe havens within existing classrooms through the installation and evaluation of lightweight, fire-rated, ballistic-resistant door systems and related protective infrastructure designed to provide immediate protection for students and educators during an armed assault or active shooter incident. Such door systems shall—
(1)
added
provide ballistic protection meeting or exceeding UL 752 Level 8 standards, including protection against 7.62x51mm FMJ rounds;
(2)
added
be capable of defeating multiple impacts from high-velocity assault rifle rounds commonly associated with active shooter incidents;
(3)
added
be certified to applicable fire-resistance standards for educational occupancies;
(4)
added
be capable of retrofit installation within existing educational facilities without requiring substantial structural modification or major construction;
(5)
added
preserve the appearance and functionality of standard educational environments during normal operations;
(6)
added
maintain compliance with all applicable life-safety, accessibility, and emergency egress requirements; and
(7)
added
provide continuous passive protection without reliance on external power, electronics, or mechanical deployment during an emergency.
(d)
added
Report— Not later than 180 days after an initial round of security improvements have been completed in covered schools in accordance with this section, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report detailing—
(1)
added
participating schools and the number of classrooms protected;
(2)
added
implementation costs;
(3)
added
safety and operational outcomes;
(4)
added
lessons learned;
(5)
added
recommendations regarding expansion of the Program across additional covered schools and schools operated by the Department of Defense education activity outside the United States; and
(6)
added
an assessment of the effectiveness of classroom hardening measures in enhancing protection for military-connected students, educators, and school personnel and supporting military family readiness and force protection objectives.
(e)
added
Covered school defined— In this section, the term “covered school” means a school operated by the Department of Defense Education Activity in the United States.
Sec. 579A
Comptroller General study of child care services provided or paid for by the Department of Defense
added
(a)
added
Study— The Comptroller General of the United States shall conduct a study to assess the child care programs of the Department of Defense, including military child development centers, family home day care, the Military Child Care in Your Neighborhood program, and the Child Care in Your Home program.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the study required by subsection (a). Such report shall include the following information, disaggregated by covered Armed Force:
(1)
added
The period of time military families in each priority category are on a waiting list from the time of submitting a request until the time of final approval.
(2)
added
The percentage of military families that submitted a request for child care services and did not receive an offer within 90 days of the date requested.
(3)
added
The average percentage of annual income a military family spends on child care per child.
(4)
added
The percentage of military families that require more than one child care program to meet child care needs.
(5)
added
The current amount of funds allocated to each covered Armed Force for the Military Child Care in Your Neighborhood and Child Care in Your Home programs.
(6)
added
How much of the amount described in paragraph (5) is spent on—
(A)
added
administration; and
(B)
added
child care services for military families.
(c)
added
Definitions— In this section:
(1)
added
The term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, or Space Force.
(2)
added
The terms “military child development center” and “family home day care” have the meaning given those terms in section 1800 of title 10, United States Code.
Sec. 579B
Prohibition on male participation in female sports at DODEA schools
added
(a)
added
In general— The Secretary of Defense shall ensure that no school operated by the Department of Defense Education Activity permits a person enrolled at such school whose sex is male to participate in an athletic program or activity that is designated for females.
(b)
added
Rule of construction— Nothing in this section shall be construed to prohibit any school operated by the Department of Defense Education Activity from permitting males to train or practice with an athletic program or activity that is designated for females so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, or any other benefit that accompanies participating in the athletic program or activity.
(c)
added
Definitions— In this section:
(1)
added
The term “athletic programs and activities” includes all programs or activities that are provided conditional upon participation with any athletic team.
(2)
added
The term “female” refers to an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and uses eggs for fertilization.
(3)
added
The term “male” refers to an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and uses sperm for fertilization.
Sec. 579C
Study on weekend drill child care programs
added
(a)
added
Study required— The Secretary of each military department that carries out a child care program for members of reserve components during inactive duty training on weekends shall conduct a study on the effectiveness of such program and any challenges in executing such program.
(b)
added
Report— Not later than one year after the date of the enactment of this Act, each Secretary of a military department described in subsection (a) shall submit to the congressional defense committees a report containing the results of the study required under subsection (a).
Sec. 579D
Report on strengthening the military child care workforce
added
(a)
added
In general— Not later than 120 days after the date of enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report assessing workforce, readiness, and policy challenges associated with military child care and military child development centers.
(b)
added
Contents— The report under subsection (a) shall include the following:
(1)
added
An analysis of the current workforce of military child development centers, including—
(A)
added
the percentage of employees who are military spouses; and
(B)
added
the percentage of employees who are spouses of retired or separated members of the Armed Forces.
(2)
added
A feasibility assessment of increasing the transferability of licenses or certifications for military spouses employed at military child development centers when accompanying a service member on a permanent change of station.
(3)
added
An assessment of vacancy rates across military child development centers and the reasons for such vacancies.
(4)
added
An assessment of the number of additional children who could be served by military child development centers if such centers were fully staffed.
(5)
added
A feasibility assessment of permitting military spouses residing in on-post housing to provide childcare within their homes under a supervisory program coordinated by a military child development center.
(6)
added
Recommendations for incentives to attract and retain military spouses in the military child care workforce, including—
(A)
added
professional development opportunities;
(B)
added
stipend or subsidy programs; and
(C)
added
flexible scheduling options.
Sec. 579E
Support for expanding early child care options for members of the Armed Forces and their families
added
(a)
added
In general— The Secretary of Defense may—
(1)
added
direct the Secretaries of the military departments—
(A)
added
to identify gaps between existing early child care needs and available eligible child care providers;
(B)
added
to use resources of the Department of Defense to support eligible child care providers in recruitment and retention of employees, including through professional development and financial incentives for such employees; and
(C)
added
to seek to enter into an interagency partnership with a Federal agency with the ability to place national service participants and volunteers trained in education services, including senior volunteer programs, at military child development centers in accordance with applicable national service laws and with all the benefits accorded to such participants and volunteers; and
(2)
added
provide training and resource subsidies to eligible child care providers and networks of such providers.
(b)
added
Definitions— In this section:
(1)
added
Eligible child care provider— The term “eligible child care provider” has the meaning given that term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(2)
added
Military child development center— The term “military child development center” has the meaning given that term in section 1800 of title 10, United States Code.
Sec. 579F
Limitation on provision of funds to elementary and secondary schools hosting Confucius Institutes and Classrooms
added
(a)
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be provided to an elementary school or secondary school that hosts a Confucius Institute or Classroom, other than amounts provided directly to students as educational assistance.
(b)
added
Definitions— In this section:
(1)
added
The term Confucius Institute or Classroom means a cultural institute or educational partnership directly or indirectly funded by the Government of the People’s Republic of China.
(2)
added
The terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Sec. 579G
Department of Defense education activity emergency response mapping
added
(a)
added
In general— Chapter 108 of title 10, United States Code, is amended by inserting after section 2164d the following new section:
added
“2164e. Procurement of emergency response maps for schools operated by the Department of Defense Education Activity
added
“(a) In general—The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall prioritize the procurement of emergency response maps for Defense Dependent Schools to ensure, to the greatest extent practicable, compatibility with public safety systems in the event of an emergency.
added
“(b) Requirements—Maps procured under subsection (a) shall—
added
“(1) be—
added
“(A) in a digital file format accessible through a standard or open-source file reader or image viewer on a laptop computer, tablet computer, smartphone, or other mobile platform;
added
“(B) verified through on-site walkthrough inspections by the entity producing the mapping data;
added
“(C) developed in coordination with industry partners possessing demonstrated expertise in emergency response mapping for schools;
added
“(D) capable of being updated, printed, and shared electronically;
added
“(E) accessible without a subscription fee or other restriction; and
added
“(F) verified for accuracy by a walkthrough inspection;
added
“(2) integrate with software used by Federal, State, and local public safety agencies;
added
“(3) not be stored in a data center outside of the United States;
added
“(4) display information oriented true north and on a coordinate grid; and
added
“(5) depict any floor of such site or such portion through overlaid, aerial imagery.
added
“(c) Defense Dependent School defined—In this section, the term Defense Dependent School means—
added
“(1) a school operated under the Defense Dependents’ Education System, as authorized under the Defense Dependents Education Act of 1978 (20 U.S.C. 921 et seq.); or
added
“(2) a Department of Defense domestic dependent elementary and secondary school, as authorized under section 2164 of this title.”
(b)
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan of the Department of Defense Education Activity for procuring emergency response maps under section 2164e of title 10, United States Code, as added by this section.
Sec. 589B
Sense of Congress regarding award of award of Medal of Honor to Gregory McManus for acts of valor
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the Secretary of Defense should review the acts of valor of Gregory McManus described in subsection (b) to determine whether to recommend to the President to award Gregory McManus the Medal of Honor for such acts of valor; and
(2)
added
subject to the enactment of legislation to waive the time limitations in section 7274 of title 10, United States Code, the President should award the Medal of Honor to Gregory McManus for such acts of valor if the Secretary so recommends.
(b)
added
Acts of valor described— The acts of valor described in this subsection are the following:
(1)
added
Chief Warrant Officer Gregory McManus distinguished himself for his brave acts of valor while serving in the United States Army by risking his life to save the lives of his fellow servicemembers.
(2)
added
Chief Warrant Officer McManus deserves recognition for his acts of valor while serving as the commander of a single helicopter gunship on an important mission north of Chai Duc.
(3)
added
Discovering an envoy of hundreds of enemy troops along the Cambodian border, Chief Warrant Officer McManus attacked the enemy without hesitation.
(4)
added
Chief Warrant Officer McManus disregarded the tracers that rose to meet him, firing rockets the entire length of the convoy, confusing the enemy, and scattering the troop column.
(5)
added
Chief Warrant Officer McManus then attacked an armored vehicle with a mounted machine gun, destroying it and a large artillery piece which it was towing.
(6)
added
Over and over, Chief Warrant Officer McManus flew through heavy automatic weapons and machine gun fire to attack the enemy, only deciding to return when his ordinance was expended, and his ship had taken so much damage that further flight was inadvisable.
(7)
added
With this noble deed, Chief Warrant Officer McManus was able to destroy the enemy unit and scattered the rest in disorder with a single ship.
(8)
added
Disregarding the size and scope of the enemy troop’s convoy, Chief Warrant Officer McManus put his own life in danger, all in the service of his country and members of the Armed Forces.
(9)
added
Because of the heroic actions of Chief Warrant Officer McManus, countless American soldier’s lives were saved.
(10)
added
These actions of heroism by Chief Warrant Officer McManus deserves recognition and demonstrates this hero of the United States more than deserve the medal of honor.
Sec. 589C
Study on timely process of award and decoration recommendations
added
(a)
added
Study required— The Secretary of Defense shall conduct a study on the process for reviewing recommendations for the award of medals, decorations, or other honors to members of the Armed Forces.
(b)
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 the results of the study, including any recommendations of the Secretary to ensure the process for reviewing recommendations for the award of medals, decorations, or other honors to members of the Armed Forces is timely, consistent, and transparent.
Sec. 589D
Sense of Congress regarding award of medal of honor to Robert J. Graham for acts of valor
added
added
It is the sense of Congress that—
(1)
added
the Secretary of Defense should review the acts of valor of Robert J. Graham as a Captain in the Air Force on May 1, 1966, to determine whether to recommend to the President to award Robert J. Graham the Medal of Honor for such acts of valor; and
(2)
added
subject to the enactment of legislation to waive the time limitations in section 9274 of title 10, United States Code, the President should award the Medal of Honor to Robert J. Graham for such acts of valor if the Secretary so recommends.
Sec. 589E
Authorization for award of medal of honor to certain battle of midway torpedo squadron commanders and dive bomber flight leads for acts of valor
added
(a)
added
Authorization— Notwithstanding the time limitations specified in sections 8298(a) and 8300 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 Commander Clarence W. McClusky, Lieutenant Commander Max F. Leslie, Lieutenant Commander Eugene E. Lindsey, Lieutenant Commander Lance E. Massey, Lieutenant Commander John C. Waldron, and Lieutenant Richard H. Best 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 the individuals described in subsection (a) on June 4, 1942, as members of the Navy, during combat operations near Midway Atoll that led to the sinking of four enemy aircraft carriers.
Sec. 595
Pilot program of anonymous nonmedical counseling for special operations forces
added
(a)
added
Pilot program— In addition to authorities under sections 167 and 1788a of title 10, United States Code, the Commander of the United States Special Operations Command shall carry out a pilot program to provide anonymous nonmedical counseling services to members of the special operations forces and families of such members using a novel anonymous telehealth platform. The Commander shall ensure that counseling services under the pilot program are available to eligible individuals described in subsection (c) beginning not later than June 1, 2027.
(b)
added
Use of existing personnel—
(1)
added
Designation— The Commander shall designate counselors and clinicians employed by, contracted to, or assigned to the United States Special Operations Command or its component commands, including counselors and clinicians supporting the Preservation of the Force and Family program, to provide services under the pilot program. Counseling hours dedicated to the pilot program shall be equivalent to not less than 20 percent of the total counseling capacity supporting the Preservation of the Force and Family program.
(2)
added
Continuation of existing duties— The Commander shall ensure that—
(A)
added
designated personnel under paragraph (1) continue to perform the existing assigned duties of the personnel; and
(B)
added
the pilot program and the anonymous telehealth platform serve as a supplemental intake pathway for participating counselors.
(3)
added
Geographic scope of service— A counselor or clinician designated under paragraph (1) may provide services under the pilot program to any eligible individual described in subsection (c), regardless of the installation, duty station, or geographic location of the counselor, clinician, or eligible individual.
(c)
added
Eligibility— The Commander shall ensure that the pilot program is available to all individuals currently or previously assigned to, supporting, or augmenting the United States Special Operations Command or its component commands, and to the spouses and dependents (as defined in section 1072 of title 10, United States Code) of such individuals.
(d)
added
Standard of care— Services under the pilot program shall consist of nonmedical counseling similar in type and scope to the nonmedical counseling provided under the Department of Defense Military and Family Life Counseling Program under section 1781(d) of title 10, United States Code, including with respect to charting and recordkeeping practices and the cross-jurisdictional authorities described in paragraph (2) of such section, except that services under the pilot program shall be delivered exclusively through an anonymous telehealth platform.
(1)
added
Platform— The Commander shall ensure that—
(A)
added
the anonymous telehealth platform does not collect or retain personally identifiable information regarding any participant; and
(B)
added
session content transmitted during the course of services is protected by end-to-end encryption, such that the platform vendor cannot access such content, and is not retained on the platform after the session.
(2)
added
Participant disclosure— A participant may voluntarily disclose identifying information in the course of receiving services but is not required to do so as a condition of participation.
(3)
added
Counselor conduct— A counselor providing services under the pilot program may not request, require, or otherwise solicit personally identifiable information from a participant, except as necessary to act on a duty arising under applicable Federal or State law in cases involving imminent risk of harm.
(4)
added
Use of information— Participation in the pilot program, and any information disclosed by a participant during services, shall not result in entry into medical records, command notification, or referral, except as required to discharge a duty described in paragraph (3).
(f)
added
Information security— The Chief Information Officer of the Department of Defense shall establish alternative information security requirements for the anonymous telehealth platform used to deliver services under the pilot program, reflecting the anonymous design of the platform and the limited duration of the pilot program. Such requirements shall not include authorization under the Federal Risk and Authorization Management Program.
(g)
added
Funding— No additional funds are authorized to be appropriated to carry out the pilot program.
(h)
added
Reports— Not later than February 1 of each year following the date counseling services first become available under the pilot program, the Commander shall submit to the congressional defense committees an annual report evaluating utilization, impact on existing counseling capacity, cost considerations, readiness implications, and recommendations for continuation or expansion.
(i)
added
Sunset— The authority under this section terminates on September 30, 2029, except that the Commander may extend the pilot program for up to two additional fiscal years upon notification to the congressional defense committees.
Sec. 596
Assessment of antisemitism in the Service Academies
added
(a)
added
Inclusion— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Defense Organizational Climate Survey (hereinafter, “DEOCS”) includes specific questions to assess the prevalence, nature, and impact of antisemitism in the Service Academies (as such term is defined in section 347 of title 10, United States Code). The questions included shall be designed to gather detailed information on the following:
(1)
added
Instances of antisemitic behavior, language, and symbols.
(2)
added
Perceptions of antisemitism among members, cadets, and midshipmen.
(3)
added
The impact of antisemitism on unit cohesion, morale, and readiness.
(4)
added
The effectiveness of current policies and training programs in addressing antisemitism.
(b)
added
Reporting requirements—
(1)
added
Annual report— The Secretary of Defense shall submit a report to the congressional defense committees not later than 180 days after the enactment of this Act, and annually thereafter, detailing the following:
(A)
added
The findings from the antisemitism assessment.
(B)
added
Steps taken to address identified issues related to antisemitism.
(C)
added
Recommendations for additional actions to mitigate antisemitism in the Armed Forces.
(2)
added
Inclusion in existing report— The results of the antisemitism assessment shall be included in the annual report on the results of the DEOCS.
Sec. 597
Short title
added
added
This subtitle may be cited as the “Military Chaplains Modernization Act of 2026”.
added
Congress makes the following findings:
(1)
added
Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military.
(2)
added
George Washington, as a young colonel, recognized the importance of religious practice for his soldiers, repeatedly requesting chaplains for his troops and periodically performing religious duties himself.
(3)
added
When the Second Continental Congress established the Continental Army in June 1775, it recommended “all officers and soldiers diligently to attend Divine Service”.
(4)
added
In 1775, at the behest of George Washington, then General of the Continental Army, the Second Continental Congress established the Federal chaplaincy that is in existence to this day, making it one of the oldest military services provided for American troops.
(5)
added
From their earliest days, military chaplains have existed to provide pastoral care, meeting the religious needs of members of the Armed Forces and their families.
(6)
added
In 1775, the Continental Congress, understanding the significance of chaplaincy, similarly instructed its fledgling navy that, “The commanders of the ships of the Thirteen United Colonies are to take care that divine services be performed twice a day on board, and a sermon preached on Sundays, unless bad weather or other extraordinary accidents prevent it.”.
(7)
added
John Adams instructed his Secretary of the Navy on the influence of a Navy chaplaincy, stating, “I know not whether the commanders of our ships have given much attention to this subject [chaplains], but in my humble opinion, we shall be very unskillful politicians as well as bad Christians and unwise men if we neglect this important office in our infant Navy.”.
(8)
added
In 1942, Franklin D. Roosevelt also acknowledged the importance of the chaplaincy by vowing to “never fail to provide for the spiritual needs of our officers and men under the Chaplains of our armed forces”, and during World War II, President Roosevelt had Bibles printed and provided to troops in the field.
(9)
added
Understanding the importance of religion not only to the members of the United States military, but also to the United States as a whole, the Founders ratified the First Amendment to the United States Constitution in 1791.
(10)
added
Under the First Amendment, which applies to the Armed Forces, the Federal Government has a constitutional duty to provide for the religious exercise of members of the Armed Forces, an obligation to which the chaplain corps is essential.
(11)
added
The Supreme Court stated, in Kennedy v. Bremerton School District, 597 U.S. 507 (2022), that the court is “aware of no historically sound understanding of the Establishment Clause that begins to “mak[e] it necessary for government to be hostile to religion”* * * ”.
(12)
added
In Kennedy v. Bremerton School District, the Supreme Court further explained that “the Establishment Clause does not include anything like a “modified heckler's veto, in which * * * religious activity can be proscribed” based on “perceptions” or “discomfort”” and that the Clause does not ““compel the government to purge from the public sphere” anything an objective observer could reasonably infer endorses or “partakes of the religious””.
(13)
added
The Supreme Court made clear in Parker v. Levy, 417 U.S. 733 (1974) that chaplains in the Armed Forces do not forfeit their First Amendment rights by virtue of their military service.
(14)
added
Section 6 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–3) specifies that that Act (42 U.S.C. 2000bb et seq.) “applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after [November 16, 1993]”.
Sec. 599
Duties, responsibilities, requirements, and protections for Army chaplains
added
(a)
added
Chaplains— Section 7073 of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; and
(B)
added
by inserting after paragraph (1) the following new paragraph:
added
“(2) the Deputy Chief of Chaplains;
added
“(3) the Deputy Chief of Chaplains for the Army Reserve;
added
“(4) the Deputy Chief of Chaplains for the Army National Guard;”
(2)
added
by redesignating subsection (b) as subsection (f);
(3)
added
by inserting after subsection (a) the following new subsections:
added
“(b) The Chief of Chaplains shall serve as a principal advisor to the Secretary of the Army and the Chief of Staff of the Army.
added
“(c) The Deputy Chief of Chaplains shall serve under the authority, direction, and control of the Chief of Chaplains.
added
“(d) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army Reserve shall serve as a principal advisor to the Chief of the Army Reserve.
added
“(e) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army National Guard shall serve as a principal advisor to the Chief of the National Guard Bureau.”
(4)
added
adding at the end the following new subsection:
added
“(g) The Deputy Chiefs of Chaplains, while so serving, hold the grade of brigadier general.”
(b)
added
Chiefs of branches: appointment; duties— Section 7036 of title 10, United States Code, is amended—
(1)
added
by redesignating subsection (g) as subsection (h); and
(2)
added
by inserting after subsection (f) the following new subsection (g):
added
“(g) The Chief of Chaplains serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on chaplaincy matters and the provision of religious support in the Army, including strategic planning and the development of policies that affect religious support or have a nexus with the chaplaincy.”
(c)
added
Chaplains— Section 7217 of title 10, United States Code, is amended to read as follows:
added
“7217. Duties, responsibilities, requirements, and protections for Army chaplains
added
“(a) Duties, responsibilities, and requirements
added
“(1) The Army Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Army and the Chief of Chaplains of the Army.
added
“(2) The Army Chaplaincy shall be overseen by the Chief of Chaplains and shall—
added
“(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion’s influence on military operations, which shall include, but not be limited to—
added
“(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1), and related statutes and policies;
added
“(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
added
“(iii) assisting commanders by serving as advisers with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
added
“(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
added
“(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents of members, potentially in isolated or combat environments;
added
“(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
added
“(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
added
“(E) maintain confidential, sacramental, and privileged communications, including those recognized under applicable laws and policies.
added
“(3) The tasks of chaplains in the Army shall include, but not be limited to, the following:
added
“(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
added
“(B) Counseling, meeting, advising, and praying with individuals or groups.
added
“(C) Providing crisis prevention and response.
added
“(D) Providing pastoral and spiritual care, guidance, support, and activities.
added
“(E) Advising on religious accommodation requests.
added
“(F) Providing religious training and education.
added
“(b) Protections
added
“(1) A chaplain’s duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain’s religious-endorsing organization.
added
“(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
added
“(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
added
“(4) No member of the Armed Forces may—
added
“(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain’s religious-endorsing organization;
added
“(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the religious-endorsing organization of the chaplain, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1);
added
“(C) retaliate or discriminate against a chaplain based on the chaplain’s refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including—
added
“(i) denial of promotion, schooling, training, assignment, or financial recoupment;
added
“(ii) issuance of letters of reprimand; or
added
“(iii) any other adverse action or entry in the chaplain's record; or
added
“(D) preclude a chaplain from conducting an activity described in paragraph (2).
added
“(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
added
“(c) Assistance by commanding officers—Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
added
“(d) Definitions—In this section:
added
“(1) Administrative endorser—The term administrative endorser means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that—
added
“(A) are religious-endorsing organizations;
added
“(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
added
“(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
added
“(2) Adverse personnel action—The term adverse personnel action means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including—
added
“(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
added
“(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
added
“(3) Censorship—The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
added
“(4) Confidential, sacramental, and privileged communications—The term confidential, sacramental, and privileged communications means any private communication made to a chaplain acting in the chaplain’s capacity as a spiritual advisor.
added
“(5) Religious-endorsing organization
added
“(A) The term religious-endorsing organization means an entity that—
added
“(i)
added
“(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
added
“(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
added
“(ii)
added
“(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
added
“(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
added
“(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
added
“(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).”
Sec. 599A
Duties, responsibilities, requirements, and protections for Navy chaplains
added
(a)
added
Chaplain corps and chief of chaplains— Section 8082 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(f) The Chief of Chaplains shall serve as a principal adviser to the Secretary of the Navy and the Chief of Naval Operations.”
(b)
added
Deputy chiefs of chaplains— Section 8082a of title 10, United States Code, is amended to read as follows:
added
“8082a. Deputy Chiefs of Chaplains
added
“(a) The Secretary of the Navy shall detail as Deputy Chiefs of Chaplains officers of the Chaplain Corps in the grade of commander or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
added
“(b) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains shall also serve as the Chaplain of the Marine Corps and shall serve as a principal advisor to the Commandant of the Marine Corps.
added
“(c) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for Reserve Matters shall also serve as a principal advisor to the Chief of Navy Reserve.
added
“(d) The Deputy Chiefs of Chaplains, while so serving, hold the grade of rear admiral (lower half).”
(c)
added
Chaplains— Section 8221 of title 10, United States Code, is amended to read as follows:
added
“8221. Duties, responsibilities, requirements, and protections for Navy chaplains
added
“(a) Duties, responsibilities, and requirements
added
“(1) The Navy Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Navy and the Chief of Chaplains of the Navy.
added
“(2) The Navy Chaplaincy shall be overseen by the Chief of Chaplains and shall—
added
“(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion’s influence on military operations, which shall include, but not be limited to—
added
“(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1), and related statutes and policies;
added
“(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
added
“(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
added
“(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
added
“(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
added
“(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
added
“(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
added
“(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
added
“(3) The tasks of chaplains in the Navy shall include, but not be limited to, the following:
added
“(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
added
“(B) Counseling, meeting, advising, and praying with individuals or groups.
added
“(C) Providing crisis prevention and response.
added
“(D) Providing pastoral and spiritual care, guidance, support, and activities.
added
“(E) Advising on religious accommodation requests.
added
“(F) Providing religious training and education.
added
“(b) Protections
added
“(1) A chaplain’s duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
added
“(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
added
“(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
added
“(4) No member of the Armed Forces may—
added
“(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech, contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
added
“(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1);
added
“(C) retaliate or discriminate against a chaplain based on the chaplain’s refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including—
added
“(i) denial of promotion, schooling, training, assignment, or financial recoupment;
added
“(ii) issuance of letters of reprimand; or
added
“(iii) any other adverse action or entry in the chaplain's record; or
added
“(D) preclude a chaplain from conducting an activity described in paragraph (2).
added
“(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
added
“(c) Assistance by commanding officers—Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
added
“(d) Definitions—In this section:
added
“(1) Administrative endorser—The term administrative endorser means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that—
added
“(A) are religious-endorsing organizations;
added
“(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
added
“(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
added
“(2) Adverse personnel action—The term adverse personnel action means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including—
added
“(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
added
“(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
added
“(3) Censorship—The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
added
“(4) Confidential, sacramental, and privileged communications—The term confidential, sacramental, and privileged communications means any private communication made to a chaplain acting in the chaplain’s capacity as a spiritual advisor.
added
“(5) Religious-endorsing organization
added
“(A) The term religious-endorsing organization means an entity that—
added
“(i)
added
“(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
added
“(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
added
“(ii)
added
“(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
added
“(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
added
“(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
added
“(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).”
Sec. 599B
Duties, responsibilities, requirements, and protections for Air Force chaplains
added
(a)
added
Chief of chaplains— Section 9039 of title 10, United States Code, is amended by adding at the end the following:
added
“(d) The Chief of Chaplains shall serve as the principal adviser to the Secretary of the Air Force and the Chief of Staff of the Air Force on chaplaincy and religious support, including strategic planning and policy development related to those areas.
added
“(e) The Air Force Chaplaincy, which also services the Space Force, shall—
added
“(1) be overseen by the Office of the Chief of Chaplains; and
added
“(2) advise and assist commanders in ensuring the right of members of the armed forces to religious freedom, in accordance with the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1), and applicable laws and policies.”
(b)
added
Deputy chief of chaplains— Chapter 905 of title 10, United States Code, is amended by inserting after section 9039 the following new section:
added
“9039a. Deputy Chief of Chaplains: appointment; duties
added
“(a) The Secretary of the Air Force shall detail as a Deputy Chief of Chaplains one or more officers of the Chaplain Corps in the grade of colonel or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
added
“(b) Under the authority, direction, and control of the Chief of Chaplains, a Deputy Chief of Chaplains shall also serve as the Chaplain of the Space Force and shall serve as a principal advisor to the Chief of Space Operations.
added
“(c) A Deputy Chief of Chaplains, while so serving, holds the grade of brigadier general.”
(c)
added
The Air Staff: function; composition— Section 9031 of title 10, United States Code, is amended—
(1)
added
by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and
(2)
added
by inserting after paragraph (6) the following new paragraph (7):
added
“(7) The Chief of Chaplains for the Air Force and the Space Force.”
(d)
added
Chaplains— Section 9217 of title 10, United States Code, is amended to read as follows:
added
“9217. Duties, responsibilities, requirements, and protections for Air Force chaplains
added
“(a) Duties, responsibilities, and requirements
added
“(1) The Air Force Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Air Force and the Chief of Chaplains of the Air Force.
added
“(2) The Air Force Chaplaincy shall be overseen by the Chief of Chaplains and shall—
added
“(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion’s influence on military operations, which shall include, but not be limited to—
added
“(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1), and related statutes and policies;
added
“(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
added
“(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
added
“(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
added
“(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
added
“(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
added
“(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
added
“(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
added
“(3) The tasks of chaplains in the Air Force shall include, but not be limited to, the following:
added
“(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
added
“(B) Counseling, meeting, advising, and praying with individuals or groups.
added
“(C) Providing crisis prevention and response.
added
“(D) Providing pastoral and spiritual care, guidance, support, and activities.
added
“(E) Advising on religious accommodation requests.
added
“(F) Providing religious training and education.
added
“(b) Protections
added
“(1) A chaplain’s duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain’s religious-endorsing organization.
added
“(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain’s sincerely held religious beliefs and the manner, form, and tenets of the chaplain’s religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
added
“(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
added
“(4) No member of the Armed Forces may—
added
“(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
added
“(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain’s religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1);
added
“(C) retaliate or discriminate against a chaplain based on the chaplain’s refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including—
added
“(i) denial of promotion, schooling, training, assignment, or financial recoupment;
added
“(ii) issuance of letters of reprimand; or
added
“(iii) any other adverse action or entry in the chaplain's record; or
added
“(D) preclude chaplains from exercising the activities described in paragraph (2).
added
“(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
added
“(c) Assistance by commanding officers—Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
added
“(d) Definitions—In this section:
added
“(1) Administrative endorser—The term administrative endorser means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that—
added
“(A) are religious-endorsing organizations;
added
“(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
added
“(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
added
“(2) Adverse personnel action—The term adverse personnel action means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including—
added
“(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
added
“(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
added
“(3) Censorship—The term censorship means any governmental action taken to suppress or restrict information, ideas, or expression.
added
“(4) Confidential, sacramental, and privileged communications—The term confidential, sacramental, and privileged communications means any private communication made to a chaplain acting in the chaplain’s capacity as a spiritual advisor.
added
“(5) Religious-endorsing organization
added
“(A) The term religious-endorsing organization means an entity that—
added
“(i)
added
“(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
added
“(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
added
“(ii)
added
“(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
added
“(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
added
“(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
added
“(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).”
Sec. 599C
Definition of chaplain for title 10, United States Code
added
added
Section 101(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(17) The term chaplain means a fully qualified religious ministry professional from a religious tradition who—
added
“(A) satisfies the professional qualifications of the chaplain’s religious-endorsing organization (as defined in sections 7217, 8221, and 9217 of this title) and the educational requirements of the Department of Defense and the Armed Force in which the chaplain serves or will serve; and
added
“(B) is appointed as both an officer in the Chaplain Corps of the Armed Forces and a representative of the chaplain’s religious-endorsing organization, to which the chaplain shall remain accountable to for providing religious ministry to the armed forces.”
Sec. 599D
Effect of violations
added
(a)
added
In general— A member of the Armed Forces who violates section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 3, shall be subject to prosecution under section 934 of such title (article 134 of the Uniform Code of Military Justice).
(b)
added
Regulations— Not later than one year after the date of the enactment of this Act, the President shall—
(1)
added
prescribe regulations establishing that a violation of section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 3, constitutes an offense punishable under section 934 of such title (article 134 of the Uniform Code of Military Justice); and
(2)
added
revise the Manual for Courts-Martial to include such offenses.
Sec. 599E
Regulations
added
added
The Secretary of Defense shall prescribe such regulations as are necessary to carry out the amendments made by this subtitle.
Sec. 599F
Conforming amendments
added
(a)
added
Existing protections for chaplains— Section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1030 note prec.) is amended—
(1)
added
in the section heading, by striking “and chaplains of such members”;
(2)
added
by striking subsection (b); and
(3)
added
by redesignating subsection (c) as subsection (b).
(b)
added
Professional functions of the Air Force— Section 9063(h) of title 10, United States Code, is amended by adding “in accordance with section 9217(a)” after “Secretary”.
Sec. 607
Improvements to incentive pay for 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 a 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, as added by subsection (a), 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. 608
Modification of implementation determination for special and incentive pay authorities for members of reserve components
added
added
Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is amended—
(1)
added
by striking “Implementation Date” and all that follows through “The Secretary shall not” and inserting “Implementation Date.—The Secretary shall not”;
(2)
added
by striking paragraph (2); and
(3)
added
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and conforming the margins accordingly.
Sec. 616
Prohibition on charging members of the Armed Forces for meals while serving on naval vessels
added
(a)
added
In general— Section 402 of title 37, United States Code, is amended—
(1)
added
by redesignating subsection (i) as subsection (j); and
(2)
added
by inserting after subsection (h) the following new subsection:
added
“(j) Prohibition on charging members of the armed forces for meals while serving on naval vessels—A member of the armed forces assigned to duty on a naval vessel of the United States shall not be required to pay any charge for meals provided to the member while the vessel is underway or deployed from the homeport of the vessel.”
(b)
added
Effective date— The amendments made by subsection (a) shall take effect on October 1, 2026, and apply to meals provided to a member of the Armed Forces on or after that date.
Sec. 622
Accumulation of leave for members of the Armed Forces
(a)
Accumulation of leave for members of the Armed Forces— Section 701 of title 10, United States Code, is amended—
(1)
by striking subsections (b), (e), and (g);
(2)
by redesignating subsections (c), (d), (f), (h), (i), (j), (k), (l), and (m) as subsections (b) through (j), respectively;
(3)
in subsection (d), as redesignated by paragraph (2), by striking “without regard to the limitations in subsections (b) and (e)”; and
(4)
in subsection (f) (as so redesignated), by striking “, subject to the accumulation limits in subsections (b) and (e),”.
(b)
Conforming amendments—
(1)
Cadets and midshipmen— Section 702(c) of title 10, United States Code, is amended by striking “section 701(m)” and inserting “section 701(j)”.
(2)
Emergency leave retention authority—
(A)
In general— Section 2508 of title 14, United States Code, is repealed.
(B)
Clerical amendment— The table of sections at the beginning of chapter 25 of title 14, United States Code, is amended by striking the item relating to section 2508.
(3)
Payments for unused accrued leave— Section 501 of title 37, United States Code, is amended—
(A)
changed
in subsection (b), by striking paragraph (6); and(b)—
(i)
added
in paragraph (5), by striking “and in subsection (f)”; and
(ii)
added
by striking paragraph (6);
(B)
changed
in subsection (h), by striking “section 701(f)” and inserting “section 701(d)”.(d)—
(i)
added
in paragraph (1), by striking “subsections (b) and (g)” each place it appears and inserting “subsections (b) and (f)”;
(ii)
added
in paragraph(2), by striking “subsection (b)(3), subsection (f), and the second sentence of subsection (g)” and inserting “subsection (b)(3)”;
(C)
added
by striking subsection (f);
(D)
added
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(E)
added
in subsection (f) (as so redesignated), by striking the second sentence.
(4)
Absences due to sickness, wounds, and certain other causes— Section 502(b) of title 37, United States Code, is amended by striking “and section 701(g) of title 10”.
Sec. 624
Authorization of more than one period of rest and recuperation absence for certain members extending duty at designated locations overseas
added
added
Section 705(b) of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “a period of”; and
(2)
added
in paragraph (2)—
(A)
added
by striking “a period of”; and
(B)
added
by inserting “one” before “round-trip”.
Sec. 644
Prohibition on procurement and commissary sales of seafood originating or processed in the People’s Republic of China
added
(a)
added
Prohibition on procurement of seafood originating or processed in the People’s Republic of China for military dining facilities—
(1)
added
In general— Except as provided by paragraph (2) or (3), the Secretary of Defense may not enter into a contract for the procurement of seafood that originates or is processed in the People’s Republic of China for use in military dining facilities, including galleys onboard United States naval vessels.
(A)
added
Undue burden— The Secretary of Defense, or a designee of the Secretary, may grant exceptions to the prohibition under paragraph (1) to facilities on military installations located outside of the United States if such prohibition would unduly burden or prevent seafood from being served at such facility.
(B)
added
United States vessels visiting foreign ports— The Secretary of Defense, or a designee of the Secretary, may grant exceptions to the prohibition under paragraph (1) to United States vessels visiting foreign ports.
(3)
added
Waiver— The Secretary of Defense may waive the prohibition under paragraph (1).
(b)
added
Prohibition on sales of seafood originating in the People’s Republic of China at commissary stores—
(1)
added
In general— Section 2484 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(m) Prohibition on sales of seafood originating in the People’s Republic of China
added
“(1) In general—Except as provided by paragraph (2), raw or processed seafood or seafood products originating in the People’s Republic of China may not be sold at commissary stores.
added
“(2) Waiver—The Secretary of Defense may waive the prohibition under paragraph (1).”
(2)
added
Briefing on compliance— Section 2481(c)(4) of such title is amended—
(A)
added
in subparagraph (D), by striking “; and” and inserting a semicolon;
(B)
added
by redesignating subparagraph (E) as subparagraph (F); and
(C)
added
by inserting after subparagraph (D) the following new subparagraph (E):
added
“(E) an assessment of compliance with the prohibition under section 2484(m) of this title; and”
(3)
added
Transition rules—
(A)
added
Applicability— The prohibition under subsection (m) of section 2484 of title 10, United States Code, as added by paragraph (1), shall apply on and after the date that is 30 days after the date of the enactment of this Act.
(B)
added
Disposal of remaining stock— The Director of the Defense Commissary Agency may determine how to dispose of any stock covered by the prohibition under subsection (m) of section 2484 of title 10, United States Code, as added by paragraph (1), that remains as of the date described in subparagraph (A).
(c)
added
Effective date— The prohibitions under this section, and the amendments made by this section, shall take effect 90 days after the date of the enactment of this Act.
Sec. 655
Independent study on military personnel tempo, workload, and compensation in comparison to civilians with similar duties
added
(a)
added
Independent study— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center with expertise in matters relating to military and civilian personnel responsibilities and compensation to conduct a study on military personnel tempo, workload demands, and compensation in comparison to civilian counterparts in comparable professions.
(b)
added
Elements— The study required under subsection (a) shall include the following:
(1)
added
An assessment of average weekly and annual work hours performed by members of the Armed Forces, and civilians if available, in all military career fields, including those with operational, administrative, training, and deployment-related duties.
(2)
added
A comparative analysis of work hours, personnel tempo, and workload demands, if available, between military personnel and civilians in comparable professions, including professions relating to aviation, explosive ordnance disposal, medical, diving, cyber, nuclear, law enforcement, special operations forces communities, and technical specialties.
(3)
added
An assessment of the effects of deployment cycles, training rotations, field exercises, shipboard operations, alert requirements, shift work, and other operational demands on total military workload.
(4)
added
An assessment of the cumulative time burden associated with military accession training, professional military education, qualification requirements, readiness training, and advanced specialty training pipelines.
(5)
added
An assessment of workload and personnel tempo within specialized military communities, including aviation, explosive ordnance disposal, medical, diving, cyber, nuclear, law enforcement, special operations forces communities, and technical specialties.
(6)
added
An assessment of the impact of military-specific obligations on members of the Armed Forces and military families, including permanent change of station requirements, family separation, deployment frequency, irregular work schedules, and fitness and training requirements.
(7)
added
A comparative analysis of military compensation relative to civilian compensation when accounting for cumulative workload demands and military-specific service obligations.
(8)
added
Identification of any limitations associated with direct comparisons between military and civilian professions, including recommendations for appropriate methodologies, assumptions, and future data collection efforts.
(9)
added
Recommendations, if any, for improving the measurement and tracking of personnel tempo, workload, and workforce use by the Department of Defense.
(1)
added
Submission to Secretary of Defense— The agreement entered into in accordance with subsection (a) shall include a requirement that—
(A)
added
not later than 2 years after the date of the enactment of this Act, the federally funded research and development center that is party to the agreement shall submit to the Secretary of Defense a report containing the results study conducted under subsection (a); and
(B)
added
not less than every 180 days until the final report required by subparagraph (A) is submitted, such federally funded research and development center shall provide to the Secretary of Defense and the congressional defense committees an interim report on the progress and results of such study.
(2)
added
Submission of final report to Congress— Not later than 30 days after the date on which the Secretary of Defense receives the report required under paragraph (1)(A), the Secretary shall submit to the congressional defense committees a copy of the report and any comments of the Secretary with respect to the report.
(d)
added
Form— The reports required under subsection (c) shall be submitted in unclassified form.
(e)
added
Personnel tempo defined— In this Act, the term “personnel tempo” means the amount of time a member of the Armed Forces is engaged in official duties at a location or under circumstances that make it infeasible for such member to spend off-duty time in the housing in which the member resides.
Sec. 656
Department of Defense Military Retirement Fund: payment of retired pay for all members of the uniformed services
added
(a)
added
In general— Section 1463 of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “retired lists” and all that follows through “Space Force” and inserting “retired lists of the uniformed services”;
(2)
added
in paragraph (2), by striking “armed forces” and inserting “uniformed services”; and
(3)
added
in paragraph (4)—
(A)
added
by striking “Department of Defense and the Department of Homeland Security” and inserting “Departments of Defense, Homeland Security, Commerce, and Health and Human Services”;
(B)
added
by striking “armed forces” and inserting “uniformed services”;
(C)
added
by striking “and section” and inserting “section”; and
(D)
added
by inserting “, subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.), and section 229 of the Social Security Act (42 U.S.C. 429)” after “Public Law 96–402”.
(b)
added
Conforming amendments—
(1)
added
Fund purpose; definition— Section 1461 of such title is amended—
(A)
added
in subsection (a), by striking “the Department of Defense and the Coast Guard” and inserting “the uniformed services”; and
(B)
added
in subsection (b)—
(i)
added
in paragraph (2)—
(I)
added
by striking “armed forces” and inserting “uniformed services”; and
(II)
added
by striking “; and” and inserting a semicolon;
(ii)
added
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iii)
added
by adding at the end the following new paragraphs:
added
“(4) a program under subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.); and
added
“(5) a program under section 211 or 221 of the Public Health Service Act (42 U.S.C. 212, 213a).”
(2)
added
Determination of contributions to the Fund— Section 1465 of such title is amended—
(A)
added
in subsection (a), by adding at the end the following new paragraph:
added
“(3) Not later than January 1, 2027, the Board of Actuaries, in consultation with the Secretaries of the departments specified in section 1463(a)(4) of this title, shall determine the amount that is the value on the date of such determination of future benefits payable from the Fund that are attributable to service in the commissioned corps of the National Oceanic and Atmospheric Administration and of the Public Health Service performed before such date. That amount is the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability of the Fund. The Board shall determine the period of time over which the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title.”
(B)
added
in subsection (b)—
(i)
added
in paragraph (1)—
(I)
added
in the matter preceding subparagraph (A)—
(aa)
added
by striking “Secretary of the department in which the Coast Guard is operating” and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title”; and
(bb)
added
by striking “Department of Defense and Coast Guard” and inserting “uniformed services”;
(II)
added
in subparagraph (A)(ii), by striking “Armed Forces” and inserting “uniformed services”; and
(III)
added
in subparagraph (B)(ii), by striking “armed forces” and inserting “uniformed services”;
(ii)
added
in paragraph (2), by inserting “, the Department of Health and Human Services Retirement Pay account for Commissioned officers, and the Department of Commerce NOAA Corps Retirement Pay account for Commissioned officers” after “Coast Guard Retired Pay account”; and
(iii)
added
in paragraph (3), by striking “Department of Defense and Coast Guard”;
(C)
added
in subsection (c)—
(i)
added
in paragraph (1)—
(I)
added
in the matter preceding subparagraph (A), by striking “Secretary of the department in which the Coast Guard is operating” and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title”;
(II)
added
in subparagraph (A), by striking “Armed Forces” and inserting “uniformed services”; and
(III)
added
in subparagraph (B), by striking “armed forces” and inserting “uniformed services”; and
(ii)
added
in paragraphs (2) and (3), by striking “Secretary of the department in which the Coast Guard is operating” both places it appears and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title”; and
(D)
added
in subsection (e), by striking “The Secretary of Defense and, with regard to the Coast Guard, the Secretary of the department in which the Coast Guard is operating shall” and inserting “The Secretary of a department specified in section 1463(a)(4) of this title shall, with regard to the respective department”.
(3)
added
Payments into the Fund— Section 1466 of such title is amended—
(A)
added
in subsection (a)—
(i)
added
in the matter preceding paragraph (1)—
(I)
added
by striking “Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard” and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title”; and
(II)
added
by striking “the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating” and inserting “such Secretaries”;
(ii)
added
in paragraph (1)(B), by inserting “, the commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service” after “Coast Guard”; and
(iii)
added
in paragraph (2)(B), by striking “armed forces” and inserting “uniformed services”;
(B)
added
in subsection (b)—
(i)
added
in paragraph (1), by striking “armed forces under the jurisdiction of the Secretary of a military department” and inserting “uniformed services”; and
(ii)
added
in paragraph (2), by striking “Coast Guard” and inserting “Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service”; and
(C)
added
in subsection (c)—
(i)
added
in paragraph (1), by striking “Secretary of Defense” and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title of this title”;
(ii)
added
in paragraph (2)(A), by striking “the Department of Defense and the Coast Guard” and inserting “each uniformed service”; and
(iii)
added
in paragraph (3), by striking “Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating” and inserting “Secretaries of the departments specified in section 1463(a)(4) of this title”.
(4)
added
Retired Serviceman's Family Protection Plan— Subchapter I of chapter 73 of title 10, United States Code, is amended—
(A)
added
in section 1444(a), by striking “armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service” and inserting “uniformed services”;
(B)
added
by striking “armed forces” each place it appears and inserting “uniformed services”;
(C)
added
by striking “an armed force” both places it appears and inserting “a uniformed service”;
(D)
added
by striking “armed force” each place it appears and inserting “uniformed service”; and
(E)
added
in the headings to sections 1431 and 1432 by striking “armed forces” both places it appears and inserting “uniformed services”.
(5)
added
Survivor Benefit Plan— Section 1449(a) of title 10, United States Code, is amended by striking “armed force” and inserting “uniformed service”.
(6)
added
National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002— Section 261(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (Public Law 107–372; 33 U.S.C. 3071) is amended—
(A)
added
by redesignating paragraphs (21) through (27) as paragraphs (22) through (28), respectively; and
(B)
added
by inserting, after paragraph (20), the following new paragraph (21):
added
“(21) Chapter 74, relating to the Department of Defense Military Retirement Fund.”
(7)
added
Public Health Service Act— Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended—
(A)
added
by redesignating paragraphs (6) through (21) as paragraphs (7) through (22), respectively; and
(B)
added
by inserting, after paragraph (5), the following new paragraph (6):
added
“(6) Chapter 74, Department of Defense Military Retirement Fund.”
Sec. 657
Report on military camping and recreational park program
added
(a)
added
In general— Not later than March 1, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how each military department administers military camping and recreational parks to ensure such parks are equally accessible to all persons authorized to use such parks.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
A list of military camping and recreational vehicle parks that includes the location of each park and an identification of the military department that administers such park.
(2)
added
An estimate of the average number of members of the Armed Forces and veterans who use each facility in a year, disaggregated by members of an active component, members of a reserve component, and veterans.
(3)
added
A list of such parks that allow users to stay more than 30 days during any 90-day period.
(4)
added
A list of such parks that allow users to live at a park full-time.
(5)
added
An explanation of how the Department of Defense policy on recreational vehicle parks complies with industry safety standards.
(6)
added
An explanation of the differences between the policies that apply to such parks and the policies that apply to other morale, welfare, and recreation facilities of the Department of Defense that do not allow persons to stay more than 30 days.
(7)
added
A description of any additional authorities or resources the Secretary determines are necessary to increase capacity and to ensure such parks are equally accessible to all persons authorized to use such parks.
Sec. 708
Continuity of maternity care during permanent change of station
added
(a)
added
Requirement— The Secretary of Defense shall establish procedures to ensure continuity of care for pregnant and postpartum members of the Armed Forces and spouses of such members during a permanent change of station.
(b)
added
Requirements— The procedures required under subsection (a) shall include—
(1)
added
coordination between the military medical treatment facilities at the relevant military installations;
(2)
added
timely transfer of medical records;
(3)
added
assignment of a receiving provider before the permanent change of station, to the extent practicable; and
(4)
added
measures to prevent interruption of prenatal, obstetric, postpartum, and behavioral health services.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of this section.
Sec. 709
Prohibition on coverage of gender-related medical treatment under TRICARE
added
(1)
added
In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section:
added
“1076g. TRICARE program: prohibition on coverage and furnishment gender-related medical treatment
added
“(a) Prohibition—Except as provided by subsection (b), medical care under section 1076 of this title with respect to members of the armed forces and dependents of such members does not include gender-related medical treatment, and the Secretary of Defense may not furnish any such treatment.
added
“(b) Exceptions—The prohibition in subsection (a) shall not apply to medical treatment provided for purposes of treating—
added
“(1) a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such minor does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;
added
“(2) irresolvably ambiguous biological sex characteristics of such minor, including the presence of—
added
“(A) 46 XX chromosomes with virilization;
added
“(B) 46 XY chromosomes with undervirilization; or
added
“(C) both ovarian and testicular tissue; or
added
“(3) an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment.
added
“(c) Definitions—In this section:
added
“(1) The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
added
“(2) The term gender—
added
“(A) means—
added
“(i) males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and
added
“(ii) is a synonym for sex; and
added
“(B) does not mean gender identity, experienced gender, gender expression, or gender roles.
added
“(3) The term gender-related medical treatment means—
added
“(A) with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including—
added
“(i) surgical procedures, including—
added
“(I) vaginectomy;
added
“(II) hysterectomy;
added
“(III) oophorectomy;
added
“(IV) reconstruction of the urethra;
added
“(V) metoidioplasty;
added
“(VI) phalloplasty;
added
“(VII) salpingo-oophorectomy;
added
“(VIII) scrotoplasty;
added
“(IX) implantation of erection or testicular protheses;
added
“(X) subcutaneous mastectomy;
added
“(XI) vocal cord surgery;
added
“(XII) pectoral implants; and
added
“(XIII) penile transplantation;
added
“(ii) exogenous doses of testosterone or other androgens; and
added
“(iii) puberty blockers, including—
added
“(I) GnRH agonists; and
added
“(II) synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and
added
“(B) with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including—
added
“(i) surgical procedures, including—
added
“(I) penectomy;
added
“(II) orchiectomy;
added
“(III) vaginoplasty;
added
“(IV) clitoroplasty;
added
“(V) vulvoplasty;
added
“(VI) augmentation mammoplasty;
added
“(VII) facial feminization surgery;
added
“(VIII) vocal cord surgery;
added
“(IX) chondrolaryngoplasty;
added
“(X) gluteal augmentation; and
added
“(XI) uterine transplantation;
added
“(ii) exogenous doses of estrogen; and
added
“(iii) puberty blockers, including—
added
“(I) GnRH agonists; and
added
“(II) synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals.
added
“(4) The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.
added
“(5) The term sex means the biological determination as to whether an individual is male or female.
added
“(d) Rule of construction—Nothing in this section may be construed to entitle an individual to medical care under this chapter for which they are not otherwise entitled to under this chapter.”
(b)
added
Conforming amendments— Such chapter is further amended as follows:
(1)
added
In section 1077(b), by adding at the end the following:
added
“(4) Treatment prohibited under section 1076g of this title with respect to members of the armed forces and dependents of such members.”
(2)
added
In section 1079(a)(20), by striking “that could result in sterilization”.
Sec. 710
Coverage of cranial orthotic devices for deformational plagiocephaly under TRICARE program
added
added
Section 1079(a) of title 10, United States Code, as amended by section 703, is further amended by adding at the end the following new paragraph:
added
“(22) Cranial orthotic devices (molding helmets) for deformational plagiocephaly may be provided as part of a reconstructive medical treatment.”
Sec. 711
TRICARE coverage for anesthesia for in-office dental procedures for pediatric dentistry for children age 5 and under
added
added
Section 1079(a)(1)(B) of title 10, United States Code, is amended by striking “or for pediatric patients age 5 or under, only institutional and anesthesia services may be provided” and inserting “or for pediatric patients age 5 or under, only institutional services and anesthesia services (including at a dental clinic with respect to such pediatric patients) may be provided”.
Sec. 712
Education on newborn screening options for TRICARE beneficiaries
added
(a)
added
Education requirement— The Secretary of Defense shall ensure that covered beneficiaries receiving prenatal care through the military health system are provided educational information regarding newborn screening.
(b)
added
Contents— The educational information provided under subsection (a) shall include—
(1)
added
a description of newborn screening and the purpose of such screening in identifying certain congenital and genetic conditions in infants;
(2)
added
information regarding conditions recommended by the Secretary of Health and Human Services for newborn screening in infants;
(3)
added
notice that newborn screening panels may vary depending on the State or location in which an infant is born; and
(4)
added
information describing options for discussing and obtaining supplemental newborn screening for conditions recommended by the Secretary of Health and Human Services for newborn screening in infants that may not be included in the applicable State newborn screening panel.
(c)
added
Provision of information— The Secretary shall ensure that the educational information described in subsection (a) is made available to covered beneficiaries receiving prenatal care through—
(1)
added
military medical treatment facilities; and
(2)
added
TRICARE network providers furnishing prenatal care.
(d)
added
Report— Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the feasibility of ensuring that newborns of covered beneficiaries receive screening for all conditions recommended by the Secretary of Health and Human Services for newborn screening in infants, including conditions not included in the applicable State newborn screening panel. Such report shall include—
(1)
added
an assessment of the feasibility of providing such screening through military medical treatment facilities and private sector care under TRICARE;
(2)
added
an estimate of the costs associated with providing such screening;
(3)
added
an assessment of the administrative and logistical requirements associated with identifying gaps in State newborn screening panels and providing supplemental screening; and
(4)
added
options for implementing such screening, including through reimbursement, contracting, or other mechanisms.
(e)
added
Covered beneficiary defined— In this section, the term “covered beneficiary” has the meaning given the term in section 1072 of title 10, United States Code.
Sec. 713
Improvement to continuation of transitional health care
added
added
Section 1145(a)(4) of title 10, United States Code, is amended—
(1)
added
by striking “Except as” and inserting “(A) Except as”; and
(2)
added
by adding at the end the following new subparagraph:
added
“(B) In carrying out this subsection, the Secretary of Defense shall ensure that a member may enroll in the transitional health care under paragraph (1) by not later than two business days after the date on which the 180-day transition period begins.”
Sec. 736
Rates of pay for a provider of care or services furnished under TRICARE program
(a)
Rates— Section 1097b(a) of title 10, United States Code is amended—
(1)
in paragraph (1), by inserting “and paragraph (3)(A)” after “Subject to paragraph (2)”; and
(2)
changed
in paragraph (3), by striking “In establishing” and inserting the followingfollowing:
“(A) The Secretary shall establish rates for payments to providers of care or services under the TRICARE program that are specific with respect to the following sites of service at which the care or service is actually provided (regardless of the physical location of the headquarters of the provider):
“(i) A hospital outpatient department.
“(ii) An ambulatory surgical center.
“(iii) The office of a physician.
“(iv) Such other sites as the Secretary determines appropriate in carrying out this paragraph.
“(B) The Secretary shall ensure that—
“(i) each site specified in subparagraph (A) obtains a National Provider Identifier pursuant to section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)(23)) that is separate and unique from such identifier for such provider; and
“(ii) no payment for care or services under any provision of this chapter may be made unless the claim for such payment includes the National Provider Identifier for the site at which such hospital care, medical services, or extended care services were furnished.
“(C) In the case of covered OPD services (as defined in section 1833(t)(1)(B) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)) that are provided by a provider that is an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B)), disregarding clauses (ii) and (iv) thereof, as if such clauses did not exist), the Secretary shall ensure that such department is treated as a subpart of such provider and assigned a unique health identifier pursuant to subparagraph (B) of this paragraph, and that such provider includes such identifier on any claim form it submits under this subsection, and that such provider may not hold a member of the uniformed services or covered beneficiary liable for such item or service unless such care or services are billed using the separate unique health identifier established for such department under this paragraph.
“(D) Nothing in this paragraph may be construed to—
“(i) prevent the Secretary from determining the appropriate amount of a facility fee;
“(ii) require the Secretary to pay, for the same item or service—
“(I) an independent physician the same amount as the Secretary would pay a hospital-based physician; or
“(II) a hospital-based physician less than the Secretary would pay an independent physician; or
“(iii) affect the authority of the Secretary under paragraph (2).
“(E) In establishing”
(b)
Effective date— The amendments made by subsection (a) shall take effect on January 1, 2028.
Sec. 745
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. 746
Improvement to the TRICARE competitive plans demonstration project
added
added
Section 707 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 1073a note) is amended—
(1)
added
by redesignating subsection (b) as subsection (c); and
(2)
added
by inserting after subsection (a) the following new subsection:
added
“(b) Extension
added
“(1) In general—The Secretary shall seek to extend contracts under the TRICARE Competitive Plans Demonstration Project to carry out the project until the date on which the next generation of TRICARE managed support contracts are fully awarded, transitioned, and placed into operational status.
added
“(2) Considerations—In exercising the authority under paragraph (1), the Secretary shall consider—
added
“(A) beneficiary health and quality of care; and
added
“(B) any disruption associated with changes in enrollment in the TRICARE program.”
Sec. 753
Modifications to pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer
(a)
Agreement— Subsection (b) of section 734 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C. 1071 note) is amended—
(A)
in subparagraph (B), by striking “; and” and inserting a semicolon;
(B)
by redesignating subparagraph (C) as subparagraph (D); and
(C)
by inserting after subparagraph (B) the following new subparagraph:
“(C) provide no coordination with any other health benefit plan; and”
(2)
in paragraph (2), by striking “a period of not more than three years, and may not be renewed” and inserting “a period of not less than three years”; and
(3)
by adding at the end the following new paragraph:
“(3) Requirements—In entering into an agreement under paragraph (1) with a company, the Secretary—
“(A) may not select such company to provide coverage in a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States in which such company—
“(i) is not licensed; and
“(ii) does not meet solvency requirements applicable to such State;
“(B) shall award the agreement based on the expertise of such company;
“(C) shall negotiate the terms and conditions of the fixed indemnity supplemental benefit plan provided under the agreement;
“(D) shall negotiate the cost of coverage with the company that will cover the participants who elect to enroll in such plan;
“(E) shall provide a method for verification of the eligibility of applicants and procedures for determination of eligibility; and
“(F) shall provide a method for payroll deduction of premiums.”
(b)
Provision of information— Subsection (c) of such section is amended by striking “website” and inserting “website, as determined by the Secretary,”.
(c)
Preemption— Such section is further amended—
(1)
by redesignating subsection (f) as subsection (g); and
(2)
by inserting after subsection (e) the following new subsection:
changed
“(f) Preemption—An agreement entered into Preemption—A fixed indemnity supplemental benefit plan provided under this section the pilot program shall be deemed to be a contract for which the Secretary of Defense has determined to preempt State or local laws pursuant to section 1103 of title 10, United States Code, as administered under section 199.17(a)(7)(i) of title 32, Code of Federal Regulations, as in effect on the date of the enactment of this Act.”
Sec. 761
Continuous glucose monitoring pilot program
(a)
changed
Pilot program— Not later than 180 days after the date of the enactment of this Act, the The Secretary of Defense shall commence carry out a pilot program under the TRICARE program under which a member of the Armed Forces serving on active duty may use a Secretary provides covered health record platform members with continuous glucose monitoring technology to collect assess the health records effects of the member before separating from active duty.real-time metabolic health tracking and early intervention on improving—
(1)
added
the health of the members; and
(2)
added
force readiness.
(b)
changed
Selection of Armed Force—Participation— The Secretary shall select not fewer than one Armed Force in which require a covered member to carry out participate in the pilot program under subsection (a).(a) if the Secretary identifies the member as being in either the Partially Medically Ready category or the Not Medically Ready category of the Individual Medical Readiness program.
(c)
changed
Contracts—Data—
(1)
changed
Authority—Exclusive uses— The Secretary shall seek to enter into a contract using competitive procedures with an appropriate entity for may use the provision health information of the a covered health record platform member collected under the pilot program under subsection (a).(a) only for the purposes of—
(A)
added
carrying out the pilot program, including with respect to furnishing information to the Comptroller General of the United States pursuant to subsection (g)(1);
(B)
added
providing health care, including preventative care, to the member pursuant to chapter 55 of title 10, United States Code; and
(C)
added
conducting the Individual Medical Readiness program.
(2)
added
No use for medical discharges— The Secretary may not use the health information of a covered member collected under the pilot program under subsection (a) in separating or discharging the member from the Armed Forces under chapter 61 of title 10, United States Code.
(2)
removed
Notice of competition—
(A)
removed
Request for proposals— 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).
(B)
removed
Open competition— A request under subparagraph (A) shall be full and open to any contractor that has an existing covered health record platform.
(3)
changed
Selection—Prohibition on nongovernmental use— Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to an appropriate A nongovernmental entity pursuant to that provides continuous glucose monitoring technology under the request for proposals pilot program under paragraph (2) if subsection (a), or otherwise provides services under the Secretary determines that at least one acceptable offer is submitted.pilot program, may not—
(A)
added
retain any rights to health information of a covered member collected under the pilot program;
(B)
added
use such information except as authorized by this section; and
(C)
added
may not retain such information after such authorized use is completed.
(d)
added
Provision of information and services— The Secretary shall provide covered members participating in the pilot program under subsection (a) with—
(d)
removed
Duration of pilot program—
(1)
removed
Period— The Secretary shall carry out the pilot program under subsection (a) for a period of not less than one year.
(1)
changed
Termination or extension of program— After carrying out the pilot program under subsection (a) for a period of 180 days, the Secretary shall survey all participants in the pilot program and, based on survey results, may—information regarding metabolic health awareness; and
(2)
added
education and services to improve force readiness.
(A)
removed
terminate the pilot program;
(B)
removed
continue the pilot program;
(C)
removed
expand the pilot program; or
(D)
removed
implement the use of a covered health record platform in the Defense Health Agency throughout the Armed Forces.
(e)
changed
Prohibition on new appropriations—Training— No additional funds are authorized to be appropriated to carry out the requirements of this section.The Secretary shall—
(1)
added
provide medical professionals of the military departments with in-person training on the background, procedures, and reporting requirements of the pilot program under subsection (a); and
(2)
added
establish shared educational resources and training materials that may be used by all the military departments.
(f)
changed
Covered health record platform defined—Duration— In this section, The Secretary shall carry out the term covered health record platform means pilot program under subsection (a) for a secure personal health record platform that meets the following requirements:five-year period.
(1)
added
Comptroller General—
(A)
added
Initial— Not later than three years after the date on which the Secretary commences the pilot program under subsection (a), the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including—
(i)
added
a comparison of the rates of members in the Partially Medically Ready category or the Not Medically Ready category of the Individual Medical Readiness program during 2025 and during the third year in which the pilot program is carried out; and
(ii)
added
recommendations to improve the pilot program.
(B)
added
Final— Not later than five years after the date on which the Secretary commences the pilot program under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including—
(i)
added
an assessment of the effectiveness of the recommendations under subparagraph (A)(ii); and
(ii)
added
a determination by the Comptroller General regarding whether the pilot program should be extended.
(2)
added
DOD— Not later than five years after the date on which the Secretary commences the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including—
(A)
added
data regarding the use and efficacy of the pilot program;
(B)
added
how the pilot program affected force readiness; and
(C)
added
any recommendations by the Secretary to improve the pilot program.
(h)
added
Definitions— In this section:
(1)
added
The term covered member means a member of the Armed Forces serving on active duty who meets any of the following criteria:
(A)
added
The member has been diagnosed with prediabetes.
(B)
added
The member has been diagnosed with type 2 diabetes and does not take insulin.
(C)
added
The member has had gestational diabetes.
(D)
added
The member is overweight or obese.
(2)
added
The term Individual Medical Readiness program means the program specified in Department of Defense Instruction 6025.19, or successor instruction.
(3)
added
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
(1)
removed
Has web-based and native mobile phone application capabilities.
(2)
removed
Has the capability to store and share records with the Department of Veterans Affairs or any other designated care provider.
(3)
removed
Has the capability to store records in the cloud.
(4)
removed
Does not have a requirement for integration to receive or share records.
(5)
removed
Has the capability to instantly share data based on a combination of access key and personal identifier.
(6)
removed
Has the capability to provide secure data storage and records transfer upon separation of a member of the Armed Forces from active duty.
(7)
removed
Does not require a business associate agreement with any parties.
(8)
removed
Has secure data isolation with access controls.
(9)
removed
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.
Sec. 762
Pilot program on secure, mobile personal health record for members of the Armed Forces
(a)
changed
Pilot program— The Director Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense Health Agency shall carry out commence a pilot program under which the Director provides for a member of the Armed Forces serving on active duty may use of blue-light dissipating displays by a covered individuals in clinical and rehabilitative settings.health record platform to collect the health records of the member before separating from active duty.
(b)
changed
Use Selection of blue-light dissipating displays—Armed Force— The Director Secretary shall ensure that blue-light dissipating displays provided under select not fewer than one Armed Force in which to carry out the pilot program under subsection (a) are used to assist covered individuals with screen-mediated tasks associated with rehabilitation, patient education, assistive technology, and telehealth appointments.(a).
(1)
added
Authority— The Secretary shall seek to enter into a contract using competitive procedures with an appropriate entity for the provision of the covered health record platform under the pilot program under subsection (a).
(2)
added
Notice of competition—
(A)
added
Request for proposals— 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).
(B)
added
Open competition— A request under subparagraph (A) 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 the Secretary determines that at least one acceptable offer is submitted.
(d)
added
Duration of pilot program—
(1)
added
Period— 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— After carrying out the pilot program under subsection (a) for a period of 180 days, the Secretary shall survey all participants in the pilot program and, based on survey results, may—
(A)
added
terminate the pilot program;
(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 Defense Health Agency throughout the Armed Forces.
(c)
removed
Selection of technology— In carrying out the pilot program under subsection (a), the Director shall select commercially available, stand-alone blue-light dissipating displays that do not require modifications to the electronic health record systems of the military health system.
(d)
removed
Locations— The Director shall select military medical treatment facilities at which to carry out the pilot program under subsection (a).
(e)
changed
Briefing—Prohibition on new appropriations— Not later than 180 days after the date of the enactment of this Act, the Director shall provide No additional funds are authorized to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the design of be appropriated to carry out the pilot program under subsection (a), including identification requirements of the military medical treatment facilities selected under subsection (d).this section.
(f)
changed
Report—Covered health record platform defined— Not later than one year after the date of the enactment of In this Act, the Director shall submit to the Committees on Armed Services of the House of Representatives and section, the Senate term covered health record platform means a report on the pilot program under subsection (a), including an evaluation of each of secure personal health record platform that meets the following:following requirements:
(1)
changed
Whether the use of blue-light dissipating displays provided under the pilot program changed the time needed to complete screen-mediated tasks associated with rehabilitation, patient education, assistive technology, Has web-based and telehealth appointments.native mobile phone application capabilities.
(2)
changed
Whether such use improved Has the ability of covered individuals to read information relating capability to such tasks.store and share records with the Department of Veterans Affairs or any other designated care provider.
(3)
changed
Whether such use improved Has the glare sensitivity and visual fatigue of covered individuals.capability to store records in the cloud.
(4)
added
Does not have a requirement for integration to receive or share records.
(5)
added
Has the capability to instantly share data based on a combination of access key and personal identifier.
(6)
added
Has the capability to provide secure data storage and records transfer upon separation of a member of the Armed Forces from active duty.
(7)
added
Does not require a business associate agreement with any parties.
(8)
added
Has secure data isolation with access controls.
(9)
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.
(g)
removed
Definitions— In this section:
(1)
removed
The term blue-light dissipating display means a display technology that is blue-light-dissipating and uses a diffused light-output architecture, including with respect to employing optical-elastomer or diffused light-output nanomaterial light-management layers (or both).
(2)
removed
The term covered individual means a covered beneficiary (as defined in section 1072 of title 10, United States Code) who is partially blind, legally blind, or otherwise visually impaired.
Sec. 763
Pilot program to provide for the use of blue-light dissipating displays to certain individuals
(a)
changed
Extension—Pilot program— The Secretary Director of the Defense Health Agency shall carry out the a pilot program of the Uniformed Services University of the Health Sciences titled “Assessing the Security and Quality of under which the U.S. Military Health System Pharmaceutical Supply Chain” Director provides for a period of not less than five years beginning on the date of the enactment use of this Act.blue-light dissipating displays by covered individuals in clinical and rehabilitative settings.
(b)
changed
Elements—Use of blue-light dissipating displays— The Secretary Director shall ensure that blue-light dissipating displays provided under the pilot program under subsection (a) includes the following:are used to assist covered individuals with screen-mediated tasks associated with rehabilitation, patient education, assistive technology, and telehealth appointments.
(1)
removed
Defining the Department Essential Medicine list to consist of not more than 100 medicines that do not have patent exclusivity and are determined by the Secretary as essential for operational capabilities, predeployment, or the military health system (based on the progress of the pilot program before the date of the enactment of this Act).
(2)
removed
To the extent practicable, harmonizing such Department Essential Medicine list with a list of defense-relevant generic drugs based on the risk management framework developed under section 860 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3241 note prec.).
(3)
removed
Refreshing and expanding chemical testing data from the pilot program as carried out before the date of the enactment of this Act to include all medicines listed on the Department Essential Medicine List and creating National Drug Code-specific categorizations of high-risk, moderate-risk, or low-risk based on objective indicators for relative chemical quality and safety risk.
(4)
removed
Adding to the objective risk-categorization framework assessment of location of manufacturing, including flagging entities in China and other countries that are not compliant with the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) and creating National Drug Code-specific, objective categorizations of high-risk, moderate-risk, or low-risk based on independently derived indicators for true country of origin, that includes countries of concern, including China, being classified under the highest-risk category.
(5)
removed
Making recommendations for the continuation of the scoring framework at the conclusion of the pilot program.
(c)
changed
Independent testing—Selection of technology— The Secretary shall ensure that, in determining the true country of origin (location quality) and relative chemical quality and safety risks of medicines under In carrying out the pilot program under subsection (a), the testing for such information is conducted by independent laboratories acceptable Director shall select commercially available, stand-alone blue-light dissipating displays that do not require modifications to the Uniformed Services University electronic health record systems of the Health Sciences that—military health system.
(d)
added
Locations— The Director shall select military medical treatment facilities at which to carry out the pilot program under subsection (a).
(e)
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the design of the pilot program under subsection (a), including identification of the military medical treatment facilities selected under subsection (d).
(f)
added
Report— Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program under subsection (a), including an evaluation of each of the following:
(1)
added
Whether the use of blue-light dissipating displays provided under the pilot program changed the time needed to complete screen-mediated tasks associated with rehabilitation, patient education, assistive technology, and telehealth appointments.
(2)
added
Whether such use improved the ability of covered individuals to read information relating to such tasks.
(3)
added
Whether such use improved the glare sensitivity and visual fatigue of covered individuals.
(g)
added
Definitions— In this section:
(1)
added
The term blue-light dissipating display means a display technology that is blue-light-dissipating and uses a diffused light-output architecture, including with respect to employing optical-elastomer or diffused light-output nanomaterial light-management layers (or both).
(2)
added
The term covered individual means a covered beneficiary (as defined in section 1072 of title 10, United States Code) who is partially blind, legally blind, or otherwise visually impaired.
(1)
removed
are accredited under ISO 17025 standards;
(2)
removed
are not registered as a Good Manufacturing Practice facility to ensure no conflicts of interest;
(3)
removed
have experience developing and operating a published quality risk scoring framework applicable to individual National Drug Codes; and
(4)
removed
are duly licensed and demonstrate an ability to conduct ongoing post-market surveillance through procurement of pharmaceutical products from common wholesalers, and not directly from manufacturers.
Sec. 764
Extension and improvement of pilot program of the Uniformed Services University of the Health Sciences on pharmaceutical supply chain
(a)
changed
Establishment—Extension— In accordance with The Secretary of Defense shall carry out the Warfighter Brain pilot program of the Uniformed Services University of the Health Initiative under section 735 Sciences titled “Assessing the Security and Quality of the James M. Inhofe National Defense Authorization Act U.S. Military Health System Pharmaceutical Supply Chain” for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071 note), a period of not later less than July 1, 2027, five years beginning on the Assistant Secretary date of Defense for Health Affairs shall establish a working group to develop a digital health strategy that leverages advances in artificial intelligence for the treatment enactment of traumatic brain injuries.this Act.
(b)
changed
Membership—Elements— The Assistant Secretary shall appoint to ensure that the working group pilot program under subsection (a) members of the Armed Forces, officers and employees of includes the Department of Defense, and nongovernmental experts. Such individuals shall have expertise in clinical care of traumatic brain injuries, biomedical informatics, biomedical engineering, or biomedical implementation science.following:
(1)
added
Defining the Department Essential Medicine list to consist of not more than 100 medicines that do not have patent exclusivity and are determined by the Secretary as essential for operational capabilities, predeployment, or the military health system (based on the progress of the pilot program before the date of the enactment of this Act).
(2)
added
To the extent practicable, harmonizing such Department Essential Medicine list with a list of defense-relevant generic drugs based on the risk management framework developed under section 860 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3241 note prec.).
(3)
added
Refreshing and expanding chemical testing data from the pilot program as carried out before the date of the enactment of this Act to include all medicines listed on the Department Essential Medicine List and creating National Drug Code-specific categorizations of high-risk, moderate-risk, or low-risk based on objective indicators for relative chemical quality and safety risk.
(4)
added
Adding to the objective risk-categorization framework assessment of location of manufacturing, including flagging entities in China and other countries that are not compliant with the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) and creating National Drug Code-specific, objective categorizations of high-risk, moderate-risk, or low-risk based on independently derived indicators for true country of origin, that includes countries of concern, including China, being classified under the highest-risk category.
(5)
added
Making recommendations for the continuation of the scoring framework at the conclusion of the pilot program.
(c)
changed
Strategy—Independent testing— The strategy Secretary shall ensure that, in determining the true country of origin (location quality) and relative chemical quality and safety risks of medicines under the pilot program under subsection (a) shall include, at a minimum, (a), the following:testing for such information is conducted by independent laboratories acceptable to the Uniformed Services University of the Health Sciences that—
(1)
changed
Identification of capability gaps in treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies.are accredited under ISO 17025 standards;
(2)
changed
An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health, including any applicable commercial off-the-shelf solutions being used by the Department of Defense are not registered as a Good Manufacturing Practice facility to support treatment ensure no conflicts of traumatic brain injuries.interest;
(3)
changed
Expert recommendations on advances required to address identified capability gaps and significantly improve treatment of traumatic brain injuries using artificial intelligence have experience developing and digital health technologies.operating a published quality risk scoring framework applicable to individual National Drug Codes; and
(4)
changed
A recommended investment plan to advance technology are duly licensed and knowledge readiness levels demonstrate an ability to field digital solutions for treating traumatic brain injuries.conduct ongoing post-market surveillance through procurement of pharmaceutical products from common wholesalers, and not directly from manufacturers.
Sec. 765
Working group on digital strategy for traumatic brain injuries
(a)
changed
Study—Establishment— The In accordance with the Warfighter Brain Health Initiative under 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), not later than July 1, 2027, the Assistant Secretary of Defense for Health Affairs shall conduct establish a comprehensive, longitudinal study working group to assess develop a digital health strategy that leverages advances in artificial intelligence for the long term physiological and psychological effects treatment of military aviation, including with respect to high-performance flight and G-force exposure, on military aviators.traumatic brain injuries.
(b)
changed
Elements—Membership— The study Assistant Secretary shall appoint to the working group under subsection (a) members of the Armed Forces, officers and employees of the Department of Defense, and nongovernmental experts. Such individuals shall examine, at a minimum—have expertise in clinical care of traumatic brain injuries, biomedical informatics, biomedical engineering, or biomedical implementation science.
(1)
removed
the relationship between cumulative flight hours and exposure to G-forces and incidents of traumatic brain injury, subconcussive trauma, or cognitive impairment;
(2)
removed
long-term mental health outcomes, including with respect to incidence of depression, anxiety disorders, and post-traumatic stress disorder, in military aviators compared to other members of the Armed Forces;
(3)
removed
the correlation between aviation-related physiological stress and suicide risk among aviators;
(4)
removed
the prevalence of neurodegenerative conditions (including chronic traumatic encephalopathy, amyotrophic lateral sclerosis, and Parkinson’s disease) in current and former military aviators;
(5)
removed
the effect of helmet design, oxygen systems, flight suit pressurization, and other cockpit environmental factors on neurocognitive health;
(6)
removed
current screening and diagnostic procedures used to detect early signs of neurological injury or psychological distress in military aviators; and
(7)
removed
recommended improvements in the monitoring, prevention, and treatment of aviation-related brain trauma and mental health challenges.
(c)
changed
Consultation—Strategy— In conducting the study The strategy under subsection (a), the Secretary (a) shall consult with—include, at a minimum, the following:
(1)
changed
the Surgeons General Identification of the military departments;capability gaps in treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies.
(2)
changed
the Director An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health, including any applicable commercial off-the-shelf solutions being used by the Department of Defense Health Agency;to support treatment of traumatic brain injuries.
(3)
changed
the Secretary Expert recommendations on advances required to address identified capability gaps and significantly improve treatment of Veterans Affairs; andtraumatic brain injuries using artificial intelligence and digital health technologies.
(4)
changed
relevant academic institutions and federally funded research and development centers with expertise in aviation medicine, neuroscience, A recommended investment plan to advance technology and psychiatry.knowledge readiness levels to field digital solutions for treating traumatic brain injuries.
(d)
removed
Pilot health registry— The Secretary of Defense shall establish and maintain a centralized Military Aviator Neurohealth Registry that includes—
(1)
removed
anonymized health data of military aviators voluntarily participating in the study under subsection (a);
(2)
removed
flight exposure metrics, including cumulative hours and G-force profiles;
(3)
removed
relevant health outcomes tracked over time; and
(4)
removed
a mechanism for longitudinal follow-up with the military aviators after retirement or separation from the Armed Forces.
(1)
removed
Interim report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an interim report on the study under subsection (a), including any preliminary findings and recommendations.
(2)
removed
Final report— Not later than three years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a), including findings and recommendations.
(f)
removed
Military aviator defined— In this section, the term military aviator means a member of the Armed Forces, including a commissioned officer or a warrant officer, who—
(1)
removed
has been designated as a pilot, naval aviator, or aircrew member by the Secretary of the military department concerned;
(2)
removed
operates, or is regularly assigned as a flight crew member aboard, high-performance, crewed, fixed-wing or rotary-wing aircraft designed for tactical, training, or reconnaissance missions, including—
(A)
removed
fighter aircraft (such as the F–35, F/A–18, F–22, and F–16 aircraft);
(B)
removed
attack aircraft (such as the A–10 and AH–64 aircraft);
(C)
removed
trainer jets (such as the T–7, T–38,and T–45 aircraft); and
(D)
removed
tiltrotor or high-speed rotary aircraft (such as the V–22 aircraft); and
(3)
removed
is subject to sustained or repeated G-forces during the routine execution of flight duties.
Sec. 766
Study on long-term effects of military flight operations on brain health and mental health
(a)
changed
Study— The Secretary of Defense, acting through the Director of the Defense Health Agency, in coordination with the Secretary of the Air Force, shall conduct a feasibility comprehensive, longitudinal study to assess the long term physiological and psychological effects of military aviation, including with respect to high-performance flight and G-force exposure, on establishing a military medical treatment facility at Homestead Air Reserve Base, Florida.aviators.
(b)
changed
Matters included—Elements— The study under subsection (a) shall evaluate the following:examine, at a minimum—
(1)
changed
The total eligible beneficiary population who would access a military medical treatment facility at Homestead Air Reserve Base, including with respect to members of the Armed Forces (including the reserve components thereof) relationship between cumulative flight hours and covered beneficiaries stationed at such Base or at a different military installation in the proximity exposure to G-forces and incidents of such Base.traumatic brain injury, subconcussive trauma, or cognitive impairment;
(2)
changed
The extent long-term mental health outcomes, including with respect to which reliance by such members incidence of depression, anxiety disorders, and covered beneficiaries on civilian health care providers—post-traumatic stress disorder, in military aviators compared to other members of the Armed Forces;
(A)
removed
meets medical readiness and deployment training requirements;
(B)
removed
supports or degrades military-unique clinical skill sustainment; and
(C)
removed
satisfies adequacy standards under the TRICARE network.
(3)
changed
Identified gaps the correlation between civilian health care access aviation-related physiological stress and military operational medical readiness requirements.suicide risk among aviators;
(4)
changed
A cost comparison of—the prevalence of neurodegenerative conditions (including chronic traumatic encephalopathy, amyotrophic lateral sclerosis, and Parkinson’s disease) in current and former military aviators;
(A)
removed
a direct care military medical treatment facility model;
(B)
removed
a hybrid readiness clinic model; and
(C)
removed
continued purchased care reliance.
(5)
changed
Opportunities for integration with local civilian health care systems while preserving military-unique readiness competencies.the effect of helmet design, oxygen systems, flight suit pressurization, and other cockpit environmental factors on neurocognitive health;
(6)
added
current screening and diagnostic procedures used to detect early signs of neurological injury or psychological distress in military aviators; and
(7)
added
recommended improvements in the monitoring, prevention, and treatment of aviation-related brain trauma and mental health challenges.
(c)
changed
Report—Consultation— Not later than 180 days after the date of In conducting the enactment of this Act, study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate—consult with—
(1)
changed
the findings Surgeons General of the study under subsection (a);military departments;
(2)
changed
a recommended course the Director of action;the Defense Health Agency;
(3)
changed
estimated cost and manpower requirements;the Secretary of Veterans Affairs; and
(4)
changed
an assessment of medical readiness impacts; andrelevant academic institutions and federally funded research and development centers with expertise in aviation medicine, neuroscience, and psychiatry.
(5)
removed
an analysis of the implications to covered beneficiaries with respect to accessing medical care.
(d)
changed
Covered beneficiary defined—Pilot health registry— In this section, the term covered beneficiary has the meaning given that term in section 1072 The Secretary of title 10, United States Code.Defense shall establish and maintain a centralized Military Aviator Neurohealth Registry that includes—
(1)
added
anonymized health data of military aviators voluntarily participating in the study under subsection (a);
(2)
added
flight exposure metrics, including cumulative hours and G-force profiles;
(3)
added
relevant health outcomes tracked over time; and
(4)
added
a mechanism for longitudinal follow-up with the military aviators after retirement or separation from the Armed Forces.
(1)
added
Interim report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an interim report on the study under subsection (a), including any preliminary findings and recommendations.
(2)
added
Final report— Not later than three years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a), including findings and recommendations.
(f)
added
Military aviator defined— In this section, the term military aviator means a member of the Armed Forces, including a commissioned officer or a warrant officer, who—
(1)
added
has been designated as a pilot, naval aviator, or aircrew member by the Secretary of the military department concerned;
(2)
added
operates, or is regularly assigned as a flight crew member aboard, high-performance, crewed, fixed-wing or rotary-wing aircraft designed for tactical, training, or reconnaissance missions, including—
(A)
added
fighter aircraft (such as the F–35, F/A–18, F–22, and F–16 aircraft);
(B)
added
attack aircraft (such as the A–10 and AH–64 aircraft);
(C)
added
trainer jets (such as the T–7, T–38,and T–45 aircraft); and
(D)
added
tiltrotor or high-speed rotary aircraft (such as the V–22 aircraft); and
(3)
added
is subject to sustained or repeated G-forces during the routine execution of flight duties.
Sec. 767
Study on feasibility of establishing military medical treatment facility at Homestead Air Reserve Base
(a)
changed
Study— Not later than 18 months after the date The Secretary of Defense, acting through the enactment Director of this Act, the Defense Health Agency, in coordination with the Secretary of Defense the Air Force, shall conduct a study to determine the feasibility of study on establishing a digital system under which—military medical treatment facility at Homestead Air Reserve Base, Florida.
(b)
added
Matters included— The study under subsection (a) shall evaluate the following:
(1)
removed
a covered individual who receives health care at a military medical treatment facility may electronically—
(A)
removed
file a complaint relating to access to care at such military medical treatment facility; and
(B)
removed
view the status of such complaint at any time, including the status of any interim or final action taken to address the complaint;
(2)
removed
any complaint filed under paragraph (1)(A) is promptly transmitted to an appropriate patient advocate of the Department of Defense; and
(3)
removed
complaints filed under paragraph (1)(A) with respect to a military medical treatment facility may be automatically aggregated and submitted to the Director of the Defense Health Agency on a quarterly basis.
(1)
removed
Requirement— Not later than December 1, 2027, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the feasibility of establishing the digital system described in subsection (a).
(1)
changed
Elements— The report under paragraph (1) shall include total eligible beneficiary population who would access a military medical treatment facility at Homestead Air Reserve Base, including with respect to members of the following:Armed Forces (including the reserve components thereof) and covered beneficiaries stationed at such Base or at a different military installation in the proximity of such Base.
(2)
added
The extent to which reliance by such members and covered beneficiaries on civilian health care providers—
(A)
added
meets medical readiness and deployment training requirements;
(B)
added
supports or degrades military-unique clinical skill sustainment; and
(C)
added
satisfies adequacy standards under the TRICARE network.
(3)
added
Identified gaps between civilian health care access and military operational medical readiness requirements.
(4)
added
A cost comparison of—
(A)
added
a direct care military medical treatment facility model;
(B)
added
a hybrid readiness clinic model; and
(C)
added
continued purchased care reliance.
(5)
added
Opportunities for integration with local civilian health care systems while preserving military-unique readiness competencies.
(A)
removed
An identification of the most common complaints relating to access to care filed by covered individuals.
(B)
removed
A comparison of the number of complaints regarding access to specialty care versus access to primary care.
(C)
removed
A comparison of the number of complaints regarding access to pediatric care versus nonpediatric care.
(D)
removed
A comparison of the number of complaints regarding administrative hurdles to access to care versus other issues relating to access to care.
(E)
removed
A summary of steps taken to reduce complaints relating to access to care.
(c)
changed
Covered individual defined—Report— In Not later than 180 days after the date of the enactment of this section, Act, the term covered individual means an individual enrolled in a health care plan under Secretary shall submit to the TRICARE program Committees on Armed Services of the House of Representatives and eligible to receive care at a military medical treatment facility.the Senate—
(1)
added
the findings of the study under subsection (a);
(2)
added
a recommended course of action;
(3)
added
estimated cost and manpower requirements;
(4)
added
an assessment of medical readiness impacts; and
(5)
added
an analysis of the implications to covered beneficiaries with respect to accessing medical care.
(d)
added
Covered beneficiary defined— In this section, the term covered beneficiary has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 768
Study on feasibility of establishing digital system relating to access to care at military medical treatment facilities
(a)
changed
Review—Study— The Inspector General Not later than 18 months after the date of the Department enactment of this Act, the Secretary of Defense shall conduct a review of study to determine the efforts of each Secretary feasibility of establishing a military department to prevent incidents of deaths by suicide, suicide attempts, and suicidal ideation among members of the Armed Forces, including with respect to—digital system under which—
(1)
changed
efforts to increase public awareness of such prevention; anda covered individual who receives health care at a military medical treatment facility may electronically—
(A)
added
file a complaint relating to access to care at such military medical treatment facility; and
(B)
added
view the status of such complaint at any time, including the status of any interim or final action taken to address the complaint;
(2)
changed
developing unit commanding officer crisis response plans.any complaint filed under paragraph (1)(A) is promptly transmitted to an appropriate patient advocate of the Department of Defense; and
(3)
added
complaints filed under paragraph (1)(A) with respect to a military medical treatment facility may be automatically aggregated and submitted to the Director of the Defense Health Agency on a quarterly basis.
(1)
added
Requirement— Not later than December 1, 2027, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the feasibility of establishing the digital system described in subsection (a).
(b)
removed
Elements— The review under subsection (a) shall include an assessment of each of the following:
(2)
changed
Elements— The extent of data collected regarding incidents of deaths by suicide, suicide attempts, and suicidal ideation among members of report under paragraph (1) shall include the Armed Forces.following:
(A)
added
An identification of the most common complaints relating to access to care filed by covered individuals.
(B)
added
A comparison of the number of complaints regarding access to specialty care versus access to primary care.
(C)
added
A comparison of the number of complaints regarding access to pediatric care versus nonpediatric care.
(D)
added
A comparison of the number of complaints regarding administrative hurdles to access to care versus other issues relating to access to care.
(E)
added
A summary of steps taken to reduce complaints relating to access to care.
(2)
removed
The means used by commanders to prevent and respond to incidents of deaths by suicide, suicide attempts, and suicidal ideation among members.
(3)
removed
Challenges relating to—
(A)
removed
the prevention of incidents of deaths by suicide, suicide attempts, and suicidal ideation among members deployed; and
(B)
removed
the development of a response to such incidents.
(4)
removed
The capacity of teams providing mental health services to members to respond to incidents of suicidal ideation or suicide attempts among members in the respective unit each such team serves.
(5)
removed
The means used by such teams to respond to such incidents, including the extent to which post-incident programs are available to members.
(6)
removed
Barriers to providing signage and advertisements for mental health resources in high-traffic areas on installations.
(7)
removed
Current annual training requirements and leadership training programs for each Armed Force, including any enforcement measures.
(8)
removed
Such other matters as the Inspector General determines appropriate.
(c)
changed
Report—Covered individual defined— Not later April 30, 2027, the Inspector General of the Department of Defense shall submit to In this section, the Committees on Armed Services of term covered individual means an individual enrolled in a health care plan under the Senate TRICARE program and House of Representatives a report that includes eligible to receive care at a summary of the results of the review under subsection (a).military medical treatment facility.
Sec. 769
Review by Inspector General of the Department of Defense on efforts to prevent suicide
(a)
added
Review— The Inspector General of the Department of Defense shall conduct a review of the efforts of each Secretary of a military department to prevent incidents of deaths by suicide, suicide attempts, and suicidal ideation among members of the Armed Forces, including with respect to—
(a)
removed
Wellness checks—
(1)
removed
Wellness checks required— The Secretary of Defense shall issue such regulations, policies, and procedures as may be necessary to require that, whenever appropriate, following a member of the Armed Forces sustaining any significant injury or illness or being on sick call, a wellness check is conducted to account for the health and welfare of such member.
(1)
changed
Methods of contact— In conducting a wellness check for a member of the Armed Forces pursuant to paragraph (1), if the member does not respond to such check conducted via an electronic or telephone communication method, the individual conducting the check shall progress efforts to an in-person method increase public awareness of contact.such prevention; and
(2)
changed
Result of failure to locate— If, as a result of a wellness check conducted pursuant to paragraph (1) for a member of the Armed Forces, the individual conducting such check is unable to locate such member, the individual shall refer to the applicable regulations, policies, and procedures of the Department of Defense regarding the determination and reporting of such member as missing, absent unknown, absent without leave, or duty status whereabouts unknown.developing unit commanding officer crisis response plans.
(b)
changed
Implementation by unit commanders—Elements— In carrying out The review under subsection (a), the Secretary of Defense (a) shall ensure that include an assessment of each unit commander coordinates with the judge advocates assigned or attached to, or performing duty with, the unit under the command of such commander for assistance in the implementation of any regulation, policy, or procedure required under subsection (a) with respect to such unit.following:
(1)
added
The extent of data collected regarding incidents of deaths by suicide, suicide attempts, and suicidal ideation among members of the Armed Forces.
(2)
added
The means used by commanders to prevent and respond to incidents of deaths by suicide, suicide attempts, and suicidal ideation among members.
(3)
added
Challenges relating to—
(A)
added
the prevention of incidents of deaths by suicide, suicide attempts, and suicidal ideation among members deployed; and
(B)
added
the development of a response to such incidents.
(4)
added
The capacity of teams providing mental health services to members to respond to incidents of suicidal ideation or suicide attempts among members in the respective unit each such team serves.
(5)
added
The means used by such teams to respond to such incidents, including the extent to which post-incident programs are available to members.
(6)
added
Barriers to providing signage and advertisements for mental health resources in high-traffic areas on installations.
(7)
added
Current annual training requirements and leadership training programs for each Armed Force, including any enforcement measures.
(8)
added
Such other matters as the Inspector General determines appropriate.
(c)
changed
Additional actions by unit commanders—Report— On Not later April 30, 2027, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a routine basis, each unit commander shall—report that includes a summary of the results of the review under subsection (a).
(1)
removed
review the requirements contained in the document titled “Commander’s Critical Information Requirements”, dated January 2020, or such successor document, to ensure such requirements—
(A)
removed
have been issued or updated during the three-year period preceding any such review;
(B)
removed
reflect such medical issues or safety incidents of members of the Armed Forces that the commander deems sufficiently significant; and
(C)
removed
have been distributed to the unit under the command of such commander; and
(2)
removed
host confidential wellness meetings with subordinate commanders at which such commanders may discuss with one or more medical officers assigned to such unit any significant injuries or illnesses affecting members of the Armed Forces serving in or with such unit.
(d)
removed
Training courses— Each Secretary concerned, and the Secretary of Defense with respect to civilian personnel of the Department of Defense, shall develop and implement training courses to ensure each member of an Armed Forces under the jurisdiction of that Secretary (or each civilian employee of the Department of Defense, respectively) is aware of the importance of accountability with respect to health and welfare and of the significant negative outcomes that may occur when accountability procedures fail. Such courses shall be offered at leadership and supervisor trainings and shall include content relating to the conduct of wellness checks in accordance with subsection (a) and other related actions.
(e)
removed
Secretary concerned defined— In this section, the term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
Sec. 770
Requirements relating to wellness checks for health and welfare of certain members of the Armed Forces
(a)
added
Wellness checks—
(1)
added
Wellness checks required— The Secretary of Defense shall issue such regulations, policies, and procedures as may be necessary to require that, whenever appropriate, following a member of the Armed Forces sustaining any significant injury or illness or being on sick call, a wellness check is conducted to account for the health and welfare of such member.
(2)
added
Methods of contact— In conducting a wellness check for a member of the Armed Forces pursuant to paragraph (1), if the member does not respond to such check conducted via an electronic or telephone communication method, the individual conducting the check shall progress to an in-person method of contact.
(3)
added
Result of failure to locate— If, as a result of a wellness check conducted pursuant to paragraph (1) for a member of the Armed Forces, the individual conducting such check is unable to locate such member, the individual shall refer to the applicable regulations, policies, and procedures of the Department of Defense regarding the determination and reporting of such member as missing, absent unknown, absent without leave, or duty status whereabouts unknown.
(a)
removed
Report on implementation of recommendations— Not later than February 1, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the plan by the Secretary to implement the recommendations made by the National Academies of Sciences, Engineering, and Medicine in the report on the Department of Defense Comprehensive Autism Care Demonstration program submitted under section 737 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1800).
(b)
changed
Semiannual reports—Implementation by unit commanders— On a semiannual basis, In carrying out subsection (a), the Secretary shall submit to the Committees on Armed Services of Defense shall ensure that each unit commander coordinates with the House of Representatives and judge advocates assigned or attached to, or performing duty with, the Senate a report on unit under the Department command of Defense Comprehensive Autism Care Demonstration program, including such commander for assistance in the following implementation of any regulation, policy, or procedure required under subsection (a) with respect to the period covered by the report:such unit.
(c)
added
Additional actions by unit commanders— On a routine basis, each unit commander shall—
(1)
added
review the requirements contained in the document titled “Commander’s Critical Information Requirements”, dated January 2020, or such successor document, to ensure such requirements—
(A)
added
have been issued or updated during the three-year period preceding any such review;
(B)
added
reflect such medical issues or safety incidents of members of the Armed Forces that the commander deems sufficiently significant; and
(C)
added
have been distributed to the unit under the command of such commander; and
(2)
added
host confidential wellness meetings with subordinate commanders at which such commanders may discuss with one or more medical officers assigned to such unit any significant injuries or illnesses affecting members of the Armed Forces serving in or with such unit.
(d)
added
Training courses— Each Secretary concerned, and the Secretary of Defense with respect to civilian personnel of the Department of Defense, shall develop and implement training courses to ensure each member of an Armed Forces under the jurisdiction of that Secretary (or each civilian employee of the Department of Defense, respectively) is aware of the importance of accountability with respect to health and welfare and of the significant negative outcomes that may occur when accountability procedures fail. Such courses shall be offered at leadership and supervisor trainings and shall include content relating to the conduct of wellness checks in accordance with subsection (a) and other related actions.
(e)
added
Secretary concerned defined— In this section, the term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
(1)
removed
The total number of children receiving applied behavior analysis services under the program.
(2)
removed
The total average wait time for such children, listed by the State in which such services are provided and calculated based on the date of the diagnosis of autism and the date on which such services are first provided.
(3)
removed
The number of new referrals for such services.
(4)
removed
The number of providers accepting new patients for such services.
(5)
removed
The number of providers who no longer accept new patients for such services.
(6)
removed
The average number of treatment sessions required by such children.
Sec. 771
Reports on Department of Defense Comprehensive Autism Care Demonstration program
(a)
changed
Recommendations—Report on implementation of recommendations— —Not later than February 1, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the plan by the Secretary to implement the recommendations made by the National Academies of Sciences, Engineering, and Medicine in the report on the Department of Defense Comprehensive Autism Care Demonstration program submitted under section 737 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1800).
(1)
removed
Requirement— Each Secretary concerned shall develop recommendations to improve the transition of medics under the jurisdiction of the Secretary concerned into the civilian workforce in health care occupations, including as certified nurse aides, licensed practical nurses, or medical assistants.
(2)
removed
Considerations— In carrying out paragraph (1), the Secretary concerned shall—
(A)
removed
identify any barriers—
(i)
removed
to improving the ability of the Secretary concerned to determine and communicate how the military medic credentials and experience of a medic separating from the Armed Forces translate to credentialed civilian employment in health care occupations;
(ii)
removed
that exist to the standardization among the Armed Forces of military medic credentials and experience and the alignment of such credentials and experience to credentialed civilian employment in health care occupations;
(iii)
removed
that exist to ensuring members of the Armed Forces with military medic credentials and experience have earned the equivalent civilian credential prior to separation from the Armed Forces in addition to receiving their military credentials;
(iv)
removed
to the increased establishment and uptake of accelerated or bridge programs to assist separating members of the Armed Forces in translating military credentials and experience into civilian health care credentials and employment;
(v)
removed
to increasing the availability and accessibility of preparatory activities under the SkillBridge program established under section 1143(e) of title 10, United States Code, in the health care sector for members of the Armed Forces preparing for separation, to include—
(I)
removed
the approval timeline for separating members to participate in SkillBridge programs in the health care sector; and
(II)
removed
requirements to return to their duty station for out-processing; and
(vi)
removed
to providing information on civilian health care credentials and employment under the Transition Assistance Program to medics separating from the Armed Forces, including information on State-by-State licensing and credentialing; and
(B)
removed
consider the potential effects of—
(i)
removed
clarification by States through legislation, actions of State licensing boards, or actions of State credentialing boards of the civilian equivalents of certain military credentials and experience in health care;
(ii)
removed
implementation, including through State-provided incentives, of accelerated programs to bridge military medic credentials and experience with civilian health care credentials and licenses;
(iii)
removed
financial support or incentives by States to increase the availability and accessibility of such programs;
(iv)
removed
requiring the military departments to align military health care credentials with civilian equivalents; and
(v)
removed
requiring the Department of Veterans Affairs and the Department of Labor to track and report the number of separated members of the Armed Forces with health care-related military credentials and experience who continue in the civilian health care sector, including the type of employment they pursue.
(3)
removed
Consultation— The Secretaries concerned shall carry out paragraph (1) in consultation with each of the States (through the Defense-State Liaison Office of the Department of Defense), the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Labor.
(b)
changed
Report—Semiannual reports— Not later than 180 days after the date of the enactment of this Act, On a semiannual basis, the Secretary concerned shall submit to the appropriate congressional committees Committees on Armed Services of the House of Representatives and the Senate a report containing—on the Department of Defense Comprehensive Autism Care Demonstration program, including the following with respect to the period covered by the report:
(1)
changed
the recommendations developed The total number of children receiving applied behavior analysis services under subsection (a); andthe program.
(2)
changed
a plan to implement those recommendations.The total average wait time for such children, listed by the State in which such services are provided and calculated based on the date of the diagnosis of autism and the date on which such services are first provided.
(3)
added
The number of new referrals for such services.
(4)
added
The number of providers accepting new patients for such services.
(5)
added
The number of providers who no longer accept new patients for such services.
(6)
added
The average number of treatment sessions required by such children.
(c)
removed
Definitions— In this section:
(1)
removed
The term appropriate congressional committees means the following:
(A)
removed
The Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.
(B)
removed
The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Veterans’ Affairs of the Senate.
(2)
removed
The term medic means a member of the Armed Forces acting in a clinical health care-related occupation while serving in the Armed Forces.
(3)
removed
The term Secretary concerned means—
(A)
removed
the Secretary of Defense, with respect to matters concerning the Department of Defense; and
(B)
removed
the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
(4)
removed
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands that have a Defense-State Liaison Office.
(5)
removed
The term Transition Assistance Program means the program of the Department of Defense for pre-separation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
Sec. 772
Transition of medics to civilian workforce
(a)
changed
Plan—Recommendations— 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 covered Armed Forces and the mental health services provided to such members.—
(1)
added
Requirement— Each Secretary concerned shall develop recommendations to improve the transition of medics under the jurisdiction of the Secretary concerned into the civilian workforce in health care occupations, including as certified nurse aides, licensed practical nurses, or medical assistants.
(2)
added
Considerations— In carrying out paragraph (1), the Secretary concerned shall—
(A)
added
identify any barriers—
(i)
added
to improving the ability of the Secretary concerned to determine and communicate how the military medic credentials and experience of a medic separating from the Armed Forces translate to credentialed civilian employment in health care occupations;
(ii)
added
that exist to the standardization among the Armed Forces of military medic credentials and experience and the alignment of such credentials and experience to credentialed civilian employment in health care occupations;
(iii)
added
that exist to ensuring members of the Armed Forces with military medic credentials and experience have earned the equivalent civilian credential prior to separation from the Armed Forces in addition to receiving their military credentials;
(iv)
added
to the increased establishment and uptake of accelerated or bridge programs to assist separating members of the Armed Forces in translating military credentials and experience into civilian health care credentials and employment;
(v)
added
to increasing the availability and accessibility of preparatory activities under the SkillBridge program established under section 1143(e) of title 10, United States Code, in the health care sector for members of the Armed Forces preparing for separation, to include—
(I)
added
the approval timeline for separating members to participate in SkillBridge programs in the health care sector; and
(II)
added
requirements to return to their duty station for out-processing; and
(vi)
added
to providing information on civilian health care credentials and employment under the Transition Assistance Program to medics separating from the Armed Forces, including information on State-by-State licensing and credentialing; and
(B)
added
consider the potential effects of—
(i)
added
clarification by States through legislation, actions of State licensing boards, or actions of State credentialing boards of the civilian equivalents of certain military credentials and experience in health care;
(ii)
added
implementation, including through State-provided incentives, of accelerated programs to bridge military medic credentials and experience with civilian health care credentials and licenses;
(iii)
added
financial support or incentives by States to increase the availability and accessibility of such programs;
(iv)
added
requiring the military departments to align military health care credentials with civilian equivalents; and
(v)
added
requiring the Department of Veterans Affairs and the Department of Labor to track and report the number of separated members of the Armed Forces with health care-related military credentials and experience who continue in the civilian health care sector, including the type of employment they pursue.
(3)
added
Consultation— The Secretaries concerned shall carry out paragraph (1) in consultation with each of the States (through the Defense-State Liaison Office of the Department of Defense), the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Labor.
(b)
changed
Elements—Report— The plan under subsection (a) Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall include submit to the following:appropriate congressional committees a report containing—
(1)
changed
Developing and enforcing uniform protocols with respect to—the recommendations developed under subsection (a); and
(A)
removed
the regulations prescribed for the self-initiated referral process under section 1090b(e) of title 10, United States Code, for members of the covered Armed Forces seeking mental health evaluations;
(B)
removed
the provision of information, including through workplace posters, flyers, and advertisements, to ensure members are aware of such referral process.
(2)
changed
Standardized mental health training for members of the covered Armed Forces, including—a plan to implement those recommendations.
(A)
removed
specialized training for commanders, senior enlisted leaders, and medical personnel on identifying and addressing mental health concerns;
(B)
removed
the development of a certification process based on completion of training with documented proof of compliance;
(C)
removed
how to respond when a member initiates the referral process under section 1090b(e) of title 10, United States Code; and
(D)
removed
how to recognize signs indicating mental health distress.
(c)
changed
Covered Armed Forces defined—Definitions— In this section, the term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and Space Force.section:
(1)
added
The term appropriate congressional committees means the following:
(A)
added
The Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.
(B)
added
The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Veterans’ Affairs of the Senate.
(2)
added
The term medic means a member of the Armed Forces acting in a clinical health care-related occupation while serving in the Armed Forces.
(3)
added
The term Secretary concerned means—
(A)
added
the Secretary of Defense, with respect to matters concerning the Department of Defense; and
(B)
added
the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
(4)
added
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands that have a Defense-State Liaison Office.
(5)
added
The term Transition Assistance Program means the program of the Department of Defense for pre-separation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
Sec. 773
Strategic plan to address mental health of certain members of the Armed Forces
(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 covered Armed Forces and the mental health services provided to such members.
removed
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Committees on Armed Services of the House of Representatives and the Senate and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing on—
(b)
changed
Elements— the status and any preliminary findings of ongoing studies on cancer incidence rates among members of The plan under subsection (a) shall include the Armed Forces and veterans, including—following:
(A)
removed
the results of and remedial actions taken following the study conducted by the Secretary of Defense on aircrew members of rotary-wing aircraft under section 736 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 935); and
(1)
changed
the results of and remedial actions taken following the completion of the study conducted by the Secretary of Veterans Affairs relating to fixed-wing aviators and associated ground crew pursuant to title V of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117–168) Developing and subsequent related directives;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 covered 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 covered 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.
(c)
changed
Covered Armed Forces defined— the incidence and prevalence of prostate cancer among members of In this section, the term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and veterans, including any identified elevated risks within specific occupational specialties;Space Force.
(3)
removed
an assessment of emerging and advanced prostate cancer screening, diagnostic, and prognostic technologies, including those that are less invasive and capable of determining cancer aggressiveness;
(4)
removed
the extent to which such technologies are currently available within the military health system and the health care system of the Department of Veterans Affairs; and
(5)
removed
a plan, including timelines and resource requirements, to evaluate and, as appropriate, implement such technologies within the military health system and the health care system of the Department of Veterans Affairs.
Sec. 774
Briefing on prostate cancer incidence and emerging diagnostic technologies
added
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Committees on Armed Services of the House of Representatives and the Senate and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing on—
(1)
added
the status and any preliminary findings of ongoing studies on cancer incidence rates among members of the Armed Forces and veterans, including—
(a)
removed
Comptroller General audits—
(1)
removed
Requirement— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct audits of—
(A)
removed
data reported by the contractor responsible for the administration of the pharmacy benefits program relating to—
(i)
removed
rates of reimbursement and any price concessions;
(ii)
removed
any discrepancies between average reimbursements to various types of pharmacies disaggregated by retail, mail order, specialty pharmacies, and any pharmacy owned by or affiliated with such contractor; and
(iii)
removed
the difference between what the contractor charges the TRICARE program for a pharmaceutical agent and what the contractor pays to pharmacies for the same pharmaceutical agent, disaggregated by retail, mail order, and specialty pharmacies;
(B)
removed
prior authorizations required by the TRICARE program for prescription drug treatments and services;
(C)
removed
the timeliness of dispensing prescription drugs from the various types of pharmacies, disaggregated by retail, mail order, and specialty pharmacies; and
(D)
removed
the adequacy of the retail pharmacy network under the TRICARE program and access by eligible covered beneficiaries to such network, including with respect to continuity of care, geographic accessibility (taking into account factors in addition to travel time to and from a pharmacy, with special consideration for rural and underserved areas), and the extent to which elections by such beneficiaries reflect personal preference; and
(2)
removed
Briefing— Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the audits under paragraph (1).
(3)
removed
Report— Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report with the results the audits under paragraph (1).
(b)
removed
Access to information—
(A)
changed
In general— As a condition of administering the pharmacy benefits program on results of and after remedial actions taken following the date of study conducted by the enactment Secretary of this Act, and notwithstanding any other provision Defense on aircrew members of law, or any contract, subcontract, agreement, or confidentiality provision to the contrary, the contractor responsible for administering the pharmacy benefits program shall agree to make available to the Comptroller General any information the Comptroller General determines necessary to conduct the audits rotary-wing aircraft under subsection (a)(1) not later than 30 days after section 736 of the request National Defense Authorization Act for such information by the Comptroller General.Fiscal Year 2026 (Public Law 119–60; 139 Stat. 935); and
(B)
changed
Information To be included— Information required under paragraph (1) shall include the following:results of and remedial actions taken following the completion of the study conducted by the Secretary of Veterans Affairs relating to fixed-wing aviators and associated ground crew pursuant to title V of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117–168) and subsequent related directives;
(A)
removed
Claims-level data.
(B)
removed
Information on reimbursement methodologies and payment rates.
(C)
removed
An identification of all price concessions, including rebates, fees, discounts, and remuneration of any kind from manufacturers, pharmacies, or other entities.
(D)
removed
Information on amounts charged to the Department of Defense and amounts paid to pharmacies for the same drug.
(E)
removed
Contracts, subcontracts, and other arrangements with manufacturers, pharmacies, or third parties relevant to the administration of the pharmacy benefits program.
(3)
removed
Prohibition on withholding of information— Information required to be provided under this paragraph may not be withheld, redacted, or limited on the basis of claims relating to proprietary information, trade secrets, or confidential commercial information, except that the Comptroller General shall protect such information from public disclosure in accordance with applicable law.
(4)
removed
Form, detail, and frequency— The Comptroller General may determine the form, level of detail, and frequency of data submissions required under paragraph (1).
(2)
changed
Assessment of impact— If any audit conducted under subsection (a)(1) finds that reimbursement rates paid to retail pharmacies under the pharmacy benefits program are, on average or in a systemic manner, less than the documented acquisition cost to such pharmacies for outpatient prescription drugs covered by such audit, the Comptroller General shall include in the report on such audit under subsection (a)(2) an assessment incidence and prevalence of the impact prostate cancer among members of such reimbursement rates on retail pharmacy participation, beneficiary access, network adequacy, the Armed Forces and continuity of care.veterans, including any identified elevated risks within specific occupational specialties;
(3)
changed
Access metrics— In conducting oversight of the pharmacy benefit program, the Secretary an assessment of Defense shall ensure emerging and advanced prostate cancer screening, diagnostic, and prognostic technologies, including those that measures are less invasive and capable of access to such program include—determining cancer aggressiveness;
(1)
removed
continuity of care and beneficiary preference, including the ability of beneficiaries to remain with their pharmacy of choice; and
(2)
removed
meaningful geographic access standards beyond drive-time calculations, with special consideration for rural and underserved areas.
(4)
changed
Report— Not later than 90 days after the date of extent to which such technologies are currently available within the enactment of this Act, military health system and the Secretary health care system of Defense shall submit to the congressional defense committees a plan for the implementation Department of this section.Veterans Affairs; and
(5)
changed
Applicability to existing contracts— This section shall apply a plan, including timelines and resource requirements, to any contract, agreement, or other arrangement in effect on or after evaluate and, as appropriate, implement such technologies within the date military health system and the health care system of the enactment Department of this Act, including any contract, agreement, or arrangement entered into before such date.Veterans Affairs.
(g)
removed
Relationship to existing authority— Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General.
(h)
removed
Definitions— In this section:
(1)
removed
The terms eligible covered beneficiary, pharmaceutical agent, and prescription drug have the meanings given those terms in section 1074g of title 10, United States Code.
(2)
removed
The term pharmacy benefits program means the pharmacy benefit program of the TRICARE program under section 1074g of title 10, United States Code.
(3)
removed
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 775
Assessment of access, fairness, and transparency under TRICARE pharmacy benefits program
(a)
added
Comptroller General audits—
(1)
added
Requirement— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct audits of—
(A)
added
data reported by the contractor responsible for the administration of the pharmacy benefits program relating to—
(i)
added
rates of reimbursement and any price concessions;
(ii)
added
any discrepancies between average reimbursements to various types of pharmacies disaggregated by retail, mail order, specialty, and long-term care pharmacies, and any pharmacy owned by or affiliated with such contractor; and
(iii)
added
the difference between what the contractor charges the TRICARE program for a pharmaceutical agent and what the contractor pays to pharmacies for the same pharmaceutical agent, disaggregated by retail, mail order, specialty, and long-term care pharmacies;
(B)
added
prior authorizations required by the TRICARE program for prescription drug treatments and services;
(C)
added
the timeliness of dispensing prescription drugs from the various types of pharmacies, disaggregated by retail, mail order, specialty, and long-term care pharmacies; and
(D)
added
the adequacy of the retail pharmacy network under the TRICARE program and access by eligible covered beneficiaries to such network, including with respect to continuity of care, geographic accessibility (taking into account factors in addition to travel time to and from a pharmacy, with special consideration for rural and underserved areas), and the extent to which elections by such beneficiaries reflect personal preference; and
(2)
added
Briefing— Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the audits under paragraph (1).
(3)
added
Report— Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report with the results the audits under paragraph (1).
(b)
added
Access to information—
(1)
added
In general— As a condition of administering the pharmacy benefits program on and after the date of the enactment of this Act, and notwithstanding any other provision of law, or any contract, subcontract, agreement, or confidentiality provision to the contrary, the contractor responsible for administering the pharmacy benefits program shall agree to make available to the Comptroller General any information the Comptroller General determines necessary to conduct the audits under subsection (a)(1) not later than 30 days after the request for such information by the Comptroller General.
(a)
removed
Report— Not later than 270 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the congressional defense committees a report on the feasibility of establishing a pilot program that establishes a behavioral neurology fellowship program to provide training opportunities with respect to treating members of the Armed Forces and veterans with traumatic brain injuries, particularly regarding the intersection of behavior and traumatic brain injury.
(b)
removed
Matters included— The report on the potential pilot program under subsection (a) shall include the following:
(2)
changed
Information To be included— The feasibility of the pilot program meeting Information required under paragraph (1) shall include the requirements described in subsection (c).following:
(A)
added
Claims-level data.
(B)
added
Information on reimbursement methodologies and payment rates.
(C)
added
An identification of all price concessions, including rebates, fees, discounts, and remuneration of any kind from manufacturers, pharmacies, or other entities.
(D)
added
Information on amounts charged to the Department of Defense and amounts paid to pharmacies for the same drug.
(E)
added
Contracts, subcontracts, and other arrangements with manufacturers, pharmacies, or third parties relevant to the administration of the pharmacy benefits program.
(3)
changed
Prohibition on withholding of information— An evaluation Information required to be provided under this paragraph may not be withheld, redacted, or limited on the basis of potential locations at which claims relating to carry out proprietary information, trade secrets, or confidential commercial information, except that the pilot program.Comptroller General shall protect such information from public disclosure in accordance with applicable law.
(4)
added
Form, detail, and frequency— The Comptroller General may determine the form, level of detail, and frequency of data submissions required under paragraph (1).
(c)
changed
Requirements described—Assessment of impact— The requirements described If any audit conducted under subsection (a)(1) finds that reimbursement rates paid to retail pharmacies under the pharmacy benefits program are, on average or in this a systemic manner, less than the documented acquisition cost to such pharmacies for outpatient prescription drugs covered by such audit, the Comptroller General shall include in the report on such audit under subsection are (a)(2) an assessment of the following:impact of such reimbursement rates on retail pharmacy participation, beneficiary access, network adequacy, and continuity of care.
(d)
added
Access metrics— In conducting oversight of the pharmacy benefit program, the Secretary of Defense shall ensure that measures of access to such program include—
(1)
added
continuity of care and beneficiary preference, including the ability of beneficiaries to remain with their pharmacy of choice; and
(2)
added
meaningful geographic access standards beyond drive-time calculations, with special consideration for rural and underserved areas.
(e)
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of this section.
(f)
added
Applicability to existing contracts— This section shall apply to any contract, agreement, or other arrangement in effect on or after the date of the enactment of this Act, including any contract, agreement, or arrangement entered into before such date.
(g)
added
Relationship to existing authority— Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General.
(h)
added
Definitions— In this section:
(1)
added
The terms eligible covered beneficiary, pharmaceutical agent, and prescription drug have the meanings given those terms in section 1074g of title 10, United States Code.
(2)
added
The term pharmacy benefits program means the pharmacy benefit program of the TRICARE program under section 1074g of title 10, United States Code.
(3)
added
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
(1)
removed
The pilot program would include two individuals selected for a one-year clinical fellowship program under the pilot program.
(2)
removed
An individual may hold a fellowship under the pilot program if the individual—
(A)
removed
holds a Doctor of Medicine or Doctor of Osteopathy from any medical school accredited by the Liaison Committee on Medical Education; and
(B)
removed
before participating in the fellowship program, has completed a residency program in neurology or psychiatry at an institution accredited by the Accreditation Council for Graduate Medical Education.
(3)
removed
An individual would not be required to be board certified to hold a fellowship under the pilot program.
(4)
removed
The pilot program would be carried out in a manner that seeks to allow an individual, upon completion of the fellowship program, to sit for board certification in behavioral neurology and neuropsychiatry offered by the United Council for Neurologic Subspecialties.
(5)
removed
The fellowship program would be accredited.
Sec. 776
Report on feasibility of pilot program on behavioral neurology fellowships
(a)
changed
Study—Report— The Comptroller General of Not later than 270 days after the United States shall conduct a study on date of the sufficiency enactment of this Act, the Department Director of the Defense Reserve Component dental program in supporting Health Agency shall submit to the medical readiness and deployability congressional defense committees a report on the feasibility of establishing a pilot program that establishes a behavioral neurology fellowship program to provide training opportunities with respect to treating members of the reserve components.Armed Forces and veterans with traumatic brain injuries, particularly regarding the intersection of behavior and traumatic brain injury.
(b)
changed
Elements—Matters included— The study report on the potential pilot program under subsection (a) shall include, at a minimum, include the following:
(1)
changed
An assessment The feasibility of the extent to which current annual benefit caps, including the $1,500 coverage limit under the TRICARE Dental Program, contribute to dental nondeployability among members of pilot program meeting the reserve components.requirements described in subsection (c).
(2)
changed
An evaluation of potential locations at which to carry out the relationship between out-of-pocket dental costs and delays in obtaining necessary dental care required for deployment readiness.pilot program.
(3)
removed
An analysis of the extent to which dental readiness requirements impose a financial burden on members of the reserve components, including whether such requirements function as an unfunded mandate on individual members.
(4)
removed
A review of the findings of section 707 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2652) and an assessment of remaining gaps in data regarding dental readiness and benefit sufficiency.
(5)
removed
An identification and evaluation of targeted, cost-effective policy options to improve dental readiness among members of the reserve components, including—
(A)
removed
adjustments to annual benefit caps;
(B)
removed
coverage of readiness-related dental procedures not currently included under existing plans;
(C)
removed
alternative models for delivering dental care to reservists; and
(D)
removed
any other mechanisms the Comptroller General determines appropriate to reduce cost-related barriers to deployability.
(6)
removed
An assessment of the potential effects of such policy options on—
(A)
removed
overall force readiness and deployability;
(B)
removed
recruitment and retention within the reserve components; and
(C)
removed
cost to the Department of Defense.
(c)
changed
Briefing—Requirements described— Not later than 180 days after the date of the enactment of The requirements described in this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary observations and emerging findings of the study under subsection (a).are the following:
(1)
added
The pilot program would include two individuals selected for a one-year clinical fellowship program under the pilot program.
(2)
added
An individual may hold a fellowship under the pilot program if the individual—
(A)
added
holds a Doctor of Medicine or Doctor of Osteopathy from any medical school accredited by the Liaison Committee on Medical Education; and
(B)
added
before participating in the fellowship program, has completed a residency program in neurology or psychiatry at an institution accredited by the Accreditation Council for Graduate Medical Education.
(3)
added
An individual would not be required to be board certified to hold a fellowship under the pilot program.
(4)
added
The pilot program would be carried out in a manner that seeks to allow an individual, upon completion of the fellowship program, to sit for board certification in behavioral neurology and neuropsychiatry offered by the United Council for Neurologic Subspecialties.
(5)
added
The fellowship program would be accredited.
Sec. 777
Government Accountability Office study on reserve component dental readiness and benefit sufficiency
(a)
changed
In general—Study— The Assistant Secretary Comptroller General of Defense for Health Affairs, in consultation with the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, United States shall seek to enter into an agreement with conduct a study on the Executive Officer sufficiency of the National Academy of Sciences, Engineering, and Medicine for a review Department of Defense Reserve Component dental program in supporting the occupational health medical readiness and safety conditions deployability of covered operational facilities.members of the reserve components.
(b)
changed
Elements— The review required by study under subsection (a) shall include include, at a minimum, the following:
(1)
changed
An independent review assessment of the methodology and findings of extent to which current annual benefit caps, including the Missile Community Cancer Study conducted by $1,500 coverage limit under the Air Force Medical Service and Air Force Global Strike Command.TRICARE Dental Program, contribute to dental nondeployability among members of the reserve components.
(2)
changed
An independent assessment evaluation of occupational hazards, covered toxic substances, and operational activities associated with the LGM–30G Minuteman III intercontinental ballistic missile system that accounts for—relationship between out-of-pocket dental costs and delays in obtaining necessary dental care required for deployment readiness.
(A)
removed
enclosed space dynamics;
(B)
removed
ventilation inefficiencies; and
(C)
removed
limited fresh air exchange rates.
(3)
changed
An independent case-controlled retrospective study analysis of cancer incidence rates among—the extent to which dental readiness requirements impose a financial burden on members of the reserve components, including whether such requirements function as an unfunded mandate on individual members.
(A)
removed
Minuteman III missile launch officers and support personnel; compared to
(B)
removed
a group of members of the Air Force with—
(i)
removed
a substantially similar demographic makeup to the group of launch officers and support personnel included in the study;
(ii)
removed
responsibilities that are not associated with the Minuteman III system; and
(iii)
removed
a low potential for occupational exposure to covered toxic substances, as determined by Air Force Specialty Code and occupational duties.
(4)
changed
A comparative evaluation review of the suitability and effectiveness of historic versus current year environmental surveillance policies, procedures, and technologies findings of the Department section 707 of the Air Force James M. Inhofe National Defense Authorization Act for covered operational facilities used to detect exposure to covered toxic substances Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2652) and occupational hazards, including—an assessment of remaining gaps in data regarding dental readiness and benefit sufficiency.
(B)
removed
groundwater and drinking water contamination;
(C)
removed
ventilation systems and particulate matter accumulation; and
(D)
removed
residual contamination associated with confined operational environments.
(5)
changed
An evaluation of the suitability and effectiveness of policies, procedures, identification and technologies of the Department evaluation of the Air Force to prevent occupational hazards, and reduce exposure targeted, cost-effective policy options to covered toxic substances, associated with improve dental readiness among members of the Minuteman III system reserve components, including—
(A)
changed
personal protective equipment;adjustments to annual benefit caps;
(B)
changed
engineering controls;coverage of readiness-related dental procedures not currently included under existing plans;
(C)
changed
environmental surveillance; alternative models for delivering dental care to reservists; and
(D)
changed
any other policies, procedures, and technologies deemed relevant.mechanisms the Comptroller General determines appropriate to reduce cost-related barriers to deployability.
(6)
changed
An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department assessment 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.effects of such policy options on—
(A)
added
overall force readiness and deployability;
(B)
added
recruitment and retention within the reserve components; and
(C)
added
cost to the Department of Defense.
(7)
removed
Recommendations of the Executive Officer with respect to—
(A)
removed
Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities—
(i)
removed
meet current occupational safety and national security requirements in effect as of the date of the enactment of this Act; and
(ii)
removed
are applied to the LGM–35A Sentinel intercontinental ballistic missile system; and
(B)
removed
potential modifications to—
(i)
removed
the current design and operation of the LGM–30G Minuteman III intercontinental ballistic missile system; and
(ii)
removed
the future design and operation of the Sentinel system.
(c)
changed
Information and clearances—Briefing— The Secretary of Defense shall ensure that personnel of Not later than 180 days after the National Academy date of Sciences, Engineering, and Medicine supervising the implementation enactment of this Act, the agreement required by subsection (a), or conducting Comptroller General shall provide to the review required by such subsection, are granted, in congressional defense committees a timely manner, access to briefing on the information preliminary observations and security clearances necessary to carry out such review.emerging findings of the study under subsection (a).
(d)
removed
Report required—
(1)
removed
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)
removed
Form— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e)
removed
Definitions— In this section:
(1)
removed
The term covered operational facilities mean physical structures and work environments associated with the LGM–30G Minuteman III intercontinental ballistic missile system, including—
(A)
removed
launch control facilities;
(B)
removed
launch facilities;
(C)
removed
missile alert facilities; and
(D)
removed
other associated facilities.
(2)
removed
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)
removed
polychlorinated biphenyls;
(D)
removed
combustion byproducts associated with burning classified materials, accelerants, and industrial solvents;
(E)
removed
volatile organic compounds (VOCs), including VOCs from cleaning and maintenance chemicals;
(F)
removed
radon and naturally occurring radioactive materials in subterranean facilities;
(G)
removed
hydrogen cyanide, hydrazine, ethylene glycol, and sodium chromate;
(H)
removed
pesticides and herbicides from facility perimeters and surrounding agricultural runoff;
(J)
removed
other chemical compounds or elements associated with the LGM–30G Minuteman III intercontinental ballistic missile system or covered operational facilities.
Sec. 778
Review of the occupational health and safety conditions of operational facilities associated with the LGM–30G Minuteman III intercontinental ballistic missile system
(a)
changed
Continued evaluation required—In general— The Assistant Secretary of Defense shall ensure for Health Affairs, in consultation with the sustained collection and analysis Assistant Secretary of beneficiary experience data necessary Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall seek to support enter into an agreement with the ongoing evaluation Executive Officer of the TRICARE program in meeting National Academy of Sciences, Engineering, and Medicine for a review of the goals of—occupational health and safety conditions of covered operational facilities.
(1)
removed
increasing access to health care for covered beneficiaries under chapter 55 of title 10, United States Code;
(2)
removed
improving the quality of health care provided to covered beneficiaries; and
(3)
removed
informing oversight of the performance of the military health system.
(b)
changed
Elements of evaluation—Elements— The evaluation under review required by subsection (a) shall include an assessment of each of the following:
(1)
changed
The impact of the TRICARE program on members An independent review of the covered Armed Forces methodology and the dependents of such members, retirees findings of the covered Armed Forces and the dependents of such retirees, and dependents with severe disabilities and chronic health care needs of members of Missile Community Cancer Study conducted by the covered Armed Forces serving on active duty regarding access, costs, quality, Air Force Medical Service and beneficiary experience.Air Force Global Strike Command.
(2)
changed
Barriers affecting beneficiary utilization An independent assessment of military medical treatment facilities occupational hazards, covered toxic substances, and factors influencing operational activities associated with the use of purchased care in lieu of direct care.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)
changed
Patient safety, quality of care, and access to care at military medical treatment facilities, including appointment wait times, beneficiary satisfaction, and comparison to the access standards of the Department An independent case-controlled retrospective study of Defense.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)
changed
Trends in beneficiary experience A comparative evaluation of the suitability and access to care over time through effectiveness of historic versus current year environmental surveillance policies, procedures, and technologies of the use Department of longitudinal population-level data collection methodologies.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)
changed
Submission—Information and clearances— The Secretary of Defense shall submit to the Committees on Armed Services ensure that personnel of the House National Academy of Representatives Sciences, Engineering, and the Senate Medicine supervising the results implementation of each evaluation under the agreement required by subsection (a).(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.
(d)
removed
Continuity of data collection— The Secretary of Defense shall ensure that any transition or modification to beneficiary experience survey methodologies does not result in a lapse in the collection, analysis, or reporting of population-level beneficiary experience data necessary to support the evaluation, performance assessment, and reporting requirements, of the military health system.
(e)
changed
Covered Armed Force—Definitions— In this section:
(1)
changed
The term covered Armed Force means the Army, Navy, Air Force, Marine Corps, operational facilities mean physical structures and Space Force.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)
changed
The term covered beneficiary toxic substances means a covered beneficiary, as defined in section 1072 of title 10, United States Code, who is contaminants and other risk factors that pose a beneficiary by reason of the service by significant health risk to an individual when inhaled, ingested, absorbed by, or in a covered Armed Force.close proximity to, the individual, including—
(C)
added
polychlorinated biphenyls;
(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.
(3)
removed
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 779
Continued evaluation of the TRICARE program through beneficiary experience surveys
(a)
added
Continued evaluation required— The Secretary of Defense shall ensure the sustained collection and analysis of beneficiary experience data necessary to support the ongoing evaluation of the TRICARE program in meeting the goals of—
(1)
added
increasing access to health care for covered beneficiaries under chapter 55 of title 10, United States Code;
(2)
added
improving the quality of health care provided to covered beneficiaries; and
(3)
added
informing oversight of the performance of the military health system.
(b)
added
Elements of evaluation— The evaluation under subsection (a) shall include an assessment of each of the following:
(1)
added
The impact of the TRICARE program on members of the covered Armed Forces and the dependents of such members, retirees of the covered Armed Forces and the dependents of such retirees, and dependents with severe disabilities and chronic health care needs of members of the covered Armed Forces serving on active duty regarding access, costs, quality, and beneficiary experience.
(2)
added
Barriers affecting beneficiary utilization of military medical treatment facilities and factors influencing the use of purchased care in lieu of direct care.
(3)
added
Patient safety, quality of care, and access to care at military medical treatment facilities, including appointment wait times, beneficiary satisfaction, and comparison to the access standards of the Department of Defense.
(4)
added
Trends in beneficiary experience and access to care over time through the use of longitudinal population-level data collection methodologies.
(c)
added
Submission— The Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate the results of each evaluation under subsection (a).
(d)
added
Continuity of data collection— The Secretary of Defense shall ensure that any transition or modification to beneficiary experience survey methodologies does not result in a lapse in the collection, analysis, or reporting of population-level beneficiary experience data necessary to support the evaluation, performance assessment, and reporting requirements, of the military health system.
(e)
added
Covered Armed Force— In this section:
(1)
added
The term covered Armed Force means the Army, Navy, Air Force, Marine Corps, and Space Force.
(2)
added
The term covered beneficiary means a covered beneficiary, as defined in section 1072 of title 10, United States Code, who is a beneficiary by reason of the service by an individual in a covered Armed Force.
(3)
added
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
removed
The Secretary of Defense may not include legally available peptides on the prohibited dietary supplement ingredients list established pursuant to Department of Defense Instruction 6130.06, or any other similar list of substances that are prohibited for use by a member of the Armed Forces without a medical exemption, if the member of the Armed Forces obtains and uses such peptides in a manner that is lawful in the location of the member.
Sec. 780
Removal of peptides from prohibited performance enhancing substances list
added
The Secretary of Defense may not include legally available peptides on the prohibited dietary supplement ingredients list established pursuant to Department of Defense Instruction 6130.06, or any other similar list of substances that are prohibited for use by a member of the Armed Forces without a medical exemption, if the member of the Armed Forces obtains and uses such peptides in a manner that is lawful in the location of the member.
(a)
removed
Study— The Secretary of Defense shall conduct a comprehensive, longitudinal study to assess the long-term effects of exposure to toxic substances on the reproductive health and fertility of members of the covered Armed Forces.
(b)
removed
Elements— The study under subsection (a) shall include the following:
(1)
removed
The relationship between service in the covered Armed Forces and exposure to toxic substances.
(2)
removed
The resultant effect of exposure to toxic substances on the reproductive health and fertility of covered members of the Armed Forces.
(3)
removed
Whether certain career fields in the covered Armed Forces have a higher chance of damaging fertility.
(4)
removed
The effects of exposure to toxic substances and other mechanism on the health of children of such members.
(5)
removed
The effects of exposure to toxic substances and other mechanisms on the sex of the children of such members.
(6)
removed
The rates of infertility and reduced fertility among such members.
(7)
removed
The rates of congenital disabilities and birth defects in the children of such members.
(c)
removed
Consultation— In conducting the study subsection (a), the Secretary shall consult with—
(1)
removed
the Surgeons General of the covered Armed Forces;
(2)
removed
the Director of the Defense Health Agency; and
(3)
removed
relevant academic institutions and federally funded research and development centers with expertise in fertility and reproductive health.
(1)
removed
Initial report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate an interim report on the study under subsection (a), including any preliminary findings and recommendations.
(2)
removed
Final report— Not later than three years 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 report on the study under subsection (a), including the following:
(B)
removed
Identification of the categories of toxic substances most commonly associated with reproductive harm among members of the covered Armed Forces.
(C)
removed
A description of current research programs within the Department of Defense examining the relationship between such exposures and reproductive health.
(D)
removed
An evaluation of the extent to which members of the covered Armed Forces have access to fertility preservation services, assisted reproductive technology, and fertility services, and any gaps in access to such services, including with respect to members of the reserve components.
(E)
removed
Recommendations regarding—
(i)
removed
improvements to screening and monitoring protocols for reproductive health outcomes related to toxic exposure;
(ii)
removed
expanded access to reproductive health services and fertility treatments for members of the covered Armed Forces affected by toxic exposure; and
(iii)
removed
legislative or regulatory actions to address reproductive health effects of such exposure.
(e)
removed
Definitions— In this section:
(1)
removed
The term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and Space Force.
(2)
removed
The term toxic substances means any substance known to the Department of Defense to be toxic, hazardous, or otherwise cause negative health outcomes.
Sec. 781
Study on long-term effects of exposure to toxic substances on reproductive health and fertility
added
(a)
added
Study— The Secretary of Defense shall conduct a comprehensive, longitudinal study to assess the long-term effects of exposure to toxic substances on the reproductive health and fertility of members of the covered Armed Forces.
(b)
added
Elements— The study under subsection (a) shall include the following:
(1)
added
The relationship between service in the covered Armed Forces and exposure to toxic substances.
(2)
added
The resultant effect of exposure to toxic substances on the reproductive health and fertility of covered members of the Armed Forces.
(3)
added
Whether certain career fields in the covered Armed Forces have a higher chance of damaging fertility.
(4)
added
The effects of exposure to toxic substances and other mechanism on the health of children of such members.
(5)
added
The effects of exposure to toxic substances and other mechanisms on the sex of the children of such members.
(6)
added
The rates of infertility and reduced fertility among such members.
(7)
added
The rates of congenital disabilities and birth defects in the children of such members.
(c)
added
Consultation— In conducting the study subsection (a), the Secretary shall consult with—
(1)
added
the Surgeons General of the covered Armed Forces;
(2)
added
the Director of the Defense Health Agency; and
(3)
added
relevant academic institutions and federally funded research and development centers with expertise in fertility and reproductive health.
(1)
added
Initial report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate an interim report on the study under subsection (a), including any preliminary findings and recommendations.
(2)
added
Final report— Not later than three years 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 report on the study under subsection (a), including the following:
(B)
added
Identification of the categories of toxic substances most commonly associated with reproductive harm among members of the covered Armed Forces.
(C)
added
A description of current research programs within the Department of Defense examining the relationship between such exposures and reproductive health.
(D)
added
An evaluation of the extent to which members of the covered Armed Forces have access to fertility preservation services, assisted reproductive technology, and fertility services, and any gaps in access to such services, including with respect to members of the reserve components.
(E)
added
Recommendations regarding—
(i)
added
improvements to screening and monitoring protocols for reproductive health outcomes related to toxic exposure;
(ii)
added
expanded access to reproductive health services and fertility treatments for members of the covered Armed Forces affected by toxic exposure; and
(iii)
added
legislative or regulatory actions to address reproductive health effects of such exposure.
(e)
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 toxic substances means any substance known to the Department of Defense to be toxic, hazardous, or otherwise cause negative health outcomes.
Sec. 782
Identification of best practices relating to nutrition, fitness, and chronic disease prevention programs
added
added
The Secretary of Defense shall—
(1)
added
identify best practices relating to nutrition, fitness, and chronic disease prevention programs of the Armed Forces; and
(2)
added
share successful models for such programs throughout the Department of Defense.
Sec. 783
Report on Congressionally Directed Medical Research Programs
added
(a)
added
Report— The Secretary of Defense shall submit to the congressional defense committees, and make publicly available on the internet website of the Department of Defense, a report on the effects and transition of research funded under the Congressionally Directed Medical Research Programs.
(b)
added
Elements— The report under subsection (a) shall include the following:
(1)
added
An assessment of how research funded under the Congressionally Directed Medical Research Programs has contributed to prevention, diagnosis, treatment, rehabilitation, clinical care, operational medicine, or readiness outcomes.
(2)
added
An identification of research funded under the Congressionally Directed Medical Research Programs with near-term potential to transition into the military health system, operational use by the military departments, or broader clinical practice.
(3)
added
An assessment of barriers that may prevent promising research funded under the Congressionally Directed Medical Research Programs from reaching patients or being adopted for clinical or operational use.
(4)
added
Recommendations to improve transition pathways for research funded under the Congressionally Directed Medical Research Programs.
(c)
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex or annex with other controlled information.
Sec. 784
Funding for research on alpha-gal syndrome
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Combat and Operational Medicine Program, R&D research, as specified in the corresponding funding table in section 4501, is hereby increased by $5,000,000 for alpha-gal syndrome research.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Combat and Operational Medicine Program, R&D Advanced Development, as specified in the corresponding funding table in section 4501, is hereby reduced by $5,000,000.
Sec. 785
Medical supply chain risk identification and transparency enhancement
added
added
The Secretary of Defense shall—
(1)
added
conduct a Department-wide risk assessment of the medical supply chain of the Department;
(2)
added
develop a classified, prioritized list of high-risk critical medical products for which the United States is dependent on the People’s Republic of China for precursor elements; and
(3)
added
submit to Congress a report on the findings of the assessment and mitigation strategies, including recommendations for procurement, sourcing, and domestic manufacturing actions relating to such medical products to reduce reliance on adversarial supply chains for such products.
Sec. 786
Research and analysis on optimal protection strategies for preventing traumatic brain injury in members of the Armed Forces
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a multi-university research center focused on physics-based neutralization of threats to human tissues and organs to conduct research on understanding and preventing traumatic brain injuries in members of the Armed Forces.
(b)
added
Elements— The research conducted under subsection (a) shall seek to achieve the following:
(1)
added
Determine critical cell-based injury thresholds in the brain due to blunt, blast, or directed energy exposures.
(2)
added
Identify critical molecular injury pathways for developing a holistic understanding of brain injury and its neurodegenerative sequelae.
(3)
added
Define force and energy transmission from outside the head to the brain.
(4)
added
Define factors that influence subject-specific relative risk of injury.
(5)
added
Develop exposure monitors to predict onset of brain injury.
(6)
added
Develop countermeasure systems to optimally protect members of the Armed Forces from brain injury stemming from multimodal threats and operations in complex environments.
Sec. 787
Briefing on medical and safety resources at Edwards Air Force Base
added
added
Not later than February 1, 2027, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall provide to the congressional defense committees a briefing on the status and availability of medical and safety resources at Edwards Air Force Base for members of the Armed Forces, civilian employees of the Department of Defense, and contractor personnel. The briefing shall include the following:
(1)
added
The status of sufficient medical and safety resources.
(2)
added
Whether sufficient emergency response assets exist to support lifesaving treatment.
(3)
added
Any actions that need to be taken to improve the health and safety of such members, employees, and contractors.
Sec. 788
Improvements to pilot program on wastewater surveillance system of the Department
added
added
Section 733 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C. 1071 note) is amended—
(1)
added
in subsection (a), by inserting “or covered drugs” after “infectious diseases”;
(2)
added
in subsection (c), by striking “two-year” and inserting “five-year”; and
(3)
added
by adding at the end the following new subsection:
added
“(d) Covered drugs defined—In this section, the term “covered drugs” means any drug the Secretary determines appropriate to identify under the pilot program, such as synthetic opioids or harmful stimulants included in counterfeit pills.”
Sec. 789
Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces
added
(a)
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence the conduct of a pilot program under which the Secretary—
(1)
added
pre-downloads the Virtual Hope Box application of the Defense Health Agency, or such successor application, on the covered devices of members of the Armed Forces;
(2)
added
pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such covered devices; and
(3)
added
provides training, as part of the training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2).
(b)
added
Duration— The Secretary of Defense shall carry out the pilot program under this section for a two-year period.
(c)
added
Scope— The Secretary of Defense shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size.
(d)
added
Identification of other resources— In carrying out the pilot program under this section, the Secretary of Defense shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program.
(e)
added
Report— Not later than 30 days after the date on which the pilot program under this section terminates, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including recommendations by the Secretary relating to expanding the scope of future pilot programs to include members of the Armed Forces who do not possess covered devices.
(f)
added
Definitions— In this section:
(1)
added
The term covered device means a smart device (including a mobile phone) that is issued to an individual by the Secretary of Defense or the Secretary of an Armed Force.
(2)
added
The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.
Sec. 790
Extension of study on treatment of certain conditions using certain psychedelic substances
added
added
Section 723 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 1074 note) is amended—
(1)
added
in subsection (d), by striking “three years” and inserting “nine years”;
(2)
added
by redesignating subsection (e) as subsection (f); and
(3)
added
by inserting after subsection (d) the following new subsection:
added
“(e) Period of performance—The Secretary shall seek to extend the performance of research conducted using funding awarded under this section to September 30, 2033.”
Sec. 791
Inclusion on a website of the Department of Defense of certain information with respect to a patient booking an appointment at a military medical treatment facility
added
added
Section 1073b(b)(1) of title 10, United States Code, as amended by section 737, is further amended—
(1)
added
by striking “The Secretary” and inserting “(A) The Secretary”; and
(2)
added
by striking “Such data” and all that follows and inserting the following new subparagraph:
added
“(B) The data made available under subparagraph (A) shall include the following:
added
“(i) The core performance metrics adopted by the Secretary under section 728 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2234).
added
“(ii) The average number of days between the date an individual books an appointment at a military medical treatment facility and the date of such appointment.
added
“(iii) The percentage of referrals of an individual to another health care facility that are made not later than one business day after the date on which such individual contacted the military medical treatment facility.”
Sec. 792
Report and standards on timeliness of electronic health records during transition from the Armed Forces
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 report on the timeliness of providing members of the Armed Forces who are separating from active duty with a copy of the electronic health records of the members.
(2)
added
Elements— The report under paragraph (1) shall include the following, with respect to the one-year period preceding the date of the report:
(A)
added
The average number of days following separation from active duty for a member to receive the electronic health records of the member.
(B)
added
The most number of days a member has waited to receive such records.
(C)
added
An explanation for delays in providing members such records.
(b)
added
Standards— Not later than 270 days after the date on which the Secretary submits the report under subsection (a)(1), the Secretary shall establish standards to ensure that a member of the Armed Forces who is separating from active duty receives the electronic health records of the member within a reasonable period.
(c)
added
Reasonable period defined— In this section, the term “reasonable period”, with respect to the standards established under subsection (b), means a period that the Secretary of Defense determines appropriate after taking into account—
(1)
added
the findings of the report under subsection (a)(1); and
(2)
added
the views of members of the Armed Forces who are separating from active duty, veterans, and other individuals the Secretary determines appropriate.
Sec. 793
Assessment of noninvasive focused ultrasound technologies
added
added
The Secretary of Defense shall conduct an assessment of applications of noninvasive focused ultrasound technologies, including histotripsy, within the military health system, including an examination of—
(1)
added
opportunities to use such technologies to improve outcomes and reduce recovery times; and
(2)
added
the effect of the use of such technologies on military readiness.
Sec. 794
Study on use of routine neuroimaging modalities in diagnosis, treatment, and prevention of brain injury due to blast pressure exposure during combat and training
added
(a)
added
In general— The Secretary of Defense shall conduct a study on the feasibility and effectiveness of the use of routine neuroimaging modalities in the diagnosis, treatment, and prevention of brain injury among members of the Armed Forces due to one or more blast pressure exposures during combat and training.
(1)
added
Interim report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the methods and action plan for the study under subsection (a).
(2)
added
Final report— Not later than two years after the date on which the Secretary begins the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of such study.
Sec. 795
Report on emergency medical services capabilities at military installations
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 emergency medical services capabilities at military installation.
(b)
added
Matters included— The report under subsection (a) shall include an assessment of emergency medical services capabilities at military installations, including—
(1)
added
the number and distribution of emergency medical services response units;
(2)
added
ambulance capabilities and equipment levels;
(3)
added
staffing levels and certification levels of emergency medical personnel;
(4)
added
availability of advanced life support services;
(5)
added
integration with military medical treatment facilities and local civilian hospitals; and
(6)
added
an evaluation of systems used to track naloxone distribution, including—
(A)
added
the degree of integration of such tracking systems between emergency medical services reporting systems and medical record systems;
(B)
added
procedures for documenting naloxone administration during emergency responses; and
(C)
added
recommendations for establishing a standardized Department-wide tracking framework.
Sec. 796
Review of chaperone policies within facilities of the Defense Health Agency
added
(a)
added
Review— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall review the compliance by all facilities of the Defense Health Agency with chaperone policies required by the policy memorandum of the Defense Health Agency dated December 15, 2025, and titled “Chaperones/Standbys within Defense Health Agency Facilities” (DHA-Policy Memorandum 25-020).
(b)
added
Facilities in noncompliance— In carrying out the review under subsection (a), the Director shall—
(1)
added
identify facilities that are not in compliance with the memorandum specified in such subsection; and
(2)
added
not later than seven days after identifying a facility under paragraph (1), submit to Congress—
(A)
added
an identification of the resources needed by such facility to comply with such memorandum; and
(B)
added
information to enable Congress to verify when such facility is in compliance with such memorandum.
(c)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to Congress a report containing the following:
(1)
added
The findings of the review under subsection (a).
(2)
added
A detailed plan outlining steps the Director has taken or will take pursuant to such review, including a timeline for completion of such steps.
(3)
added
An evaluation of resourcing constraints of the Defense Health Agency in ensuring compliance with the memorandum specified under such subsection.
(4)
added
A detailed plan outlining additional formalized guidance with respect to the provision of chaperones for sensitive medical examinations to be provided through policy instructions of the Defense Health Agency.
(5)
added
A mechanism for monitoring the effectiveness of the policies contained within such memorandum on an ongoing basis, including establishing routine inspections and collecting data to assess compliance by facilities of the Defense Health Agency with such memorandum.
(6)
added
An assessment of how existing law affects the provision of chaperones for sensitive medical examinations.
(7)
added
Recommendations for changes to relevant law to more effectively implement the policies contained within such memorandum.
Sec. 812
Prohibition on acquiring, procuring, or leasing non-tactical electric vehicle components produced by child and slave labor
added
added
The Secretary of Defense may not acquire, procure, or lease non-tactical electric vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles, or any components or spare parts associated with such vehicles that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code (or any successor regulations), on the Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor.
Sec. 813
Insider threat risk assessment and voluntary guidance for certain artificial intelligence contractors
added
(a)
added
Assessment and issuance of voluntary guidance on insider threat risk reduction—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue voluntary guidance for covered artificial intelligence contractors to reduce insider threat, espionage, and other personnel-related security risks to sensitive artificial intelligence systems and associated development infrastructure.
(2)
added
Assessment and updated guidance— Not later than one year after the date of the enactment of this Act, the Secretary shall—
(A)
added
complete an assessment of the risks described in paragraph (1); and
(B)
added
update the guidance issued under such paragraph based on the findings of that assessment.
(3)
added
Contents— The guidance required under paragraph (1), including any updated guidance issued under paragraph (2)(B), shall, at a minimum—
(A)
added
identify categories of roles, functions, models, training infrastructure, and systems that warrant enhanced security measures;
(B)
added
recommend a risk-based framework based on the sensitivity of access and associated national security risks; and
(C)
added
address personnel vetting, access controls, auditing, monitoring, anomaly detection, and protection against insider threats and espionage.
(4)
added
Rule of construction— Nothing in this subsection shall be construed to require a covered artificial intelligence contractor to adopt any measure, practice, personnel policy, access restriction, or other safeguard described in the guidance issued under paragraph (1).
(5)
added
Consultation— In carrying out this subsection, the Secretary may consult with covered artificial intelligence contractors, appropriate intelligence and counterintelligence officials, appropriate elements of the Department of Defense, and other relevant experts.
(b)
added
Report to Congress—
(1)
added
In general— Not later than July 1, 2028, the Secretary of Defense shall submit to the congressional defense committees an unclassified report, which may include a classified annex, on the implementation of this section.
(2)
added
Elements— The report shall include—
(A)
added
a summary of the findings of the assessment conducted under subsection (a)(2)(A);
(B)
added
an assessment of gaps and challenges in mitigating the risks identified in such assessment;
(C)
added
a summary of the voluntary guidance issued under subsection (a), including the initial guidance and any updated guidance issued under subsection (a)(2)(B); and
(D)
added
any recommendation for additional authorities, resources, or policy the Secretary determines appropriate.
(c)
added
Definition— The term covered artificial intelligence contractor means a contractor that develops, maintains, or operates artificial intelligence systems for the Department of Defense and has access to artificial intelligence systems, models, development infrastructure, or related technical information.
Sec. 837
Procurement and use of domestic silicon anode materials
added
(a)
added
Programs for battery cells and battery systems— With respect to a program to procure, test, or approve a battery cell or battery system, the Secretary of Defense shall prioritize, to the extent feasible, the use of silicon anode materials manufactured in the United States or provided by domestic suppliers in such programs if such materials meet or enhance performance, safety, or cost requirements as set forth by the Department.
(b)
added
Procurement of battery cells and battery systems— The Secretary of Defense shall, to the maximum extent practicable, procure battery cells and battery systems incorporating silicon anode materials manufactured in the United States or provided by domestic suppliers using intellectual property developed in the United States.
(c)
added
Coordination— The Secretary of Defense shall coordinate with the Director of the Defense Logistics Agency and each Secretary of a military department to take such action as may be necessary to align procurement policies, qualification standards, and supply chain strategies for domestic production of silicon anode materials technologies and to reduce reliance on foreign-sourced silicon anode materials for battery cells and battery systems.
Sec. 838
Amendment to requirement for domestic stainless steel flatware and dinnerware
added
added
Section 842 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4862 note) is amended by striking subsection (c).
Sec. 878
Elimination of use of certain payment processing equipment, systems, or services
added
(a)
added
Review— Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall complete a review of all retailers to determine if such retailers use covered equipment, systems, or services as a substantial or essential component of the performance of a contract to provide payment processing equipment, systems, or services for the Department of Defense.
(b)
added
Guidance— Not later than 90 days after completing the review required by subsection (a), the Secretary of Defense shall issue guidance prohibiting the use of covered equipment, systems, or services by a retailer in a contract with the Department of Defense. Such policy and guidance shall direct the modification or termination of such a contract unless the retailer for such contract ceases use of covered equipment, systems, or services in a timely manner.
(c)
added
Prohibition— Effective January 1, 2027, the Secretary of Defense may not enter into a contract for payment processing equipment, systems, or services with a retailer that uses covered equipment, systems, or services as a substantial or essential component of the performance of such contract.
(d)
added
Report— Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a written report on the implementation on the requirements of this section.
(e)
added
Definitions— In this section:
(1)
added
The term country of concern means—
(C)
added
the Islamic Republic of Iran;
(D)
added
North Korea; and
(E)
added
any other country designated by the Secretary of Defense, as posing a significant risk to the national security of the United States.
(2)
added
The term covered equipment, system, or service—
(A)
added
means a payment processing equipment, system, or service for which the application processor, source code, secure processor, or secure firmware is directly or indirectly developed, manufactured, provided, owned, controlled, or operated by—
(i)
added
an entity organized under the laws of a country of concern;
(ii)
added
an entity owned or controlled by the government of a country of concern;
(iii)
added
an entity subject to the direction, jurisdiction, or control of the government, military, or intelligence services of a country of concern;
(iv)
added
any subsidiary, affiliate, or successor entity of an entity described in clauses (i) through (iii); or
(v)
added
an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected entity owned or controlled by a country of concern; and
(B)
added
includes payment processing equipment, systems, or services substantially comprised of components, software, or technology supplied by an entity described in any of clauses (i) through (v) of subparagraph (A).
(3)
added
The term electronic fund transfer—
(A)
added
means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal (as defined in section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a)), telephone, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account; and
(B)
added
includes point-of-sale transfers, automated teller machine transactions, and direct deposits or withdrawals of funds from an account.
(4)
added
The term payment processing equipment, system, or service means—
(A)
added
a card, code, or other means of access to a consumer’s account, or any combination thereof, that may be used by the consumer to initiate electronic fund transfers; or
(B)
added
an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer.
(5)
added
The term retailer has the meaning given in section 4664 of title 10, United States Code.
Sec. 879
Report on supply of rare earth materials and elements
added
added
Not later than one year after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the Interior, shall submit to Congress a report on the supply of rare earth materials and elements extracted, processed, and refined from secure sources of supply to develop and produce advanced technologies of the Department of Defense.
Sec. 880
Report on contractors seeking compensatory relief from inflation
added
(a)
added
Findings; sense of Congress—
(1)
added
Findings— Congress makes the following findings:
(A)
added
During the COVID-19 pandemic, Department of Defense contractors faced historic inflation for goods and services they provided to the Department of Defense after signing initial firm-fixed price contracts.
(B)
added
In the amendments made to Public Law 85–804 (50 U.S.C. 1431) by section 822 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) and in section 826 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4601), Congress provided increased flexibility to the Department of Defense to modify contracts to provide extraordinary relief due to the effects of inflation.
(C)
added
Despite such authority, numerous contractors still incurred increased costs for multi-year projects and seek economic price adjustments to stay solvent.
(2)
added
Sense of Congress— It is the sense of Congress that the Department of Defense should reimburse low- to mid-tier suppliers for increased production costs caused from inflation to avoid disincentivizing their participation in Government contracting.
(b)
added
Report— Not later than June 1, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the plan of the Department to rectify legal claims from contractors that seek compensatory relief from inflation.
Sec. 881
Oversight of Department of Defense compliance with certain requirements for domestic food supply chains
added
(a)
added
Audits— Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Inspector General of the Department of Defense shall conduct an audit to determine the extent of compliance with the requirements of section 4862 of title 10, United States Code, with respect to the procurement of items described in subsection (b)(1)(A) of such section.
(b)
added
Reports to Congress— Not later than 60 days after the conclusion of each audit under subsection (a), the Inspector General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of such audit.
Sec. 904
Coast Guard input to the Joint Requirements Oversight Council
added
added
Section 181(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added
“(6) Input from Commandant of Coast Guard—The Council shall seek, and strongly consider, the views of the Commandant of the Coast Guard regarding Coast Guard capabilities in support of national defense.”
Sec. 905
Eligibility of Chief of the National Guard Bureau for appointment as Chairman of the Joint Chiefs of Staff
added
added
Section 152(b)(1)(B) of title 10, United States Code, as amended by section 902 of this title, is further amended by striking “or the Commandant of the Coast Guard” and inserting “the Commandant of the Coast Guard, or the Chief of the National Guard Bureau”.
Sec. 1005
Authority to establish Joint Task Force Audit
(a)
added
In general— Section 1005 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 379; 10 U.S.C. 240a note) is amended by inserting “and for three consecutive fiscal years thereafter” after “2028”.
(b)
renumbered
was (2)
Authority to establish— In order to support the goal of achieving an unmodified financial statement audit opinion by December 31, 2028, the Secretary of Defense may establish a task force, to be known as “Joint Task Force Audit”. If the Secretary establishes the task force, the Secretary shall designate the Under Secretary of Defense (Comptroller) as the Director of the task force.
(c)
added
Responsibilities— If the Secretary establishes a task force under subsection (b), the task force shall be authorized to carry out the following responsibilities:
(1)
added
The development and oversight of the execution of the plan of the Department of Defense to achieve an unmodified financial statement audit opinion by not later than December 31, 2028, and for three consecutive fiscal years thereafter.
(b)
removed
Responsibilities— If the Secretary establishes a task force under subsection (a), the task force shall be authorized to carry out the following responsibilities:
(1)
removed
The development and oversight of the execution of the plan of the Department of Defense to achieve an unmodified financial statement audit opinion by not later than December 31, 2028.
(2)
renumbered
was (3)(4)
The approval, direction, and monitoring of performance on corrective action plans needed to obtain such an unmodified financial statement audit opinion.
(3)
renumbered
was (3)(5)
The provision of support to components of the Department in order to prioritize audit remediation and audit response activities.
(4)
renumbered
was (3)(6)
Leading and supporting engagement with the Inspector General of the Department, the Federal Accounting Standards Advisory Board, other appropriate Federal agencies, and any independent public accounting firms on matters pertaining to the audits of the financial statements of the Department.
(5)
renumbered
was (3)(7)
Coordinating with the Chief Information Officer of the Department on financial system modernization initiatives and the elimination of legacy or duplicative financial systems.
(c)
removed
Staffing— If the Secretary establishes a task force under subsection (a), the Secretary of each military department may designate a representative to serve as a Deputy Director of the task force.
(d)
changed
Reports—Staffing— If the Secretary establishes a task force under subsection (a), (b), the Secretary of each military department may designate a representative to serve as a Deputy Director of the task force shall be responsible for meeting the reporting requirements under section 240b(b) of title 10, United States Code, in a complete and timely manner.force.
(e)
added
Reports— If the Secretary establishes a task force under subsection (b), the Director of the task force shall be responsible for meeting the reporting requirements under section 240b(b) of title 10, United States Code, in a complete and timely manner.
Sec. 1007
Department of Defense spending reductions in absence of submitted financial statements or failure to achieve unqualified or qualified independent audit opinion
added
(1)
added
In general— Subject to paragraph (2), this section applies to the Department of Defense, including military departments and Defense Agencies thereof.
(2)
added
Separate applicability— If a military department or Defense Agency is identified by the Director of the Office of Management and Budget as required to have its own audited financial statement under section 3515 of title 31, United States Code, that military department and Defense Agency shall be treated separately from the Department of Defense for purposes of application of this section.
(b)
added
Adjustments for Financial Accountability—
(1)
added
In general— On March 2 of each fiscal year, the discretionary budget authority available for the Department of Defense (or a military department or Defense Agency covered by subsection (a)(2)) for such fiscal year shall be adjusted as provided in paragraph (2).
(2)
added
Adjustment— If the Department of Defense (or a military department or Defense Agency covered by subsection (a)(2)) has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Department of Defense, the military department, or the Defense Agency (as the case may be) shall be reduced by .5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (d)).
(3)
added
Minimizes national security effects— Consistent with applicable laws, the Secretary of Defense may make any reduction under paragraph (2) in a manner that minimizes any effect on national security.
(4)
added
Deficit reduction— An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction.
(c)
added
Accounts excluded— The following accounts are excluded from any reductions referred to in subsection (b)(2):
(1)
added
Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense.
(2)
added
The Defense Health Program account of the Department of Defense.
(d)
added
Waiver— The President may waive subsection (b)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are deployed in combat zones.
(e)
added
Report— Not later than 60 days after the date on which an adjustment is made under subsection (b), the Director of the Office of Management and Budget shall submit to Congress a report that includes a description of the amount and account of each adjustment.
(f)
added
Definitions— In this section:
(1)
added
The terms “financial statement” and “external independent auditor” have the meanings given those terms in section 3521(e) of title 31, United States Code.
(2)
added
The term “unqualified”, with respect to the audit status of a financial statement, includes the characterizations clean and unmodified.
(3)
added
The term “qualified”, with respect to the audit status of a financial statement, includes the characterization modified.
Sec. 1008
Other transaction authority reporting
added
added
Any project carried out by the Department of Defense using other transaction authority under section 4021 of title 10, United States Code, shall be reported in the same manner as other Department of Defense expenditures for inclusion in the searchable public website established by the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law 109–282).
Sec. 1009
Use of technology using artificial intelligence to facilitate audit of the financial statements of the Department of Defense for fiscal year 2026
added
(a)
added
Use of AI technology for audits— The Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall encourage, to the greatest extent practicable, the use of technology that uses artificial intelligence or machine learning for the purpose of facilitating audits of the financial statements of the Department of Defense.
(b)
added
Implementation of AI technology for audits— The Director of the Chief Digital and Artificial Intelligence Office of the Department, in coordination with the Under Secretary of Defense for Research and Engineering and the Inspector General of the Department, shall oversee the adoption of artificial intelligence and machine learning technologies in support of financial management and enterprise business operations.
Sec. 1035
Sense of Congress regarding naming a warship the USS Phoenix
added
added
It is the sense of Congress that the Secretary of the Navy should name one of the new warships the “USS Phoenix” as a memorial to the 1,177 members of the Armed Forces serving on the USS Arizona who were lost on December 7, 1941, in the attack on Pearl Harbor, Hawaii.
Sec. 1036
Report on transition to light-emitting diode lighting on naval vessels
added
(a)
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the plans of the Department of the Navy to transition to light-emitting diode (LED) lighting onboard naval vessels.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An assessment of the benefits LED light fixtures provide for the survivability of naval vessels relative to traditional incandescents.
(2)
added
An evaluation of existing shipboard light fixtures for which qualified LED retrofit kits are available, and an identification of fixtures for which LED retrofit kits require development.
(3)
added
A plan to transition the procurement of incandescent light bulbs by the Department to the procurement of LED retrofit kits.
(4)
added
An analysis of the production capacity of the supplier base to provide LED retrofit kits at an increased rate of supply.
(5)
added
A plan to discontinue the procurement of LED light fixtures that do not meet applicable military specifications.
Sec. 1037
Conveyance of certain retired naval vessels to State of Florida for use as offshore reefs
added
(a)
added
Conveyance— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall convey to the State of Florida all right, title, and interest of the United States in and to—
(1)
added
the U.S.S. Underwood (FFG–36), or another similar vessel from the OLIVER HAZARD PERRY–class guided missile frigates that the Secretary of the Navy has classified as “stricken”;
(2)
added
a decommissioned TICONDEROGA–class guided-missile cruiser that the Secretary of the Navy has classified as “stricken”;
(3)
added
the U.S.S. Freedom (LCS–1), the U.S.S. Independence (LCS–2), or another decommissioned littoral combat ship that the Secretary of the Navy has classified as “stricken”; or
(4)
added
the U.S.S. Fort McHenry (LSD–43) or another similar vessel from the WHIDBEY ISLAND–class dock landing ship that the Secretary of the Navy has classified as “stricken”.
(b)
added
Condition of conveyance— Any conveyance of a vessel under subsection (a) shall be subject to the condition that the State of Florida sink such vessel for use as an offshore artificial reef.
(c)
added
Conveyance at no cost to United States— Any conveyance of a vessel under subsection (a) shall be made at no cost to the United States. The full cost of such conveyance shall be borne by the State of Florida.
(d)
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with a conveyance of a vessel under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 1038
Study to evaluate alternative materials and emerging hull technologies with respect to naval vessels
added
(a)
added
Study— The Secretary of Defense shall conduct a study to evaluate the use of alternative materials and emerging hull technologies with respect to naval vessels, which shall include a determination of whether any such materials or technologies improve—
(2)
added
fuel efficiency;
(3)
added
operational readiness; or
(4)
added
resilience against extreme weather conditions.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report detailing the results of the study conducted under subsection (a).
Sec. 1039
Sense of Congress regarding naming an aircraft carrier after the United States
added
(a)
added
Findings— Congress finds the following:
(1)
added
The first USS United States was one of the original six frigates authorized by the Naval Act of 1794, launched in 1797. It saw action in the Quasi-War with France and the War of 1812.
(2)
added
In addition to the frigate, there was a proposed Civil War ironclad that never got built, and the aircraft carrier USS United States (CVA-58) was canceled in 1949.
(b)
added
Sense of Congress— It is the sense of Congress that the Secretary of the Navy should name an aircraft carrier USS United States.
Sec. 1039A
Sense of Congress on naming a future naval vessel USS Shangri-La
added
(a)
added
Findings— Congress finds the following:
(1)
added
The April 18, 1942, Doolittle Raid against the Japanese homeland was one of the most daring and consequential operations of World War II, demonstrating American resolve during a critical period of the war.
(2)
added
Following the raid, President Franklin D. Roosevelt, when asked where the aircraft had originated, famously replied that they had come from “Shangri-La”, a reference that helped protect operational security and became permanently associated with the raid and its participants.
(3)
added
The Secretary of the Navy subsequently named the aircraft carrier USS Shangri-La (CV–38), which served with distinction during World War II, the Cold War, and the Vietnam War.
(4)
added
The legacy of the Doolittle Raiders, USS Shangri-La (CV–38), and the generations of sailors and aviators who served aboard that vessel represents an enduring example of courage, innovation, and determination in the defense of the United States.
(b)
added
Sense of Congress— It is the sense of Congress that the Secretary of the Navy should give favorable consideration to naming a future naval vessel USS Shangri-La in honor of the Doolittle Raiders and the proud service of USS Shangri-La (CV–38).
Sec. 1045
Limitation on authority of Armed Forces to detain citizens of the United States
added
added
Section 1021(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 801 note) is amended, in the matter preceding paragraph (1), by inserting “, other than a citizen of the United States,” after “any person”.
Sec. 1054
Establishment of Army Information Operations Center of Excellence
(a)
Findings— Congress finds the following:
(1)
The information environment has emerged as a decisive domain of strategic competition in which adversaries of the United States operate continuously and below the threshold of armed conflict.
(2)
Components of Army information operations, including military information support operations, electronic warfare, public affairs, and cyberspace operations, remain organizationally fragmented, hindering the translation of national-level strategy into synchronized operational and tactical action.
(3)
Following the inactivation of the 1st Information Operations Command of the Army, the Department of the Army is undertaking a significant reorganization of its information operations enterprise, including the establishment of region-specific Theater Information Advantage Detachments aligned with Multi-Domain Task Forces.
(4)
A dedicated Center of Excellence would improve the translation of national-level information strategies into operational campaigns and theater-tailored tactical activities, advance doctrine, evaluate efficacy, and advocate for resourcing. It would also aid the Army during its reorganization process, facilitating coordination and resource allocation across its information operations enterprise.
(b)
Establishment— Chapter 703 of title 10, United States Code, is amended by inserting after section 7024 the following new section:
“7025. Army Information Operations Center of Excellence
“(a) Establishment—The Secretary of the Army shall operate the Army Information Operations Center of Excellence. The purpose of the Center shall be to serve as the lead organization of the Army for the integration, synchronization, and advancement of information operations across the operational and tactical levels, in support of national and combatant command objectives.
“(b) Purpose—The Center shall be used to—
“(1) Coordinate and synchronize Army information operations objectives across the geographic and functional combatant commands.
“(2) Provide training and operational planning support for information operations campaigns at the operational level.
“(3) Develop, revise, and disseminate doctrine for Army information operations, ensuring that doctrine evolves in step with on-the-ground developments and emerging threats.
“(4) Assess the efficacy of ongoing Army information operations activities and inform resourcing recommendations to senior Army leadership.
“(5) Advocate for the resourcing of critical information operations requirements within the planning, programming, budgeting, and execution process of the Army.
“(6) Integrate the activities of the components of Army information operations, including military information support operations, electronic warfare, public affairs, and cyberspace operations, to ensure that such components operate in a coordinated, mutually reinforcing manner rather than in fragmentation.
“(7) Serve as the principal liaison of the Army to comparable centers and commands of the other armed forces, including the Navy Information Operations Command, and to the information operations staff of the combatant commands.
changed
“(9) “(8) Perform such other functions as the Secretary of the Army may specify.
“(c) Annual report—The Secretary of the Army shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, an annual report on the activities of the Center.”
(c)
Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a plan for the establishment of the Center of Excellence established under section 7025 of title 10, United States Code, as added by subsection (b), including—
(1)
the proposed organizational structure, location, and reporting chain of the Center;
(2)
the resources, personnel, and authorities required to establish and sustain the Center;
(3)
a description of how the Center will integrate with the Theater Information Advantage Detachments, Multi-Domain Task Forces, and the broader reorganization of Army information operations;
(4)
milestones for initial operating capability and full operating capability; and
(5)
metrics by which the Secretary will evaluate the effectiveness of the Center.
Sec. 1071
Limitation on availability of funds for deactivation of Expeditionary Combat Aviation Brigades
(a)
Limitation— None of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2027 through 2031 for the Army may be obligated or expended to retire, deactivate, schedule to deactivate, or proceed with any other action that would reduce the capabilities, resources, training, aircraft, or personnel available, as of the date of the enactment of this Act, for the Expeditionary Combat Aviation Brigades unless the Secretary of the Army submits to the congressional defense committees—
(1)
a certification that the Secretary of the Army plans to recapitalize any such aircraft for the Expeditionary Combat Aviation Brigades and to otherwise restore any such capabilities, resources, training, or personnel levels reduced to the levels preceding such retirement, deactivation, or reduction;
(2)
the plan of the Secretary of the Army for the actions specified in paragraph (1); and
(A)
an assessment of any planned reduction of capability to Army aviation within the Army Reserve, including reductions by platform and end strength and all changes under the transformation initiative;
(B)
an assessment of the effect of such reduction on operational risk, readiness, and mission capability, taking into consideration the operational tempo and missions conducted by the Army during the five-year period preceding the date of the report;
(C)
an identification of any military construction projects delayed, modified, or canceled as a result of such reductions;
(D)
changed
an assessment of the remaining Army Reserve rotary-wing and fixed-wing aviation capacity, by platform, relative to validated mission requirements.requirements;
(E)
the scale of the divestment of the Expeditionary Combat Aviation Brigades as of the date of the enactment of this Act and the effect of such divestment on Army Reserve aviation capabilities, including the number of remaining rotary wing aircraft, by platform, required to meet mission requirements;
(F)
a detailed breakdown of options available to the members of the Armed Forces and civilian employees affected by such divestment of the Expeditionary Combat Aviation Brigades to continue service in the Armed Forces or Department of Defense, as applicable, including an identification of the number of affected members and employees by specialty;
(G)
an evaluation of the effect on State and local communities of divesting the Expeditionary Combat Aviation Brigades, including economic and workforce effects; and
(H)
a description of any strategic or scenario-based analysis or modeling used for making decisions to divest the Expeditionary Combat Aviation Brigades.
(b)
Requirement to restore—
(1)
Requirement— Not later than one year after the date of the enactment of this Act, for any Expeditionary Combat Aviation Brigade that, prior to such date of enactment, the Secretary of the Army retired or deactivated (or carried out any other activity to reduce the capabilities, resources, requisite individual or unit proficiency or qualification training, aircraft, or personnel thereof), the Secretary of the Army shall reinstate or reactivate such brigade, or otherwise restore such brigade to the levels preceding such reduction, as the case may be.
(2)
Report— Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the implementation of this subsection.
(c)
Plan required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a plan to sustain and modernize the aircraft, readiness generation capacity, maintenance infrastructure, and requisite individual and unit training associated with the Expeditionary Combat Aviation Brigades.
Sec. 1074
Strategy for countering foreign malign influence activities conducted in cognitive domain
added
(a)
added
Strategy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for identifying, assessing, and countering foreign malign influence activities conducted in the cognitive domain by foreign adversaries.
(b)
added
Elements— The strategy required under subsection (a) shall include—
(1)
added
an assessment of threats posed by disinformation, psychological operations, propaganda, and other influence activities conducted by foreign adversaries targeting members of the Armed Forces, military families, and national security interests of the United States;
(2)
added
a description of Department of Defense capabilities to counter such activities;
(3)
added
an assessment of capability gaps, organizational challenges, and resource requirements that relate to countering such activities; and
(4)
added
recommendations for improving Department efforts to identify, deter, and counter foreign malign influence activities in the cognitive domain.
(c)
added
Form— The strategy required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 1075
Disclosure of foreign gifts made to military colleges
added
added
Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
added
“2018. Military colleges: disclosures of foreign gifts
added
“(a) Disclosure report required
added
“(1) Whenever any military college receives a gift from a foreign source or enters into a covered contract, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source in a calendar year, the military college shall submit a report to the Secretary of Defense.
added
“(2)
added
“(A) Each report to the Secretary required by this subsection shall include the following:
added
“(i) With respect to gifts received from, or contracts entered into with, a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country.
added
“(ii) With respect to gifts received from, or contracts entered into with, a foreign government, the aggregate amount of such gifts and contracts received from such foreign government.
added
“(B) For purposes of subparagraph (A), the country to which a gift is attributable is—
added
“(i) with respect to a foreign source who is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and
added
“(ii) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located.
added
“(3) Each report required under paragraph (1) shall be submitted to the Secretary not later than the earlier of the January 31 or July 31 immediately following the receipt of the gift or the entering into of the covered contract that causes a report to be required to be submitted under paragraph (1).
added
“(b) Additional disclosures for restricted and conditional gifts—Not later than 30 days after the date on which a military college receives a restricted or conditional gift or contract from a foreign source, the military college shall submit a report to the Secretary containing the following:
added
“(1) For a restricted or conditional gift or contract involving a foreign source other than a foreign government—
added
“(A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, and a description of the conditions or restrictions on the gift or contract;
added
“(B) with respect to a foreign source that is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and
added
“(C) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located.
added
“(2) For a restricted or conditional gift or contract involving a foreign source that is a foreign government—
added
“(A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, a description of the conditions or restrictions on the gift or contract; and
added
“(B) the name of the foreign government.
added
“(c) Public availability—The Secretary shall make publicly available on an Internet website of the Department of Defense each report required to be submitted under this section.
added
“(d) Enforcement
added
“(1) Whenever it appears that a military college has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.
added
“(2) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, a military college shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.
added
“(e) Annual report—Not later than March 1 of each year, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on foreign gifts to military colleges during the preceding year. Each report shall include, for the year covered by the report, an identification of each foreign gift for which disclosure was required under subsection (a) or subsection (b) and for each such gift—
added
“(1) the foreign government or foreign source that provided the gift;
added
“(2) the military college that received the gift;
added
“(3) the dollar value of the gift; and
added
“(4) the purpose of the gift.
added
“(f) Definitions—In this section:
added
“(1) The term “covered contract” means any agreement for the acquisition by purchase, lease, or barter of property or services by a foreign source for the direct benefit or use of any of the parties to the agreement.
added
“(2) The term “foreign source” means—
added
“(A) a foreign government, including an agency of a foreign government;
added
“(B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or multiple foreign states;
added
“(C) an individual who is not a citizen or a national of the United States; and
added
“(D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of an individual or entity described in subparagraph (A), (B), or (C).
added
“(3) The term “gift”—
added
“(A) means any gift of money, property, travel, or lodging expenses; and
added
“(B) with respect to a military college, includes gifts given to faculty, staff, and trustees of the military college.
added
“(4) The term “military college” means—
added
“(A) a senior military college described in section 2111a(f) of this title; or
added
“(B) a military junior college as defined for purposes of section 2107a of this title.
added
“(5) The term “restricted or conditional gift or contract” means an endowment, gift, grant, contract, award, or property of any kind that includes provisions regarding—
added
“(A) the employment, assignment, or termination of faculty;
added
“(B) the establishment of a department, center, research or lecture program, or new faculty position;
added
“(C) the selection or admission of a student; or
added
“(D) the award of a grant, loan, scholarship, fellowship, or other form of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.”
Sec. 1076
Authority to maintain Department of the Navy library
added
added
Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:
added
“8030. Department of the Navy: library
added
“(a) Authority—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 Department of the Navy.
added
“(b) Mission—The mission of a library maintained under this section shall include the following:
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 Department of the Navy through access to technical, strategic, operational, and doctrinal resources.
added
“(4) Promoting public understanding of the contributions of the Navy and Marine Corps to national defense and maritime history.
added
“(5) Supporting such other missions, functions, activities, and requirements of the Department of the Navy as the Secretary of the Navy considers appropriate.”
Sec. 1077
Ceremonial horses adoption program of the Army
added
added
Section 2583(c) of title 10, United States Code, is amended—
(1)
added
in paragraph (1), by striking “A military animal” and inserting, “Except as provided in paragraph (3), a military animal”; and
(2)
added
by adding at the end the following new paragraph:
added
“(3) If the Secretary of the Army determines that an adoption or transfer of a horse used in any ceremonial horse program of the Army is justified under subsection (a), the Secretary shall follow the recommended priority order in paragraph (1) except that the Secretary shall give first priority to making the horse available for transfer to a State, local, municipal, or Tribal law enforcement agency capable of humanely caring for the horse (including by demonstrating the capability to adequately care, house, and train the horse).”
Sec. 1081
Repeal of obsolete reporting requirements
(a)
Joint Safety Council briefings— Section 185 of title 10, United States Code, is amended by striking subsection (l).
(b)
Briefings on basic housing allowance for members without dependents when home port change would financially disadvantage member— Section 403(p)(2) of title 37, United States Code, is amended by striking subparagraph (C).
(c)
Costs of forward- deploying nuclear weapons in Europe briefing— The National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) is amended by striking section 1656.
(d)
Littoral combat ship report— Section 123 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 114–328; 130 Stat. 2030) is amended—
(1)
by striking subsection (a); and
(2)
by redesignating subsections (b) through (e) as subsections (a) through (d), respectively.
(e)
Annual explosive ordnance disposal funding documents— Section 343 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2082; 10 U.S.C. 2701 note) is amended—
(1)
by striking subsection (b); and
(2)
by redesignating subsections (c) through (e) as subsections (b) through (d), respectively.
(f)
Report on military action of Saudi Arabia and its coalition partners in Yemen— The National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking section 1265.
(g)
Consolidation of reports on United States Armed Forces, civilian employees, and contractors deployed in support of Operation Inherent Resolve, Operation Freedom’s Sentinel, and associated and successor operations— Section 1267 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
(1)
by striking subsection (a) through (d);
(2)
by striking “(f) Repeal of superseded provision.—”; and
(3)
by amending the section heading to read as follows:
“1267. Repeal of superseded provision”
(h)
Strategy to counter destabilizing activities of Iran— The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking section 1237.
(i)
Study on emerging biotechnologies— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 263.
(j)
Annual report on progress toward depot infrastructure improvement— Section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–9; 133 Stat. 1323; 10 U.S.C. 2476 note) is amended by striking subsection (c).
(k)
Annual report of Defense Advisory Committee for the Prevention of Sexual Misconduct— Section 550B of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1381; 10 U.S.C. 1561 note) is amended by striking subsection (d).
(l)
Annual report on programs to facilitate award of private pilot’s certificates— Section 560B of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1393; 10 U.S.C. 2015 note).
(m)
Report on legal institutional capacity building initiative— Section 1210 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1)
by striking subsection (d); and
(2)
by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(n)
Report on updated strategy— Section 1239 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1655) is amended by striking subsection (c).
(o)
Study on competitive strategies with respect to China— Section 1253 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1669) is amended by striking subsection (c).
(p)
Report on lay-down of Marines in Indo-Pacific— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1260K.
(q)
Report on Saudi-led coalition strikes in Yemen— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1274.
(r)
Reports on expenses incurred for in-flight refueling of Saudi coalition aircraft— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1275.
(s)
changed
Report on cost imposition strategy— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 12801280.
(t)
Annual military cyberspace operations report— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1644.
(u)
Independent study on policy of no-first-use of nuclear weapons— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1673.
(v)
Independent study on risks of nuclear terrorism and nuclear war— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1674.
(w)
Report on military-to-military dialogue to reduce risks of miscalculation leading to nuclear war— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1675.
(x)
Report on transfers of equipment to prohibited entities— The National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking section 1722.
(y)
Pilot program on self-directed training in advanced technologies— The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking section 248.
(z)
Report on temporary expansion of availability of enhanced constructive service credit in a particular career field upon original appointment as a commissioned officer— Section 503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3564; 10 U.S.C. 533 note) is amended by striking subsection (c).
(aa)
Briefing on use of existing exchange program authority— Section 1102 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3885) is amended by striking subsection (e).
(bb)
Report on enhancing security partnerships between the US and African countries— The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking section 1293.
(cc)
Report on progress with respect to denying strategic goals of competitors against defense partners— The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking section 1299G.
(dd)
Quarterly reports on equipment disposition— Section 1521(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4035) is amended by striking paragraph (5).
(ee)
Implementation of GAO recommendations on preventing tactical vehicle training accidents— The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 377.
(ff)
Submission to Congress of certain research and analysis relating to retention of female surface warfare officers— Section 505(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1680) is amended—
(1)
by striking paragraph (2);
(2)
by striking “(1) In general.—”; and
(3)
by adjusting the text beginning with “Not later than” and ending with “subsection (a).” to appear immediately following and in line with “(c) Reports.—”.
(gg)
Annual report on highest and lowest performing acquisition programs— The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 806.
(hh)
Report on Russian influence operations targeting US alliances— The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 1235.
(ii)
Feasibility briefing on cooperation between the National Guard and Taiwan— The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 1249.
(jj)
Notification relating to overseas humanitarian, disaster, and civil aid funds obligated in support of Operation Allies Welcome— The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 1324.
(kk)
Annual status updates on child care availability— Section 2816 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2194; 10 U.S.C. 1971 note) is amended—
(1)
by striking subsection (d); and
(2)
by redesignating subsection (e) as subsection (d).
(ll)
Strategy and plan for fostering and strengthening defense innovation ecosystem— Section 236 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2491) is amended—
(1)
by striking subsections (d) through (f); and
(2)
by redesignating subsection (g) as subsection (d).
(mm)
Plan for investments to support development of novel processing approaches— The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking section 233.
(nn)
Strategy for increasing competitive opportunities for certain critical technologies— The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking section 861.
(oo)
Briefings on universal pre-kindergarden programs— The National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended by striking section 587.
(pp)
Report on resourcing of Arctic strategy— Section 1071 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2070) is amended—
(1)
by striking subsection (c); and
(2)
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Sec. 1089I
ACAS–X action plan
added
(a)
added
ACAS–X action plan—
(1)
added
In general— 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 an action plan for advancing the deployment of the Airborne Collision Avoidance System–X (in this section referred to as “ACAS–X”), ACAS–Xa, ACAS–Xr, ACAS–Xo, ACAS–Xu, ACAS–sXu, ACAS–Xp.
(2)
added
Contents— In developing the action plan under paragraph (1), the Secretary shall include—
(A)
added
a strategic roadmap for the deployment of ACAS–X technology, including steps required for widespread adoption among military aircraft;
(B)
added
actions and funding necessary to complete any applicable research, development, testing, evaluation, and standards development needed to support the certification of such technology;
(C)
added
ACAS–X interoperability considerations for aircraft operators (including rotorcraft operators) equipped with ADS–B Out and ADS–B In equipment;
(D)
added
an assessment of safety benefits for aircraft operators equipping with such technology; and
(E)
added
any recommendations for administrative or legislative action, as determined appropriate by the Secretary, to advance such technology deployment.
(3)
added
Implementation— The Secretary may take actions, as appropriate, to implement the action plan developed under paragraph (1).
(4)
added
Briefing— Not later than 30 days after the date on which the Secretary submits the action plan under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the contents of such action plan and any prospective actions to implement such plan.
(b)
added
Definitions— In this section:
(1)
added
The term ADS–B In means onboard avionics equipment that receives and processes Automatic Dependent Surveillance–Broadcast transmissions that are broadcast in accordance with sections 91.225 and 91.227 of title 14, Code of Federal Regulations (or any successor regulations), and other aviation advisory information from ground stations, that provides the aircraft with awareness to the location of other aircraft and traffic advisories.
(2)
added
The term ADS–B Out—
(A)
added
has the meaning given such term in section 91.227 of title 14, Code of Federal Regulations; and
(B)
added
includes equipment that broadcasts information from an aircraft in accordance with sections 91.225 and 91.227 of such title 14 (or any successor regulations).
Sec. 1089J
Plan for protection of military installations located in the United States from unmanned aircraft threats
added
added
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the protection of all military installations located in the United States from threats posed by unmanned aircraft systems and unmanned aircraft (as such terms are defined in section 130i(m) of title 10, United States Code).
Sec. 1089K
Report on institutions of higher education receiving Department of Defense funds that have hosted Confucius Institutes
added
added
The Secretary of Defense shall submit to Congress a report on institutions of higher education that have—
(1)
added
received funding from the Department of Defense; and
(2)
added
hosted a Confucius Institute.
Sec. 1089L
Threat of artificial intelligence-powered attacks, scams, and fraud
added
(a)
added
Study— The Secretary of Defense shall conduct a study on the threat of artificial intelligence-powered attacks, scams, and fraud to United States military installations, operations, and personnel.
(b)
added
Evaluation of use of artificial intelligence by foreign adversaries— In conducting the study required by subsection (a), the Secretary shall evaluate the use of artificial intelligence by foreign adversaries for surveillance and targeting.
(c)
added
Report to Congress— Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study required by subsection (a).
Sec. 1089M
Assessment of installation-wide food programs of army and navy
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall complete an assessment of installation-wide food programs (with respect to the military installations of the Army and Navy, respectively), consistent with the recommendation of the Comptroller General of the United States contained in the report of the Government Accountability Office titled “Department of Defense Food Program: Additional Actions Needed to Implement, Oversee, and Evaluate Nutrition Efforts for Service Members”(GAO-24-106155) and dated June 2024.
Sec. 1089N
Independent review of Department of Defense financial management execution benchmarks
added
(a)
added
Review required— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall enter into an agreement with an independent entity to review the financial management execution benchmarks used by the Department of Defense to assess obligation and expenditure performance across major appropriations.
(b)
added
Matters reviewed— The review required by subsection (a) shall assess—
(1)
added
the origin, source, methodology, and authoritative basis of execution benchmarks currently used by the Department;
(2)
added
the extent to which such benchmarks are published in, or traceable to, Department-wide policy, regulation, guidance, or other official issuance;
(3)
added
whether such benchmarks remain relevant to modern acquisition and financial management practices, including rapid prototyping, software development, Other Transaction Agreements, milestone-based payments, program phase, and period of availability; and
(4)
added
whether such benchmarks should be updated, segmented, or otherwise modified to better reflect differences among appropriations, acquisition pathways, contracting mechanisms, and program execution patterns.
(c)
added
Report— Not later than 180 days after the date on which the Under Secretary of Defense (Comptroller) enters into the agreement under subsection (a), the Under Secretary shall submit to the congressional defense committees a report on the results of the review, including the findings of the review and any recommendations for changes to Department policy, regulation, guidance, or practice.
(d)
added
Definitions— In this section:
(1)
added
The term “execution benchmark” means any metric, target, curve, rate, standard, threshold, or other measure used by the Department to assess, evaluate, compare, or characterize obligation or expenditure performance.
(2)
added
The term “independent entity” means a federally funded research and development center, a nonprofit research organization, an institution of higher education, or any other entity with relevant expertise in defense financial management, acquisition, budgeting, and program execution, and no organizational conflict of interest.
Sec. 1089O
Audit of Chinese Communist Party-linked participation in Department of Defense contracts and supply chains
added
(a)
added
In general— The Comptroller General of the United States shall conduct an audit of the extent to which entities owned, controlled by, affiliated with, or subject to the influence of the Chinese Communist Party participate in Department of Defense contracts and supply chains.
(b)
added
Matters included— The audit required under subsection (a) shall include—
(1)
added
an assessment of the extent to which covered entities participate in Department of Defense contracts as prime contractors;
(2)
added
an assessment of the extent to which covered entities participate in Department of Defense contracts as subcontractors, suppliers, affiliates, subsidiaries, or joint venture partners;
(3)
added
identification of sectors of the defense industrial base with significant exposure to covered entities;
(4)
added
an assessment of risks posed to military readiness, supply chain resilience, operational security, and national security;
(5)
added
identification of any known relationships between covered entities and the People’s Liberation Army, Chinese intelligence services, or Chinese state-owned enterprises; and
(6)
added
recommendations to reduce identified risks.
(c)
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the findings of the audit required under subsection (a).
(d)
added
Covered entity— In this section, the term covered entity means any entity that is—
(1)
added
owned or controlled by the Government of the People’s Republic of China;
(2)
added
owned or controlled by the Chinese Communist Party;
(3)
added
identified on a list maintained pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283); or
(4)
added
otherwise determined by the Comptroller General to be subject to the direction, ownership, control, or influence of the Chinese Communist Party.
Sec. 1089P
Army report on resilient tactical power and battery safety
added
(a)
added
Findings— Congress finds the following:
(1)
added
Army units operating at the tactical edge increasingly rely on resilient power generation, storage, distribution, and charging to support communications systems, sensor networks, unmanned systems, directed-energy counter-UAS capabilities, command-and-control nodes, tactical vehicles, and other mission equipment.
(2)
added
Current fielded power solutions may not be optimized as integrated systems, limiting interoperability and increasing fuel, maintenance, and logistics burdens.
(3)
added
Batteries are a critical part of this architecture, because lithium battery performance and safety depend heavily on subcomponents, including separator materials.
(4)
added
Separator failure or degradation under high-rate cycling, cold-start pulse demand, elevated temperatures, extended storage, or mechanical and electrical abuse can contribute to internal short circuits, thermal events, and fault propagation in confined, manned, vehicle-integrated, or unmanned applications.
(5)
added
Separator technologies and other subcomponents should be assessed by the Army alongside power generation, charging, distribution, and sustainment needs.
(b)
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the efforts of the Army to demonstrate, assess, and transition resilient tactical power architectures and safe lithium battery technologies for mission systems. The report shall include each of the following:
(1)
added
A description of priority operational use cases for integrated tactical power and battery-dependent mission systems, including how hybrid tactical microgrids, control nodes, batteries, power electronics, charging, distribution, and energy storage would support unmanned systems, sensors, command-and-control nodes, directed-energy counter-unmanned aircraft systems, tactical vehicles, and other systems at the tactical edge.
(2)
added
A roadmap for laboratory, field, and operational demonstrations, including—
(A)
added
integration with Army generators, tactical vehicles, batteries, power electronics, and representative combat formations;
(B)
added
use of modular open systems architectures;
(C)
added
cyber and electromagnetic resilience requirements; and
(D)
added
metrics for fuel efficiency, logistics burden, reliability, survivability, and lifecycle costs.
(3)
added
An assessment of lithium battery designs, separator technologies, and related subcomponents that could improve high-rate cycling, cold-start performance, persistent low-draw operation, elevated-temperature endurance, long-duration storage, intrinsic fault containment, and propagation resistance, including relevant cooperative agreements, test standards, and representative Army mission profiles.
(4)
added
A description of performance, safety, and sustainment testing for fielded batteries, including overcharge, crush, puncture, internal short-circuit, thermal exposure, thermal runaway, charging in extreme or austere environments, and procedures to keep batteries for unmanned systems and other mission equipment functional and charged in storage and regular use.
(5)
added
A transition and sourcing plan for successful prototypes, validated battery designs, separator materials, and related subcomponents, including current and planned programs of record, existing platforms, candidate units and echelons for initial fielding, opportunities to leverage commercially proven domestic or allied battery and power electronics technologies, barriers to transition, and steps to secure domestic or allied production of separators, electrodes, electrolytes, cells, packs, and associated manufacturing capabilities.
Sec. 1089Q
Quarterly reporting requirement for National Security Capital Forum
added
added
Section 1092 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 149 note) is amended by adding at the end the following new subsection:
added
“(f) Reports—Not later than the end of each fiscal quarter, the Secretary of Defense shall submit to the congressional defense committees a report describing activities of the forum established under subsection (a) during such fiscal quarter and the goals of such forum in accordance with this section for the subsequent fiscal quarter.”
Sec. 1089R
Plan for domain awareness at the southern land border
added
(a)
added
Definitions— In this section:
(1)
added
Common operating picture— The term common operating picture means an integrated, interoperable, near-real-time geospatial and temporal display and repository of multi-source sensor, analytic, and operational data and intelligence designed to improve situational awareness, deconfliction, and coordinated response among participating agencies.
(2)
added
Domain awareness— The term domain awareness means the aggregate understanding of activities, actors, and conditions across the air, land, maritime, cyber, and space domains relevant to border security.
(3)
added
Southern land border— The term southern land border means the land border of the United States adjacent to Mexico.
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to the congressional defense committees a plan for the Department of Defense to contribute to a common operating picture to improve domain awareness at the southern land border.
(2)
added
Communication— Not later than 60 days after developing the plan required by paragraph (1), the Secretary of Defense shall transmit the plan to such interagency partners as the Secretary considers appropriate.
(3)
added
Elements— The plan required by paragraph (1) shall include the following:
(A)
added
A description of the proposed architecture, data sources (including Department of Defense and non-Department of Defense sensors), technical standards for interoperability, and cybersecurity and data protection measures for the common operating picture described in such paragraph.
(B)
added
A description of the procedures and authorities for data sharing.
(C)
added
A concept of operations describing how a common operating picture would support operational coordination, deconfliction, and information sharing among Federal, State, Tribal, local, and authorized international partners.
(D)
added
A phased implementation schedule with milestones and timelines for operationalizing the common operating picture at the southern land border, including benchmarks for capability deployment and full operational capability.
(E)
added
An identification of resource requirements, estimated costs, and funding sources, and a plan for inclusion of requirements for the common operating picture in the annual budget justification materials of the Department of Defense.
(F)
added
Plans for training, sustainment, and technical support for users across participating agencies.
(G)
added
Metrics and procedures for—
(i)
added
assessing effectiveness; and
(ii)
added
periodic review and continuous improvement.
(4)
added
Form— The plan required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.
Sec. 1089S
Report on planned investment in advanced sensor and electronic warfare systems specific to collaborative combat aircraft
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the planned investment in advanced sensor and electronic warfare systems specific to collaborative combat aircraft. Such shall include Air Force Plans for development and integration of foundational sensing, electronic warfare, and autonomy-enabling payloads for the collaborative combat aircraft with an emphasis on the following:
(1)
added
Cost-Effective Scalability, with a focus on commercial off-the-shelf, multi-function technologies.
(2)
added
Operational readiness and survivability.
(3)
added
Strategic advantage and supply chain security, specifically regarding domestic engineering and production capabilities.
Sec. 1089T
Strategy and report on storage, sustainment, and deployment of collaborative combat aircraft
added
(a)
added
Strategy and report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Commander of United States Transportation Command, shall—
(1)
added
develop a comprehensive strategy for the storage, sustainment, deployment, and operational support of CCA; and
(2)
added
submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the strategy developed under paragraph (1).
(b)
added
Contents— The report required under subsection (a)(2) shall include the following:
(1)
added
A plan for the storage and sustainment of CCA that addresses requirements associated with Agile Combat Employment and Agile Combat Deployment operational concepts of the Department of the Air Force.
(2)
added
An assessment of—
(A)
added
the extent to which CCA are capable of deployment alongside crewed fighter aircraft traveling from within the continental United States to forward theaters of operation under contested logistics conditions; and
(B)
added
the mobility feasibility of deploying CCA in the manner described in subparagraph (A).
(3)
added
A description of methods used to store CCA as of the date of the submission of the report, disaggregated by location type, including—
(A)
added
depots located within the continental United States;
(B)
added
forward operating hubs; and
(C)
added
dispersed austere sites.
(4)
added
For each location specified in paragraph (3), a summary of—
(A)
added
environmental requirements;
(B)
added
security requirements; and
(C)
added
shelf-life considerations associated with storing CCA at such location.
(5)
added
A description of the forward support footprint required for each CCA detachment, including—
(C)
added
test equipment; and
(D)
added
communications support requirements.
(6)
added
A model addressing expected—
(A)
added
attrition of CCA; and
(B)
added
repair requirements for CCA.
(7)
added
A summary of plans of the Department of the Air Force for lifecycle sustainment of CCA, including—
(A)
added
locations at which major maintenance, overhaul, and repair operations will be conducted;
(B)
added
plans for spare component pools; and
(C)
added
expected turnaround times required to prepare CCA for redeployment.
(8)
added
A summary identifying which components of CCA—
(A)
added
may be repaired in the event such component becomes inoperable; and
(B)
added
must be replaced.
(9)
added
For each component identified under paragraph (8)(B), an estimated timeline for replacement.
(10)
added
A cost estimate for the sustainment of CCA, including identification of—
(A)
added
the average cost-per-flight-hour for CCA operations;
(B)
added
the average cost-per-mission involving CCA; and
(C)
added
the primary drivers of sustainment costs.
(11)
added
A summary of operational assumptions derived from relevant war games involving CCA, including identified operational gaps, sustainment shortfalls, or risks.
(12)
added
An assessment of requirements associated with deploying CCA at scale in operational theaters, including requirements relating to—
(C)
added
prepositioning;
(E)
added
spare components; and
(F)
added
maintenance manpower.
(13)
added
An assessment of whether deployment of CCA—
(A)
added
improves overall utilization or capacity of applicable ships, containers, or transportation platforms;
(B)
added
decreases demand for space on such ships, containers, or transportation platforms; and
(C)
added
creates new logistical or sustainment burdens within operational theaters.
(14)
added
An assessment of—
(A)
added
the marginal costs associated with moving, storing, and sustaining CCA at scale; and
(B)
added
the primary factors inhibiting deployment of CCA in the Indo-Pacific region.
(15)
added
Resource requirements and an implementation timeline for the strategy developed under subsection (a)(1), including budget estimates, force structure assumptions, and major milestones.
(c)
added
Federally funded research and development center support— In carrying out the strategy and report requirements under this section, the Secretary of the Air Force may leverage the support of one or more federally funded research and development centers with expertise in logistics, force design, contested sustainment, autonomous systems, or defense mobility planning.
(d)
added
Form— The report submitted pursuant to subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.
(e)
added
CCA defined— In this section, the term CCA means autonomous, uncrewed collaborative combat aircraft of the Department of the Air Force.
Sec. 1089U
Report on funding barriers for sUAS
added
(a)
added
Sense of Congress— Congress recognizes there is unprecedented demand within the Department of Defense for acquisition and fielding of small unmanned aircraft systems (in this section referred to as “ sUAS”), particularly for units slated for overseas deployments.
(b)
added
Report— Not later than March 31, 2027, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that includes—
(1)
added
the reason or reasons for prohibiting use of operation and maintenance fund for the purchase of sUAS participating in a program of record;
(2)
added
any broader challenges to the procurement of sUAS, including lack of authority or funding sources within the Department; and
(3)
added
a description of any legislative action required to address this issue.
Sec. 1089V
Report on red flags missed in fraud scheme perpetrated by Janet Yamanaka Mello
added
(a)
added
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of War shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the fraud scheme perpetrated by Janet Yamanaka Mello, a civilian employee of the Department of the Army, who was indicted and pleaded guilty to stealing over $100,000,000 in 4-H Military Partnership Grant program funds.
(b)
added
Contents of report— The report required under subsection (a) shall include each of the following:
(1)
added
A description of the breakdown in the supervision of Mello, including any failures of management or oversight that contributed to the ability of Mello to carry out the fraud scheme undetected.
(2)
added
A description of the breakdown in accountability with respect to the loss of the stolen funds, including any failures to ensure that such funds were actually being spent for the purposes for which such funds were intended.
(3)
added
A description of the failure to ensure that financial program managers, such as Mello, are not able to funnel Government funds to themselves or their own entities.
(4)
added
An identification of any other red flags or warning signs that were missed or ignored by employees of the Department of War, including any instances of whistleblower retaliation or suppression of concerns.
(5)
added
An assessment of the policies and procedures of the Department of War and Department of the Army, as of the date of the enactment of this Act, designed to prevent employees from perpetrating similar fraud schemes in the future.
(6)
added
Recommendations for improvements to the policies, procedures, and oversight of the Department of War and Department of the Army to prevent employees from perpetrating similar fraud schemes in the future.
(7)
added
A description of any disciplinary or administrative actions taken against any individuals or entities found to have contributed to the ability of Mello to carry out the fraud scheme.
(8)
added
A description of any changes made, or planned to be made, to the financial management and oversight processes of the Department of War and the Department of the Army as a result of the fraud scheme perpetrated by Mello.
(9)
added
An assessment of the effects of the fraud scheme perpetrated by Mello on the programs and operations of the Department of War and the Department of the Army.
(10)
added
Any other information the Secretary of War determines relevant to understanding the fraud scheme perpetrated by Mello and preventing employees from perpetrating similar fraud schemes in the future.
(c)
added
Public availability— The Secretary of War shall make the report required under subsection (a) publicly available on an appropriate website of the Department of War.
Sec. 1089W
Study on tool and die casting industry
added
added
The Secretary of Defense shall conduct a study assessing the condition of the tool and die casting industry in the United States during fiscal year 2026, including—
(1)
added
how many tool and die casting facilities in the United States opened during such fiscal year;
(2)
added
how many such facilities closed during such fiscal year;
(3)
added
the economic impact of the tool and die casting industry in the United States;
(4)
added
any shortage in the tool and die casting workforce in the United States;
(5)
added
development opportunities for such workforce; and
(6)
added
other opportunities to increase tool and die casting capabilities in the United States.
Sec. 1089X
Naval construction force readiness and contested logistics
added
(a)
added
In general— Chapter 807 of title 10, United States Code, is amended by inserting at the end the following:
added
“8064. Naval construction force prepositioned equipment and readiness requirements
added
“(a) Requirement—The Chairman of the Joint Chiefs of Staff shall provide a Report to Congress on Combatant Commander requirements for Naval Construction Force to support contested logistics and expeditionary infrastructure requirements.
added
“(b) Elements—The requirement under subsection (a) shall include the following:
added
“(1) Identification of mission requirements by combatant command.
added
“(2) Current and future force structure and capability mix.
added
“(3) Integration with joint logistics, theater opening, and expeditionary basing operations.
added
“(4) Infrastructure and equipment requirements.
added
“(5) Identified capability gaps.
added
“8065. Naval construction force equipment and personnel readiness requirements
added
“(a) Requirement—Not later than March 1, 2027, the Secretary of the Navy shall provide a brief/report to Congress on Naval Construction Force support to combatant commanders, to include:
added
“(1) Theater-aligned, prepositioned expeditionary construction equipment sets to enable the rapid employment of the Naval Construction Force in support of combatant command operational requirements.
added
“(2) A comprehensive baseline and recapitalization plan for Civil Engineer Support Equipment and other mission-essential equipment of the Naval Construction Force.
added
“(3) An assessment of the mobilization readiness of the reserve component of the Naval Construction Force.
added
“(b) Elements—The requirement under subsection (a) shall include the following:
added
“(1) Identification of priority geographic locations for such equipment.
added
“(2) Equipment configurations necessary to support—
added
“(A) expeditionary airfield damage repair;
added
“(B) austere port and waterfront repair;
added
“(C) fuel, water, and power generation systems; and
added
“(D) expeditionary basing and logistics node establishment.
added
“(3) Defined readiness standards, including equipment availability, serviceability, and deployment timelines.
added
“(4) Integration with strategic mobility and sealift requirements.
added
“(5) Identification of capability gaps and associated resource requirements.
added
“(6) Recapitalization and Readiness Metrics—
added
“(A) inventory age, condition, and service life data;
added
“(B) mission-capable rates and readiness trends;
added
“(C) identification of high-risk equipment categories affecting readiness;
added
“(D) a prioritized recapitalization schedule with cost estimates; and
added
“(E) identification of supply chain and sustainment risks.
added
“(7) Reserve Component Mobilization Readiness elements—
added
“(A) time required to achieve mission-ready status upon mobilization;
added
“(B) availability of equipment upon activation;
added
“(C) training equivalency between active and reserve units;
added
“(D) reliance on cross-leveling of personnel and equipment; and
added
“(E) barriers to rapid deployment.
added
“(8) A plan to reduce mobilization timelines and improve readiness.
added
“(c) Annual updates—The Secretary of the Navy shall submit an annual update to the congressional defense committees on—
added
“(1) the requirements under subsection (a);
added
“(2) specific shortfalls and associated funding requirements; and
added
“(3) alignment with Combatant Commander Naval Construction Force requirements.”
(b)
added
Clerical amendment— The table of contents for chapter 807 of such title is amended by inserting at the end the following new items:
Sec. 1089Y
Review and report on UAS activity in the vicinity of critical installations
added
(a)
added
In general— The Inspector General of the Department of Defense shall conduct a review of potential foreign adversary connected unmanned aircraft system (UAS) activity over critical military installations, vessels, aircraft, and the homeland, and other matters.
(b)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the relevant committees a report on—
(1)
added
UAS activity over military installations in the United States and abroad;
(2)
added
UAS activity in close proximity to sensitive national security installations;
(3)
added
instances of UAS activity in the vicinity of United States military and law enforcement vessels and aircraft;
(4)
added
the process for deploying counter-UAS systems to assist State and local law enforcement;
(5)
added
instances where the Department of Defense deployed counter-UAS systems to assist State and local law enforcement;
(6)
added
instances where the Department of Defense received requests for counter-UAS assistance from Installation Commanders;
(7)
added
whether the Department of Defense possess appropriate capabilities to supply all installations with counter-UAS technology;
(8)
added
whether Installation Commanders possess the capability and authorities to address UAS incursions to installations and in the immediate vicinity of installations; and
(9)
added
an analysis of near-peer actors who possess the capabilities to conduct such activities.
(c)
added
Definition of relevant committee— In this section, the term relevant committees means—
(1)
added
the Committees on Armed Services of the House of Representatives and the Senate;
(2)
added
the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate;
(3)
added
the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;
(4)
added
the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate;
(5)
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate;
(6)
added
the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(7)
added
the Committee on Oversight and Accountability of the House of Representatives.
(d)
added
Form— The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1089Z
Report on costs associated with basing locations for F–35 aircraft
added
(a)
added
In general— The Secretary of Defense shall conduct an analysis to evaluate the full life-cycle costs associated with proposed or potential basing locations for F–35 aircraft expected to be delivered to the Department of Defense during the period of fiscal years 2030 through 2035.
(b)
added
Contents— The analysis under subsection (a) shall include—
(1)
added
an evaluation of the costs of military construction, infrastructure upgrades, and simulator procurement and installation associated with proposed basing locations for the F–35 aircraft described in subsection (a) compared to those costs at existing Air Force and Air National Guard installations currently hosting fighter aircraft operations, including installations supporting United States formal training and foreign military training missions;
(2)
added
identification of any military construction, infrastructure, and simulator costs for the F–35 aircraft described in subsection (a) that are already programmed or funded in the budget of the President (as submitted as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) or the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code; and
(3)
added
an estimate of any current or expected reductions in funding to support F–35 basing at military installations.
(c)
added
Report— Not later than 210 days after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the analysis conducted under subsection (a).
Sec. 1089AA
Additional determination regarding certain unmanned ground vehicle systems
added
added
Section 1078(a)(2) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2075) is amended—
(1)
added
by redesignating subparagraph (F) as subparagraph (G); and
(2)
added
by inserting after subparagraph (E) the following:
added
“(F) A determination of whether the operation of covered unmanned ground vehicle systems in United States networks poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.”
Sec. 1099A
Designation of southwest land border activities, support, and operations as named operation
added
(a)
added
Designation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate activities, support, and operations conducted by the Department of Defense in support of civil authorities at the southwest land border as a named operation, for the purposes of—
(1)
added
providing unified identification, planning, budgeting, oversight, and reporting for such activities, support, and operations; and
(2)
added
strengthening efforts to detect, deter, and disrupt transnational criminal organizations and other border-related threats.
(b)
added
Annual budget request— In the budget justification materials submitted to Congress in support of the Department of Defense budget for the first fiscal year following the designation under subsection (a) 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 Defense shall include—
(1)
added
a dedicated budget line item for the named operation so designated;
(2)
added
a display of the requested budgetary authority for such named operation by appropriations account and fiscal year;
(3)
added
a narrative justification describing the scope of, and legal authorities for, the planned activities, support, and operations to be carried out or provided under such named operation using amounts so requested;
(4)
added
with respect to such planned support, a summary of the types and estimated values of support to be provided; and
(5)
added
performance metrics and planned outputs with respect to such named operation for the subsequent fiscal year.
(c)
added
Form— The summary specified in subsection (b)(4) shall be submitted in unclassified form, but may include a classified annex.
(d)
added
Rule of construction— Nothing in this section may be construed to authorize the use of military force.
(e)
added
Definitions— In this section:
(1)
added
The term southwest land border means the land border of the United States adjacent to Mexico.
(2)
added
The term support of civil authorities—
(A)
added
has the meaning given that term in Department of Defense Directive 3025.18, as amended;
(B)
added
includes support relating to planning, logistics, intelligence, aviation, and engineering; and
(C)
added
does not include support provided to a civilian law enforcement agency.
Sec. 1099B
Pilot program on the use of clinically tested digital faith-based platforms to support spiritual fitness and readiness
added
(a)
added
Pilot program required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to evaluate the use of clinically tested, commercially available digital faith-based platforms to support the modernization and digitization of the chaplaincies of the Armed Forces and to promote spiritual fitness, operational readiness, resilience, and overall mental health among members of the Armed Forces and their dependents. The Secretary shall design the pilot program to determine whether the platforms evaluated are capable of—
(1)
added
augmenting the ability of military chaplains to provide spiritual care and counseling using established metrics for effectiveness and performance used by the Chaplain Corps today and included in the modernization efforts of the Secretary;
(2)
added
measurably expanding access to voluntary spiritual support resources for geographically dispersed personnel, including deployed members of the Armed Forces;
(3)
added
enhancing spiritual readiness consistent with total force fitness and holistic health initiatives and other applicable standards and metrics;
(4)
added
improving measurable indicators of resilience, morale, and nonclinical mental health support; and
(5)
added
extending access to spiritual wellness resources to military families and dependents, recognizing the integral role of family readiness in overall force resilience.
(b)
added
Requirements— In carrying out the pilot program, the Secretary shall—
(1)
added
evaluate and incorporate commercially available platforms supported by peer-reviewed evidence, specific to the platform under evaluation, demonstrating that engagement in religious or spiritual practice through the platform produces positive spiritual wellbeing, spiritual fitness, resilience, or mental health outcomes;
(2)
added
ensure participation is voluntary and consistent with the constitutional protections regarding religious liberty and the prohibition on establishment of religion;
(3)
added
ensure platforms meet applicable cybersecurity, privacy, and data protection standards of the Department;
(4)
added
prioritize evaluation of platforms that—
(A)
added
have a demonstrated record of user engagement and scalability across large and diverse populations;
(B)
added
have a demonstrated record of providing tools that enable faith leaders and religious organizations to create, distribute, and measure engagement with digital spiritual care content; and
(C)
added
provide engagement reporting and analytics sufficient to support the assessments required under subsection (d), including use by geographically dispersed personnel, deployed personnel, and military dependents;
(5)
added
coordinate with the Chiefs of Chaplains of the military departments;
(6)
added
conduct the pilot across not fewer than two military departments, including both active and reserve components; and
(7)
added
carry out the pilot program using other transaction authority under section 4022 of title 10, United States Code, or procedures for the acquisition of commercial products and commercial services under part 12 of the Federal Acquisition Regulation, as the Secretary considers appropriate.
(c)
added
Duration; commencement— The pilot program shall be conducted for a period of not less than 12 months. The Secretary shall commence participant enrollment not later than 180 days after the date of the enactment of this Act.
(d)
added
Report and assessment of program of record feasibility— Not later than 120 days after completion of the pilot program, the Secretary shall submit to the congressional defense committees a report containing the results of the program and an assessment of whether digital faith-based platforms should be incorporated into the spiritual readiness and chaplaincy programs of the Department of Defense. The report shall include the following:
(1)
added
An assessment of participation rates, user engagement, frequency of use, completion of platform content, and sustained use over the duration of the pilot.
(2)
added
An assessment of the extent to which the pilot expanded access to spiritual support resources for members of the Armed Forces and military families who historically under-use traditional chaplain services, including personnel located in geographically dispersed locations and deployed environments, members of the reserve components, and military families.
(3)
added
An assessment of changes in participant-reported measures of spiritual fitness, purpose, meaning, connectedness, resilience, and other indicators identified by the Department as relevant to total force fitness and holistic health initiatives.
(4)
added
An assessment of whether digital faith-based platforms enhanced the ability of military chaplains to provide care, increased the reach of chaplaincy services, reduced barriers to engagement, or otherwise improved delivery of spiritual support across participating units.
(5)
added
To the extent practicable, an assessment of changes in relevant readiness and resilience indicators among participants, including stress management, help-seeking behavior, social connectedness, morale, and other nonclinical indicators identified by the Secretary.
(6)
added
A comparison of the costs and outcomes associated with digital delivery of spiritual readiness resources relative to traditional methods of providing comparable support, including an assessment of scalability across the active and reserve components.
(7)
added
An assessment of cybersecurity, privacy, data protection, acquisition, contracting, and implementation considerations identified during execution of the pilot program.
(8)
added
An assessment of whether digital faith-based platforms demonstrated sufficient effectiveness, user adoption, scalability, affordability, and mission relevance to warrant establishment of a program of record or other permanent capability within the Department. Such assessment shall include—
(A)
added
recommended governance and oversight mechanisms;
(B)
added
recommended funding levels and appropriations accounts;
(C)
added
recommended lead organization or executive agent;
(D)
added
recommended performance measures for future implementation; and
(E)
added
any legislative authorities required to support Department-wide adoption.
(9)
added
Recommendations regarding continuation, expansion, modification, competitive procurement, or termination of the capability.
(e)
added
Definition— In this section, the term digital faith-based platform—
(1)
added
means a commercially available digital platform the primary purpose of which is the creation, delivery, and facilitation of religious and spiritual content and practice; and
(2)
added
includes tools for faith leaders and religious organizations.
Sec. 1099C
Plan on recapitalization of F–16 aircraft of 140th Wing of the Colorado Air National Guard
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 comprehensive plan for the recapitalization of the F–16 aircraft of the 140th Wing of the Colorado Air National Guard.
Sec. 1099D
Report on Go for Green nutrition program
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 implementation of the Go for Green nutrition program at military dining facilities.
Sec. 1099E
Codification and revision of process by which certain Department of Defense personnel may be permitted to carry firearms on a military installation or other Defense facility
added
(a)
added
In general— Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section:
added
“1060d. Firearms on military installations and other Defense facilities: process by which personnel may be permitted to carry
added
“(a) Authority—A member of the Armed Forces or civilian employee of the Department of Defense who is assigned to duty at a facility specified in subsection (b) may carry a firearm when on that facility if permitted to do so by the designated commander. Such permission constitutes an authorization for purposes of section 930(d)(2) of title 18.
added
“(b) Designated facilities—For purposes of subsection (a), a facility designated in this subsection is any of the following located in the United States:
added
“(1) A military installation.
added
“(2) A military reserve center.
added
“(3) An armed services recruiting center.
added
“(4) Any other facility under the jurisdiction, custody, or control of the Department of Defense that is designated by the Secretary of Defense for purposes of this section.
added
“(c) Designated commander—For purposes of subsection (a), a designated commander, with respect to a facility specified in subsection (b), is an officer serving in a grade below a General or Flag Officer grade who is—
added
“(1) the commander of the facility; or
added
“(2) a military commander otherwise designated by the Secretary of Defense for the facility for purposes of this section.
added
“(d) Presumption of approval—In considering a request for permission to carry a firearm on a designated facility, the designated commander with respect to that facility may deny the request only for objective, clearly-described, individualized reasons.
added
“(e) Implementation—The Secretary of Defense shall establish a process for the implementation of this section.
added
“(f) Rule of construction—Nothing in this section shall be construed to limit the authority of the Secretary of Defense to permit additional individuals from seeking, or being granted, permission to carry a firearm on a facility designated in subsection (b) in accordance with procedures established by the Secretary.”
(b)
added
Deadline— The process required by subsection (e) of section 1060d of title 10, United States Code, as added by subsection (a), shall be implemented not later than December 31, 2027.
(c)
added
Repeal— Section 526 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2672 note) is repealed.
Sec. 1099F
Pilot program on the Army National Guard as the homeland defense integrator for defeating explosive ordnance
added
(a)
added
Pilot program authorized—
(1)
added
In general— The Secretary of the Army may conduct a pilot program to assess the feasibility and advisability of the development of a capability in support of Department of the Army missions within the National Guard through which the National Guard of a State remotely provides to the National Guard of other States (whether or not in the same Armed Force as the providing National Guard) explosive ordnance disposal capability through technical assistance in the planning, preparation, training, and response to accidents and incidents involving foreign and domestic explosive ordnance, as such term is defined in section 283(d) of title 10, United States Code.
(2)
added
Assessment prior to commencement— For the purposes of the pilot program described in subsection (a), the Director of the Army National Guard shall, prior to commencing the pilot program, determine—
(A)
added
which of the service component commands of the Army best supports the responsible combatant commands that defend the homeland including the United States Strategic Command, the United States Space Command, and the United States Northern Command;
(B)
added
the command and support relationships of Army National Guard explosive ordnance disposal formations, and other military explosive ordnance disposal units, to the Army service component command identified pursuant to subparagraph (A);
(C)
added
the required increase in the number of members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program that may support or execute such homeland defense activities performed by the National Guard under section 904 of title 32, United States Code; and
(D)
added
the crosswalk of designated Army National Guard explosive ordnance disposal units to that of the Department of Defense prioritized critical infrastructure listing with an emphasis on United States left of launch capability including missile production and storage facilities, missile launching equipment and positions, and command and control equipment generally recognized as lawful military objectives that may be targeted.
(b)
added
Elements— The pilot program described in subsection (a) may include the following:
(1)
added
A secure net-worked capability, including joint worldwide intelligence communication system and secure internet protocol router networks, that enables the National Guard explosive ordnance disposal unit of a State to remotely provide command and control, intelligence, technical operations oversight, and explosives safety compliance without the need to deploy outside its home State.
(2)
added
The development of policies, processes, procedures, program element and management decision packages, and authorities for use of such a capability, including with respect to the following:
(A)
added
The roles and responsibilities of both requesting and deploying National Guards with respect to such explosive ordnance disposal capabilities as defined in section 2284(d)(2) of title 10, United States Code.
(B)
added
Program management and governance structures for deployment and maintenance of such a capability.
(3)
added
The conduct of at least three annual exercises known as “Ravens Challenge exercises” with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Army which shall include the following:
(A)
added
The participation of not fewer than the National Guards of two States.
(B)
added
Circumstances designed to test and validate the policies, processes, procedures, program elements, and management decision packages and authorities pursuant to paragraph (2).
(c)
added
Construction with certain current authorities—
(1)
added
Command authorities— Nothing in this section may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard participating in the pilot program.
(2)
added
Emergency management assistance compact— Nothing in the section may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinant of the future content of any such agreement.
(d)
added
Evaluation metrics— The Director of the Army National Guard shall establish metrics to evaluate the effectiveness of the pilot program.
(e)
added
Term— The pilot program under subsection (a) shall not terminate not later than five years (a future years defense program cycle) after the date of the commencement of the pilot program.
(1)
added
Initial report— Not later than 180 days after the date of the commencement of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress an initial report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate.
(2)
added
Final report— Not later than 180 days after the termination of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress a final report. The report shall include the following:
(A)
added
A description of the pilot program including any partnerships entered into under the pilot program.
(B)
added
A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (a)(2).
(C)
added
A summary of the evaluation metrics established in accordance with subsection (d).
(D)
added
An assessment of the effectiveness of the pilot program, and capability elements described in subsection (b).
(E)
added
A description of the costs associated with implementation and conduct of the pilot program.
(F)
added
A recommendation as to authorizing a permanent program modeled on the pilot program.
(G)
added
An estimate of the costs on making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).
(H)
added
Such recommendations for legislative or administrative action as the Secretary of the Army considers appropriate in light of the pilot program.
(g)
added
State defined— In this section, the term State means—
(1)
added
the several States;
(2)
added
the District of Columbia;
(3)
added
the Commonwealth of Puerto Rico;
(4)
added
American Samoa;
(6)
added
the United States Virgin Islands; and
(7)
added
the Commonwealth of the Northern Mariana Islands.
Sec. 1099G
Briefing on low cost, platform agnostic autonomy modules for sUAS
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
there is a growing operational need for rapidly deployable, low cost, and attritable small unmanned aerial systems (in this section referred to as “sUAS”) capable of executing autonomous strike and reconnaissance missions;
(2)
added
commercial sector advances now allow advanced artificial intelligence-enabled autonomy to run on inexpensive, widely fielded hardware, such as ruggedized Net Warrior Android based devices, mounted onto off the shelf drones;
(3)
added
these capabilities can convert low cost platforms into autonomous delivery or one way attack systems without requiring complex or costly payload integration;
(4)
added
it is encouraging that emerging platform agnostic autonomy kits that leverage onboard sensors and processors from commercially available devices to enable navigation, target recognition, and terminal engagement for sUAS operating in contested environments; and
(5)
added
these capabilities offer the Department a rapid, scalable means of fielding attritable systems at a fraction of traditional cost.
(b)
added
Briefing— Not later than December 1, 2026, the Secretary of Defense shall provide to the congressional defense committees a briefing on opportunities to accelerate development and acquisition of low cost, platform agnostic autonomy modules for sUAS. The briefing shall include each of the following:
(1)
added
A survey of commercially derived autonomy solutions that can be integrated onto inexpensive, non proprietary hardware.
(2)
added
An assessment of Department of Defense integration pathways for enabling autonomous weapons delivery or ISR missions on off the shelf drones.
(3)
added
Recommendations for rapid fielding, demonstrations, or procurement approaches that would allow the Services to acquire and deploy such capabilities at scale.
Sec. 1099H
Briefing on test mission accident at Edwards Air Force Base
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the United States is indebted to the service and dedication of Col. Gregory Watson, Lt. Col. Gabriel Estrella, Retired Lt. Col. Miles Middleton, Maj. Alexander Davis, Maj. Robert Dee, Maj. Brad Hovey, Jeromy Smith, and Christopher Rischar, who lost their lives in the B–52 Stratofortress crash on June 15, 2026; and
(2)
added
the people of the United States should honor their memories and remember the sacrifice they and their families have made.
(b)
added
Briefing— Following the completion of the investigation into the B–52 Stratofortress crash on June 15, 2026, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall provide to the congressional defense committees a briefing on the crash.
Sec. 1099I
Sense of Congress regarding Rock Island Arsenal Child Care Development Center
added
added
It is the sense of Congress that the Department of Army should prioritize the Rock Island Arsenal Defense Alliance request for the Rock Island Arsenal Child Care Development Center to support the readiness of the workforce.
Sec. 1099J
Designation of lead agency service delivery official for the Department of Defense
added
(a)
added
Designation of lead agency service delivery official— The Secretary of Defense shall designate a senior official of the Department of Defense to serve as the Lead Agency Service Delivery Official for the Department, in accordance with section 323(b) of title 5, United States Code.
(b)
added
Designation of military department officials— The Secretary of Defense shall require each Secretary of a military department to designate a senior official responsible for coordinating service delivery improvement activities within such military department.
(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 a report on the implementation of service delivery improvement activities by the Department. Such report shall include—
(1)
added
an identification of each official designated pursuant to subsection (b) or (c), including a description of the respective authorities, responsibilities, and reporting relationships of such officials;
(2)
added
an assessment of the programs, benefits, services, and functions of the Department that may be appropriate for designation as a high impact service provider, as such term is defined in section 321 of title 5, United States Code, including any such services that directly affect members of the Armed Forces and their families;
(3)
added
a description of efforts to collect and incorporate feedback from recipients of benefits and services of the Department;
(4)
added
a description of performance measures used to assess the accessibility, efficiency, timeliness, and quality of the delivery of such benefits and services;
(5)
added
a description of standards established for the collection, management, and reporting of such delivery performance information across the Department; and
(6)
added
any recommendations for additional authorities or resources needed to improve the delivery of benefits and services across the Department.
Sec. 1099K
Pilot program for integrated warfighter cognitive performance and readiness
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
long-term exposure to high-stress operational environments compromises cognitive performance, sleep quality, and psychological resilience, creating conditions for reduced readiness, impaired decision-making, increased behavioral health risk, and greater potential for anxiety, depression, and other stress-related conditions among members of the Armed Forces;
(2)
added
the Secretary of Defense’s May 6, 2026, directive establishing Warfighter Performance Optimization as a core Department of Defense priority directs a data-driven, outcomes-focused approach to scaling proven human performance capabilities across the force and mandates development of minimum standards for human performance programs;
(3)
added
commanders across multiple military services have independently invested in cognitive performance capabilities from local budgets due to existing programs have not consistently delivering measurable readiness outcomes, demonstrating demand for scalable, evidence-based solutions that bridge the gap between research and real-world military performance; and
(4)
added
commercially available, scientifically researched capabilities with documented real-world military performance, including measurable improvements in cognitive performance, sleep quality, stress resilience, and clinical care utilization, are immediately available for deployment and scaling through existing Federal acquisition pathways, with minimal cost or requirements to development of a new program, in direct support of the Department’s warfighter performance optimization priorities.
(b)
added
Establishment of pilot program— Not later than March 1, 2027, the Secretary of Defense shall establish a pilot program to modernize existing military resilience and performance programs in support of the warfighter performance optimization priorities of the Department of Defense. The program shall be designed to provide members of the Armed Forces and their dependents with an integrated cognitive performance and readiness capability that combines live performance training, cognitive training tools and technologies, always-on digital support, live coaching, care navigation, sleep optimization, and on-installation cognitive readiness infrastructure. In selecting capabilities for the pilot program, the Secretary shall give priority to commercially or federally available capabilities with documented success and prior performance in military or high-stress operational environments.
(c)
added
Elements— The pilot program under subsection (b) shall be designed to include the following elements:
(1)
added
The demonstration of a substantial body of scientifically researched and evidence-based published evidence of measurable improvements in cognitive performance outcomes, including sustained attention, reaction time under stress, and stress regulation, in military or high-stress operational populations, including evidence derived from alpha-competitive and high-consequence operational environments such as military aviation, special operations, and elite performance contexts, demonstrating real-world military efficacy.
(2)
added
The demonstration of military cultural competence across all personnel delivering services, including coaches, facilitators, and support staff, through documented training requirements specific to military populations, operational environments, and families of members of the Armed Forces.
(3)
added
Content and curriculum developed in partnership with experts with documented service in military operational leadership roles, aligned to service-specific resilience and readiness frameworks and the unique demands of military life, deployment cycles, and family support, and continuously updated to reflect advances in cognitive performance science.
(4)
added
The delivery of cognitive performance capabilities through—
(A)
added
a holistic approach encompassing education, training, leadership development, and culture, providing tactical tools and skill sets applicable across the full spectrum of military service, any area of operations, and all phases of a member’s career; and
(B)
added
multiple complementary modalities including in-person instruction by certified facilitators, on-installation cognitive performance environments, and always-on digital access, ensuring continuity of support regardless of operational tempo, deployment status, or geographic location.
(5)
added
Interactive and contextualized live cognitive performance training—
(A)
added
provided by specialized training teams with expert knowledge of cognitive performance and how to apply skills across the phases of a military career, focused on development of a high-performance mindset to increase readiness, warfighter lethality, and leadership under stress, with certified facilitators embedded at installations to sustain program culture and common language within units between training events; and
(B)
added
that is delivered in-person at installations when operationally feasible, with alternative delivery modalities available for deployed or distributed environments.
(6)
added
Cognitive training tools and resources, including technologies and structured skill-building environments, designed to improve resilience, focus, decision making, and recovery under pressure, with documented peer-reviewed evidence of measurable improvements in cognitive performance outcomes including attention, stress regulation, and reaction time.
(7)
added
A commercially available digital component with demonstrated adoption by millions of users across civilian and enterprise populations, providing continuous on-demand access to cognitive performance support, sleep optimization, stress regulation, mental health and wellness content, and mental fitness resources, including content developed in partnership with experts with documented service in military operational leadership roles, accessible to members of the Armed Forcese and their family members between and independent of scheduled training events, including in deployed environments.
(8)
added
Evidence-based sleep optimization resources and interventions with documented peer-reviewed evidence of measurable improvements in sleep onset, sleep quality, and insomnia reduction, accessible to members of the Armed Forces and their families on demand.
(9)
added
On-demand access, at any time during the day or night, to live subclinical coaching support with response times less than two minutes on average as well as through scheduled video and text based sessions for members of the Armed Forces and their families, with demonstrated rapid-access connection capability, with military cultural competence training required of all coaching personnel as a condition of employment.
(10)
added
Validated assessments and structured care navigation connecting members of the Armed Forces to existing military and Department support resources, including base-level services, crisis pathways, and clinical referral infrastructure aligned to co-created protocols, optimizing the use of existing investments rather than duplicating such investments.
(11)
added
Evidence-based cognitive readiness environments at participating installations using sensory and cognitive stimulation technologies with documented peer-reviewed evidence of measurable improvements in stress recovery and cognitive performance outcomes following use.
(12)
added
Outcome tracking and data collection capabilities across its integrated components, including biometric, assessment-based, and clinical utilization measures of cognitive readiness, designed to support Department-wide warfighter performance reporting requirements.
(13)
added
Commercially availability and contractability under existing Federal acquisition pathways, with a preference for capabilities with documented prior performance in military environments, to enable rapid deployment following program authorization without delay to execution.
(d)
added
Metrics— The Secretary shall evaluate the pilot program using the following metrics:
(1)
added
Cognitive performance outcomes, including sustained attention, reaction time under stress, and validated measures of stress and resilience.
(2)
added
Sleep quality indicators, including member survey data and sleep medication usage rates.
(3)
added
Behavioral health referral and counseling center usage rates at participating installations.
(4)
added
Related clinical care wait times and limited duty assignment rates attributable to stress and behavioral health conditions.
(5)
added
Use and results of cognitive training tools and technologies, including data on attention, focus, relaxation, and workload regulation.
(6)
added
The level of engagement of members of the Armed Forces and their families, including number of sessions and average hours of substantive program use per active participant.
(7)
added
Program cost efficiency indicators, including estimated reductions in clinical care use and behavioral health-related attrition.
(1)
added
In general— Not later than one year after the commencement of the pilot program under subsection (b), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation and outcomes of the program. Such report shall include—
(A)
added
the evaluation of the pilot program using the metrics under subsection (d);
(B)
added
an assessment of whether the program reduced attrition and improved cognitive performance and resilience among participating members of the Armed Forces; and
(C)
added
a recommendation as to whether the Department of Defense should expand the program across additional installations or populations.
(2)
added
Form— The report required under this subsection shall be submitted in unclassified form but may contain a classified annex.
Sec. 1099L
Revocation of Security Clearances for Certain Persons
added
(a)
added
Prohibition— Notwithstanding any other provision of law, the Secretary of Defense shall suspend or revoke a security clearance or eligibility for access to classified information for any retired or separated member of the Armed Forces or civilian employee of the Department of Defense who engages in an activity described in subsection (b).
(b)
added
Activities described— The activities described in this subsection are lobbying activities or lobbying contacts for or on behalf of any entity that is—
(1)
added
identified by the Secretary of Defense in the most recent report submitted under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and
(2)
added
included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury.
(c)
added
Waiver— The Secretary of Defense may, for periods not to exceed 180 days, waive the application of the prohibition in subsection (a) for an individual if the Secretary certifies to the congressional defense committees that doing so is in the national security interest of the United States.
(d)
added
Definitions— In this section:
(1)
added
The term “congressional defense committees” has the meaning given the term in section 101(a) of title 10, United States Code.
(2)
added
The term “lobbying activities” has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
(3)
added
The term “lobbying contact” has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), except that clause (iv) of paragraph (8)(B)(iv) of such section shall not apply.
Sec. 1110
Enhanced hiring authority for instructor pilots and civilian simulator instructors
(a)
Direct hire— The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, (other than sections 3303, 3307, and 3328 of such chapter), qualified candidates to instructor pilot positions and civilian simulator instructor positions.
(b)
Rates of pay— The Secretary may set annual rates of pay for such positions without regard to the provisions chapters 51 and 53 (relating to classification and pay rates) of such title 5. Such rates shall be equal to the annual rate of pay for positions in private industry comparable to instructor pilot positions and civilian simulator instructor positions, as determined by the Secretary.
(c)
Recruitment and retention authority— The Secretary may use the authority provided under sections 5373 and section of title 5, United States Code, for the payment of recruitment, relocation, and retention incentives to instructor pilots and civilian simulator instructors or applicants to such positions.
(d)
Study and report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall conduct a study on the hiring authorities issued under this section and submit a report on such study to the congressional defense committees. Such study shall include information with respect to the following:
(1)
How the authority under this section is being used, including—
(A)
how many instances such authority has been used and where the authority is being used;
(C)
changed
the hiring incentives, recruitment bonuses, and special pay authorities used under this sectionsection.
(A)
vacant instructor pilot positions and civilian simulator instructor positions filled using such authority; and
(B)
vacant instructor pilot positions and civilian simulator instructor positions remaining.
(3)
Any additional authorities necessary to ensure the Secretary is able to hire and retain instructor pilots and civilian simulator instructors.
(e)
Sunset— The authority under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 1119
Demonstration project relating to pay and personnel policies for employees at Naval shipyards, Navy regional maintenance centers, and Navy trident refit facilities
(a)
Commencement— The Secretary of Defense, through the Secretary of the Navy, is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the maintenance and sustainment of ships, submarines, and their associated systems at shipyards, regional maintenance centers, and trident refit facilities of the Department of the Navy.
(1)
renumbered
was (3)(2)
Title 5— Section 4703 of title 5, United States Code, shall apply to the demonstration project under this section, except that—
(A)
renumbered
was (3)(2)(3)
subsection (d)(1)(A) of such section 4703 shall be applied by substituting “60,000” for “5,000”; and
(B)
renumbered
was (3)(2)(4)
subsection (d)(1)(B) of such section 4703 shall not apply.
(2)
renumbered
was (3)(3)
Prevailing rate employees— The demonstration project under this section shall only apply to prevailing rate employees.
(c)
Terms and conditions— Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall include the following:
(1)
Pay band structures that provide maximum flexibility to attract and retain employees with critical skills, including into apprentice programs.
(2)
Trades, technical, and leadership career paths that provide advancement opportunities for employees to progress through the bands based on performance and contribution to the mission.
(3)
Broad classification authority not otherwise subject to current government classification and job grading standards.
(4)
A performance management system that emphasizes desired mission outcomes and workforce alignment to Navy priorities.
(5)
Pay flexibilities that promote opportunities for greater recruitment and retention of shipyard employees.
(d)
Effect of reorganizations— The applicability of this section to an organization or team shall not terminate as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change.
(1)
In general— The Secretary of Defense shall designate an independent organization to conduct two assessments of this demonstration project described in subsection (a).
(2)
Requirements— Each such assessment shall include the following:
(A)
A description of the workforce included in the project.
(B)
An explanation of the flexibilities used in the project to appoint individuals to the Navy workforce participating in the demonstration project and whether those appointments are based on competitive procedures and recognized veteran’s preferences.
(C)
An explanation of the flexibilities used in the project to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement.
(D)
The steps taken to ensure that such system is fair and transparent for all employees in the project.
(E)
An explanation of how the project allows the organization to better meet mission needs.
(F)
An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.
(G)
A description of the processes for—
(i)
ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and
(ii)
setting timetables for performance appraisals.
(H)
The project’s impact on career progression.
(I)
The project’s appropriateness or inappropriateness in light of the complexities of the workforce affected.
(J)
The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project.
(K)
Whether there is a process for ensuring employee involvement in the development and improvement of the project.
(3)
Schedule— The first assessment under this subsection shall be completed not later than September 30, 2028. The second and final assessment shall be completed not later than September 30, 2033. The Secretary shall submit to the covered congressional committees a copy of each assessment within 30 days after receiving the assessment.
(f)
Covered congressional committees— In this section, the term covered congressional committees means—
(1)
the Committees on Armed Services of the Senate and the House of Representatives;
(2)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(3)
the Committee on Oversight and Government Reform of the House of Representatives.
(g)
Termination of authority— The authority to conduct a demonstration project under this section shall terminate on the date that is 3 years after the date of the enactment of this Act.
(h)
Conversion— Not later than 6 months after the authority to conduct a demonstration project under this section is terminated under subsection (g), employees in the project shall convert to the civilian personnel system created pursuant to section 9902 of title 5, United States Code.
Sec. 1120
Demonstration project relating to pay and personnel policies for prevailing rate employees at covered depots
(a)
Commencement— The Secretary of Defense, through the Secretary of the Army, is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the maintenance and sustainment of covered depots (as that term is defined in section 2476 of title 10, United States Code).
(1)
renumbered
was (3)(2)
Title 5— Section 4703 of title 5, United States Code, shall apply to the demonstration project under this section, except that—
(A)
renumbered
was (3)(2)(3)
subsection (d)(1)(A) of such section 4703 shall be applied by substituting “60,000” for “5,000”; and
(B)
renumbered
was (3)(2)(4)
subsection (d)(1)(B) of such section 4703 shall not apply.
(2)
renumbered
was (3)(3)
Prevailing rate employees— The demonstration project under this section shall only apply to prevailing rate employees.
(c)
Terms and conditions— Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall include the following:
(1)
Pay band structures that provide maximum flexibility to attract and retain employees with critical skills, including into apprentice programs.
(2)
Trades, technical, and leadership career paths that provide advancement opportunities for employees to progress through the bands based on performance and contribution to the mission.
(3)
Broad classification authority not otherwise subject to current government classification and job grading standards.
(4)
A performance management system that emphasizes desired mission outcomes and workforce alignment to Department priorities.
(5)
Pay flexibilities that promote opportunities for greater recruitment and retention of covered depot employees.
(d)
Effect of reorganizations— The applicability of this section to an organization or team shall not terminate as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change.
(1)
In general— The Secretary of Defense shall designate an independent organization to conduct two assessments of this demonstration project described in subsection (a).
(2)
Requirements— Each such assessment shall include the following:
(A)
A description of the workforce included in the project.
(B)
An explanation of the flexibilities used in the project to appoint individuals to the workforce participating in the demonstration project and whether those appointments are based on competitive procedures and recognized veteran’s preferences.
(C)
An explanation of the flexibilities used in the project to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement.
(D)
The steps taken to ensure that such system is fair and transparent for all employees in the project.
(E)
An explanation of how the project allows the organization to better meet mission needs.
(F)
An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.
(G)
A description of the processes for—
(i)
ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and
(ii)
setting timetables for performance appraisals.
(H)
The project’s impact on career progression.
(I)
The project’s appropriateness or inappropriateness in light of the complexities of the workforce affected.
(3)
Schedule— The first assessment under this subsection shall be completed not later than September 30, 2028. The second and final assessment shall be completed not later than September 30, 2033. The Secretary shall submit to the covered congressional committees a copy of each assessment within 30 days after receiving the assessment.
(f)
Covered congressional committees— In this section, the term covered congressional committees means—
(1)
the Committees on Armed Services of the Senate and the House of Representatives;
(2)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(3)
the Committee on Oversight and Government Reform of the House of Representatives.
(g)
Termination of authority— The authority to conduct a demonstration project under this section shall terminate on December 31, 2032.
(h)
Conversion— Not later than 6 months after the authority to conduct a demonstration project under this section is terminated under subsection (g), employees in the project shall convert to the civilian personnel system created pursuant to section 9902 of title 5, United States Code.
Sec. 1122
Codification of direct hire authority for domestic defense industrial base facilities, Major Range and Test Facilities Base, and Office of the Director of Operational Test and Evaluation
added
(a)
added
Codification— Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:
added
“1599k. Direct hire authority for domestic defense industrial base facilities, Major Range and Test Facilities Base, and Office of the Director of Operational Test and Evaluation
added
“(a) Defense industrial base facility and mrtfb—The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, qualified candidates to positions in the competitive service at any defense industrial base facility or the Major Range and Test Facilities Base, including to Navy Supervisor of Shipbuilding, Conversion, and Repair positions.
added
“(b) Office of the director of operational test and evaluation—The Secretary of Defense may, acting through the Director of Operational Test and Evaluation, appoint qualified candidates possessing an advanced degree to scientific and engineering positions within the Office of the Director of Operational Test and Evaluation without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title.
added
“(c) Definition of defense industrial base facility—In this section, the term “defense industrial base facility” means any Department of Defense depot, arsenal, or shipyard located within the United States and includes supporting units of a facility at an installation or base.”
(b)
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(c)
added
Conforming repeal— Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is repealed.
Sec. 1123
Report on workforce shortages among aviation maintenance technicians supporting military aircraft and maintenance
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess workforce shortages among aviation maintenance technicians supporting military aircraft and maintenance and submit a report on such assessment to the congressional defense committees.
Sec. 1124
Extension of postage stamp for breast cancer research
added
added
Section 414(h) of title 39, United States Code, is amended by striking “2027” and inserting “2037”.
Sec. 1206
Increase in funding threshold for the Regional Defense Fellowship Program
added
added
Section 345(d) of title 10, United States Code, is amended by striking “$35,000,000” and inserting “$50,000,000”.
Sec. 1218
Sense of congress on international defense exhibitions
added
added
It is the sense of Congress that the Department of Defense and its agencies should not participate in international defense exhibitions in any way until the Secretary of Defense certifies that such exhibitions and the jurisdictions in which they are located allow Israeli companies to fully participate in the exhibition and are not using restrictions or the threat of restrictions on any party’s participation in the exposition as a means of deterring Israel from defending itself.
Sec. 1238
United States–Poland military space cooperation program
added
(a)
added
Establishment— The Secretary of Defense shall establish a United States-Republic of Poland Military Space Cooperation Program.
(b)
added
Purpose— The purpose of the program shall be to strengthen military cooperation between the United States and the Republic of Poland in support of space-enabled military operations, resilience, and preparedness.
(c)
added
Activities— The program may support the following activities:
(1)
added
Analysis and assessment of threats to military space capabilities and supporting infrastructure.
(2)
added
Development and dissemination of operational concepts, doctrine, tactics, techniques, procedures, and best practices relating to resilient positioning, navigation, and timing capabilities, satellite communications, space domain awareness, and space-enabled military operations.
(3)
added
Collection, analysis, and dissemination of operational lessons learned from contemporary conflicts regarding the employment, protection, and resilience of military space capabilities.
(4)
added
Military exercises, training events, simulations, wargames, personnel exchanges, and other cooperative military activities involving personnel of the United States and the Republic of Poland.
(5)
added
Collaboration, as appropriate, with commercial entities, federally funded research and development centers, academic institutions, and other organizations on matters relating to military space operations, space resilience, satellite communications, positioning, navigation, and timing capabilities, and related emerging technologies.
(6)
added
Such other activities as the Secretary of Defense determines necessary to advance the purposes of the program.
(d)
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 describing—
(1)
added
plans for implementation of the program;
(2)
added
anticipated contributions of the United States and the Republic of Poland;
(3)
added
opportunities to incorporate operational lessons learned from the conflict in Ukraine into military space cooperation activities under the program; and
(4)
added
any legislative or policy recommendations necessary to support the activities of the program.
Sec. 1239
United States–Poland Special Operations Cooperation Program
added
(a)
added
Establishment— The Secretary of Defense shall establish a United States–Poland Special Operations Cooperation Program.
(b)
added
Purpose— The purpose of the Program shall be to enhance cooperation between the special operations forces of the United States and the Republic of Poland through the development, integration, and exchange of knowledge, doctrine, training, and operational lessons related to—
(1)
added
special operations;
(2)
added
irregular warfare;
(3)
added
unconventional warfare;
(4)
added
support to territorial defense forces;
(5)
added
countering hybrid warfare activities;
(6)
added
operations in contested environments; and
(7)
added
lessons learned from contemporary armed conflicts relevant to such activities.
(c)
added
Activities— The Program may include the following activities:
(1)
added
Development and dissemination of doctrine, concepts, tactics, techniques, and procedures.
(2)
added
Collection, analysis, and publication of operational lessons learned.
(3)
added
Joint training, seminars, workshops, and professional military education activities.
(4)
added
Operational experimentation and assessments of emerging technologies applicable to special operations missions.
(5)
added
Exchanges of military personnel, instructors, and subject matter experts.
(6)
added
Such other activities as the Secretary of Defense determines necessary to carry out the purposes of the Program.
Sec. 1239A
Report on Moldova airspace defense requirements and options
added
(a)
added
Report required— Not later than March 1, 2027, the Commander of United States European Command shall submit to the congressional defense committees a report on options to support the development of the territorial airspace awareness and defensive capabilities of the Republic of Moldova using existing Department of Defense security cooperation authorities.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An assessment of the current air surveillance, counter-unmanned aircraft system, and short-range air defense capabilities of the Republic of Moldova, including identified capability gaps and operational shortfalls.
(2)
added
An assessment of options to improve Moldova’s airspace awareness through radar coverage, sensor networks, communications infrastructure, and command-and-control capabilities.
(3)
added
An assessment of training, personnel, sustainment, and institutional requirements associated with potential security cooperation activities to enhance Moldova’s airspace awareness and defensive capabilities.
(4)
added
A description of feasible support activities that could be conducted under existing Department of Defense authorities, including section 333 of title 10, United States Code, military exercises, training activities, the State Partnership Program, and other applicable security cooperation programs.
(5)
added
An assessment of opportunities for coordination with allies and partners to support Moldova’s airspace awareness and defensive capabilities.
(6)
added
A description of any additional authorities the Secretary of Defense determines may be necessary to improve support for the development of Moldova’s airspace awareness and defensive capabilities.
(c)
added
Form— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 1248
Extension and modification of Indo-Pacific Maritime Security Initiative
added
(a)
added
Expansion of types of assistance and training— Subsection (c) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4333 note) is amended—
(1)
added
by redesignating paragraph (2) as paragraph (3); and
(2)
added
by inserting after paragraph (1) the following new paragraph:
added
“(2) Demonstration and operational test and evaluation of uncrewed systems and asymmetric operational concepts—During the period ending on December 31, 2028, assistance provided under subsection (a)(1)(A) may also include the provision, in coordination with the Department of State, of the following:
added
“(A) Operational test and evaluation of uncrewed systems and asymmetric operational concepts as part of other assistance to the national military or other security forces described in subsection (a)(1)(A)(i) or the other national level governmental organizations described in subsection (a)(1)(A)(ii).
added
“(B) Demonstration of uncrewed systems and asymmetric operational concepts as part of other assistance to the national military or other security forces described in subsection (a)(1)(A)(i) or the other national-level governmental organizations described in subsection (a)(1)(A)(ii).”
(b)
added
Modification of report period— Subsection (i)(1) of such section is amended by striking “calendar year” in the matter preceding subparagraph (A) and in subparagraph (G) and inserting “fiscal year”.
(c)
added
Extension— Subsection (j) of such section is amended by striking “December 31, 2027” and inserting “December 31, 2031”.
Sec. 1249
Plan to counter People’s Republic of China influence and activities in the Freely Associated States
added
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall conduct a comprehensive analysis of PRC influence and activities in the Freely Associated States, and develop recommendations and a plan to counter such influence and activities.
(2)
added
Coordination— In developing the plan required under paragraph (1), the Under Secretary of Defense for Policy shall coordinate, as appropriate, with—
(A)
added
the Secretary of State;
(B)
added
the Director of National Intelligence;
(C)
added
the Commander, United States Indo-Pacific Command; and
(D)
added
the heads of other relevant Federal departments and agencies.
(3)
added
Elements— The plan required under paragraph (1) shall include the following:
(A)
added
An assessment of the scope, nature and objectives of PRC diplomatic, economic, military and intelligence activities in each of the Freely Associated States.
(B)
added
An identification of vulnerabilities within the FAS that the PRC has sought to exploit or may seek to exploit, including vulnerabilities related to economic development, governance and elite influence.
(C)
added
A description of recommended actions by the Department of Defense, in coordination with the Department of State, the Intelligence Community and other relevant Federal departments and agencies, to counter PRC influence and activities in the FAS.
(D)
added
An assessment of resources, authorities and personnel required to implement the plan.
(E)
added
A description of proposed engagement with FAS governments and other regional partners to strengthen United States relationships and build resilience against PRC influence operations.
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall submit to the congressional defense committees a report setting forth the analysis and plan required under subsection (c).
(2)
added
Form— The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e)
added
Definitions— In this section:
(1)
added
The term “Freely Associated States” means the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.
(2)
added
The term “Intelligence Community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
Sec. 1249A
Modification of authorization of sale to Australia of in-service Virginia Class submarines to provide for sale of additional in-service submarine in lieu of new construction submarine
added
(a)
added
Modification of authorization— Subsection (a) of section 1352 of the AUKUS Submarine Transfer Authorization Act (22 U.S.C. 10431 note) is amended—
(1)
added
by striking “two” and inserting “three”; and
(2)
added
by striking “, and transfer not more than one additional Virginia Class submarine to the Government of Australia on a sale basis”.
(b)
added
Technical amendments— Such section is further amended—
(1)
added
in subsection (a)—
(A)
added
by striking “Effective beginning on” and all that follows through “the President” and inserting “The President”; and
(B)
added
by striking “20-year period beginning on the date of the enactment of this Act” and inserting “20-year period beginning on December 22, 2023”;
(2)
added
in subsection (d)(4), by striking “the date of the enactment of this Act” and inserting “December 22, 2023 ”; and
(3)
added
in subsection (i)(1)—
(A)
added
in the matter preceding subparagraph (A), by striking “Not later than” and all that follows through “15 years” and inserting “Not later than July 1 of each year through 2039”; and
(B)
added
in subparagraph (D), by striking “over the” and all that follows through “this Act” and inserting “through December 22, 2038”.
Sec. 1249B
Strategic partnership on defense industrial priorities between the United States and Taiwan
added
added
The Secretary of Defense shall seek to establish a partnership between the Department of Defense and appropriate counterparts of Taiwan in order to—
(1)
added
enhance market opportunities for United States-based and Taiwan-based defense technology companies;
(2)
added
bolster Taiwan’s defense industrial base;
(3)
added
harmonize global security posture through emerging technology;
(4)
added
counter the Chinese Communist Party and Chinese Communist Party-aligned adversarial proxy group development of dual-use defense technologies; and
(5)
added
in coordination with appropriate counterpart offices of the Taiwan Ministry of National Defense—
(A)
added
enable coordination on defense industrial priorities;
(B)
added
streamline emerging defense technology research and development;
(C)
added
create more pathways to market for defense technology startups; and
(D)
added
collaborate on the coordinated development of dual-use defense capabilities, such as the following:
(iii)
added
Directed energy weapons.
(iv)
added
Artificial Intelligence.
(v)
added
Missile technology.
(vi)
added
Intelligence, surveillance, and reconnaissance technology.
Sec. 1249C
Joint United States–Taiwan research, development, test, and evaluation program
added
(a)
added
In general— The Secretary, in coordination with the Director of the Defense Security Cooperation Agency and in consultation with the Secretary of State, shall seek to carry out with Taiwan a joint research, development, test, and evaluation program (in this section referred to as the “Program”) to accelerate the development and transition of unmanned aircraft systems and counter-UAS systems.
(b)
added
Program activities— In carrying out the Program, the Secretary may, with respect to unmanned aircraft systems and counter-UAS systems—
(1)
added
research, develop, test, and evaluate such systems, and related enabling technologies, jointly with Taiwan, including by prototyping;
(2)
added
fund the development of critical components of such systems, including sensors, autonomy software, control systems, communications modules, and propulsion technologies;
(3)
added
test, evaluate, and experiment with respect to such systems in relevant operational environments jointly with Taiwan;
(4)
added
integrate systems developed under the Program into exercises, demonstrations, and operational use; and
(5)
added
transition systems and technologies developed under the Program to production using available authorities.
(c)
added
Priorities— In carrying out the Program, the Secretary shall prioritize systems and technologies that—
(1)
added
address capability gaps identified by the Commander of the United States Indo-Pacific Command;
(2)
added
demonstrate the capability to transition to production and operational use within 24 to 36 months; and
(3)
added
support interoperability and integration with respect to the United States Armed Forces and the military forces of Taiwan.
(d)
added
Coordination— The Secretary shall ensure that activities under the Program—
(1)
added
are coordinated with the Commander of the United States Indo-Pacific Command;
(2)
added
leverage contributions from Taiwan, including financial and in-kind support; and
(3)
added
align with existing security cooperation and technology development programs.
(e)
added
Report required— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that—
(1)
added
identifies activities funded under the Program and the funding levels of such activities;
(2)
added
evaluates progress toward testing, production, or operational use of systems developed under the Program;
(3)
added
describes contributions to the Program from Taiwan, including financial and in-kind support;
(4)
added
evaluates alignment of the Program with operational requirements of the United States Indo-Pacific Command; and
(5)
added
identifies barriers to transitioning systems and technologies developed under the Program and provides recommendations to address such barriers.
(f)
added
Definitions— In this section:
(1)
added
Counter-UAS system; unmanned aircraft system— The terms “counter-UAS system” and “unmanned aircraft system” have the meanings given such terms in section 44801 of title 49, United States Code.
(2)
added
Secretary— The term “Secretary” means the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering.
Sec. 1249D
Plan required for full participation by Taiwan in the Rim of the Pacific exercise
added
added
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall create a plan for the naval forces of Taiwan to fully participate in the Rim of the Pacific exercise conducted in 2028.
Sec. 1249E
Annual report on space capabilities of the People’s Republic of China
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through the date that is three years after the date of submission of the first report under this subsection, the Secretary of Defense and the Secretary of Commerce shall jointly submit to the appropriate congressional committees a report on covered space capabilities of the People’s Republic of China.
(b)
added
Form— Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c)
added
Public availability— Not later than the date on which the Secretary of Defense and the Secretary of Commerce submit to the appropriate congressional committees a report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall jointly make the unclassified portion of the report publicly available on websites of the Department of Defense and the Department of Commerce.
(d)
added
Contents— Each report under subsection (a) shall include the following:
(1)
added
An inventory of covered space capabilities of the People’s Republic of China, including a description, to the extent practicable, of capabilities of PRC-affiliated entities relating to the following:
(A)
added
Launch systems, including space launch vehicles, launch sites, and launch support infrastructure.
(B)
added
Satellites and spacecraft, including for—
(i)
added
intelligence, surveillance, and reconnaissance;
(ii)
added
navigation and positioning; and
(iii)
added
communications.
(C)
added
Space stations and human spaceflight capabilities.
(D)
added
Ground systems, including command and control, tracking, telemetry, and data receiving and processing.
(2)
added
An assessment of the readiness of the covered space capabilities described in paragraph (1), including an assessment of operational status, surge capacity, sustainment, resiliency, and the ability to support military and civil missions.
(3)
added
An assessment of counterspace capabilities of the People’s Republic of China, including capabilities of PRC-affiliated entities relating to the following:
(A)
added
Kinetic and nonkinetic antisatellite capabilities.
(B)
added
Electronic warfare, including jamming and spoofing.
(C)
added
Cyber capabilities affecting space systems, ground systems, and associated networks.
(D)
added
Rendezvous and proximity operations and other capabilities that could be used to interfere with or degrade the operation of spacecraft.
(4)
added
An assessment of the space industrial base and space-related supply chains of the People’s Republic of China, including significant dependencies, chokepoints, and constraints.
(5)
added
An assessment of pathways by which the People’s Republic of China and PRC-affiliated entities acquire space-related technology, expertise, components, and services, including through licit and illicit means.
(6)
added
A description of material changes during the one-year period preceding the date of the report in the covered space capabilities, readiness, counterspace capabilities, industrial base, and technology acquisition pathways described in paragraphs (1) through (5).
(7)
added
If the Secretary of Defense and the Secretary of Commerce include a classified annex under subsection (b), such annex shall include additional information the Secretaries determine appropriate, including information necessary to describe capabilities, readiness, or intent with greater specificity, consistent with the protection of sources and methods.
(e)
added
Consultation— In preparing each report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall consult with the Director of National Intelligence and the heads of other Federal departments and agencies the Secretaries determine appropriate.
(f)
added
Submission of classified annex— The Secretary of Defense and the Secretary of Commerce shall submit any classified annex included with a report under subsection (b) only to the appropriate congressional committees, and shall submit such annex in accordance with applicable congressional and executive branch procedures for the handling of classified information.
(g)
added
Definitions— In this section:
(1)
added
The term appropriate congressional committees means the following:
(A)
added
The Committee on Armed Services of the House of Representatives.
(B)
added
The Committee on Armed Services of the Senate.
(C)
added
The Committee on Appropriations of the House of Representatives.
(D)
added
The Committee on Appropriations of the Senate.
(E)
added
The Committee on Science, Space, and Technology of the House of Representatives.
(F)
added
The Committee on Commerce, Science, and Transportation of the Senate.
(2)
added
The term control means the power, directly or indirectly, whether exercised or exercisable, to determine, direct, or decide important matters affecting an entity.
(3)
added
The term covered space capabilities means space-related capabilities, systems, infrastructure, or services, whether civil or military, relating to launch, satellites and spacecraft, space stations and human spaceflight, intelligence, surveillance, and reconnaissance, navigation and positioning, communications, or ground systems.
(4)
added
The term People’s Republic of China includes the Government of the People’s Republic of China, the Chinese Communist Party, and the People’s Liberation Army.
(5)
added
The term PRC-affiliated entity means any entity, wherever organized or operating, that—
(A)
added
is organized under the laws of the People’s Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region;
(B)
added
is owned or controlled by one or more PRC persons, the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army; or
(C)
added
acts on behalf of, at the direction of, or for the benefit of the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army.
(6)
added
The term PRC person means—
(A)
added
a citizen or national of the People’s Republic of China;
(B)
added
an entity organized under the laws of the People’s Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; or
(C)
added
an entity owned or controlled by a person described in subparagraph (A) or (B).
Sec. 1254
Study and report on international security measures on the border between Gaza and Egypt
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of State, shall conduct a study on steps that Israel, Egypt, and the United States can take to enhance international security measures on the border between Gaza and Egypt to ensure Hamas and other actors do not use tunnels or methods via the Mediterranean Sea to smuggle weapons and illicit goods.
(1)
added
In general— The Secretary shall submit to the appropriate congressional committees a report that contains the results of the study.
(2)
added
Matters to be included— The report required by this subsection shall include a description and map indicating existing tunnels on the border between Gaza and Egypt.
(3)
added
Definition— In this subsection, the term “appropriate congressional committees” means—
(A)
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B)
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1255
Annual report on Taiwan capabilities and intelligence support
added
added
Section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “fiscal year 2027, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and the heads of other relevant Federal departments and agencies, shall jointly” and inserting “fiscal year 2031, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall”;
(B)
added
in paragraph (2), by striking “ability of Taiwan” and inserting “readiness of the Taiwan military”;
(C)
added
by redesignating paragraph (16) as paragraph (19); and
(D)
added
by adding after paragraph (15) the following:
added
“(16) An assessment regarding how Japan, the Republic of Korea, the Philippines, Vietnam, and Australia would likely respond to contingencies, including—
added
“(A) a military strike or invasion of Taiwan or an offshore island of Taiwan, including Kinmen, Matsu, Wuciou, Taiping Island, and Penghu;
added
“(B) a commercial blockade of Taiwan in which international vessels are subjected to search or seizure by the People’s Liberation Army;
added
“(C) a major cyberattack against the critical infrastructure of Taiwan; and
added
“(D) a seizure of one or more of Taiwan’s offshore islands or territorial claims.
added
“(17) Guidance for representatives from the military of Taiwan to attend, as observers and as appropriate, joint military exercises led by the United States, such as the biennial Rim of the Pacific exercise.
added
“(18) An assessment of the feasibility of using economic tools, including export controls, sanctions, and tariffs, to deter China from carrying out the actions described in subparagraphs (A) through (D) of paragraph (16).”
(2)
added
in subsection (b)—
(A)
added
in paragraph (2), by striking “; and” and inserting a semicolon;
(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:
added
“(4) an assessment of how the United States Armed Forces could marshal resources to respond to the actions described in subparagraphs (A) through (E) of subsection (a)(16), based on the force posture and stockpiles of the Armed Forces.”
Sec. 1262
Study and report on advancing United States interests in the Western Hemisphere
added
(a)
added
Findings— Congress finds that there are unconventional transnational threat networks that—
(1)
added
are centered on, but not exclusive to, drug trafficking organizations; and
(2)
added
the President’s National Security Strategy has identified as challenges to the core national interests of the United States.
(b)
added
Study— The Secretary of Defense shall carry out a study of the major threat networks operating in the Western Hemisphere, with the purpose of revealing their principal leaders, capabilities, activities, methods, infrastructure, financial assets, and weapons, as well as how they overlap with drug trafficking organizations. In carrying out the study, the Secretary should prioritize such major threats that—
(1)
added
threaten the homeland;
(2)
added
abet international terrorism;
(3)
added
smuggle illegal drugs or supply weapons;
(4)
added
are heavily reliant on entities not located in the Western Hemisphere; or
(5)
added
traffic human beings or facilitate mass migration.
(c)
added
Report— Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report containing—
(1)
added
all findings and determinations made in carrying out the study required under subsection (b);
(2)
added
a comparison of the threats identified in such study to the global threat priorities of the Department of Defense; and
(3)
added
an explanation of how the Department of Defense plans to coordinate with the heads of other appropriate departments and agencies of the United States to use the resources of the Department, in coordination with criminal prosecutions, diplomacy, and other tools, to dismantle the major threat networks studied under subsection (b).
Sec. 1414
Government-wide critical mineral procurement and resale authorities feasibility study
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of the Interior, the Secretary of Commerce, the Administrator of the General Services Administration, and the heads of other relevant Executive agencies, shall carry out a study on the feasibility of providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense.
(b)
added
Contents— The study required by subsection (a) shall include the following:
(1)
added
An assessment of the need of Executive agencies for critical mineral procurement and resale authorities similar to those of the Secretary of Defense.
(2)
added
An evaluation of the legal, regulatory, and logistical barriers to providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense.
(3)
added
An analysis of the economic and strategic effects of allowing Executive agencies to resell excess critical minerals on the open market, including potential effects on the domestic supply chains and international trade.
(4)
added
Recommendations for legislative or regulatory changes necessary to providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense, including safeguards to prevent market disruption or misuse of proceeds resulting from the use of such authorities by such heads.
(c)
added
Report to Congress—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study required by subsection (a).
(2)
added
Form— The report required by paragraph (1) shall be in an unclassified form, but may include as classified annex.
(d)
added
Definitions— In this section:
(1)
added
The term critical mineral has the meaning given such term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(2)
added
The term critical mineral procurement and resale authority includes any statutory authority of a Executive agency to acquire, stockpile, manage, sell, exchange, or otherwise dispose of critical minerals for purposes of national security, economic security, or emergency preparedness, including authorities under section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) and the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), and any other authority that the Secretary of Defense determines relevant.
(3)
added
The term Executive agency has the meaning given such term in section 105 of title 5, United States Code.
Sec. 1508
Cyber incident reporting requirements for operationally critical contractors
added
added
Section 391 of title 10, United States Code, is amended—
(1)
added
in subsection (c), by amending paragraph (2) to read as follows:
added
“(2) Rapid reporting—The procedures established pursuant to subsection (a) shall require each operationally critical contractor to report to the component of the Department designated pursuant to subsection (d)(2)(A)—
added
“(A) on a rapid basis, each cyber incident with respect to any network or information system of such contractor, including for each such incident—
added
“(i) an assessment by the contractor of the effect of the incident on the ability of the contractor to meet the contractual requirements of the Department;
added
“(ii) the technique or method used in such incident;
added
“(iii) a sample of any malicious software, if discovered and isolated by the contractor, involved in such incident; and
added
“(iv) a summary of the information compromised by such incident; and
added
“(B) promptly, but not later than 72 hours after discovery, each discovery within any network or information system of such contractor of any hardware, software, firmware, embedded technology, or update thereto that is manufactured by, is developed under the direction of, or includes source code or design contributions from, a covered Chinese entity, including for each such hardware, software, firmware, technology, or update—
added
“(i) a description of the hardware, software, firmware, technology, or update discovered and the network or system on which it resides;
added
“(ii) the function and integration level of such hardware, software, firmware, technology, or update;
added
“(iii) the date, method, and circumstances of discovery; and
added
“(iv) any immediate mitigation or isolation measures undertaken.”
(2)
added
in subsection (e), by adding at the end the following new paragraph:
added
“(3) Covered Chinese entity defined—The term covered Chinese entity means an entity—
added
“(A) organized under the laws of, or primarily subject to the jurisdiction of, the People’s Republic of China;
added
“(B) owned by, controlled by, or subject to the direction of the Government of the People’s Republic of China or the Chinese Communist Party; or
added
“(C) identified on the list of Chinese military companies operating in the United States under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note), or any successor provision.”
Sec. 1509
Interim data protection measures for the Department of Defense
added
(a)
added
Data protection review— The Secretary of Defense shall ensure that, not later than 45 days after the date of the enactment of this Act, each portfolio acquisition executive initiates a narrow, expeditious review of each program of record assigned to such executive to determine whether it is feasible and practicable to incorporate into the program of record cryptographic protection described in subsection (b) in a manner that does not require replacement, modification, or augmentation of existing chips, cryptographic cards, radios, hardware security modules, or other physical components.
(b)
added
Cryptographic protection— The cryptographic protection described in this subsection is utility-based, software-only data packet level cryptographic protection that—
(1)
added
advances data protection for the program of record toward the migration to post quantum cryptography on or before December 31, 2030, as directed in the memorandum of the Chief Information Officer dated November 18, 2025 (relating to “Preparing for Migration to Post Quantum Cryptography”);
(2)
added
is, or is compatible with, a lattice-based, symmetric, asymmetric, or hybrid cipher capable of providing security strength of or exceeding Advanced Encryption Standard with a 256-bit key (AES-256), including post-quantum security key encapsulation at greater than 1024-bit and digital signature mechanisms and other parameters defined by the Chief Information Officer;
(3)
added
is capable of directly combining cryptographic key material with access controls and authorization constraints or policies controlled by the Department of Defense, a multi-factor key for user identity management and device authentication through the encryption process at the data or key level, and can guarantee provenance between the sender and the receiver of data;
(4)
added
provides capability for variable symmetric encryption strengths of at least 512-bit with minimal degradation of encryption decryption speed; and
(5)
added
provides full key custody and control to the data owner within the Department of Defense, consistent key sovereignty, including no requirement for key escrow, replication, derivation, or retention of cryptographic keys by third-party vendors.
(c)
added
Approval— Software providing the cryptographic protection described in subsection (b) shall be approved by the Chief Information Officer of the Department of Defense before it is deployed in any program of record.
(d)
added
Future programs of record— The Secretary of Defense shall ensure that each program of record established after the date of the enactment of this Act incorporates cryptographic protection described in subsection (b) from inception, to the extent it is feasible and practicable to do so.
(e)
added
Pooled implementation— The Chief Information Officer is authorized to direct pooled acquisitions of licenses for cryptographic protection described in subsection (b) for use by programs of record across one or more programs in one or more military departments or other elements of the Department.
(f)
added
Vendor lock— The Secretary of Defense shall ensure, in acquiring any cryptographic protection described in subsection (b), that the Department retains the legal and technical capability to decrypt, access, and migrate its encrypted data upon termination of the contract, without cost and without extending the contract.
(g)
added
Multi-year term— A contract for cryptographic protection described in subsection (b) may have a multi-year term if the contract contains a clause for the Department of Defense to opt out of the contract every two years.
(h)
added
Relationship to existing guidance— The Secretary of Defense shall ensure that this section is implemented in a manner that is consistent with, and seeks to advance, the zero-trust initiatives and classified network protection requirements of the Department of Defense.
Sec. 1510
Report on integration of commercial cyber capabilities into the joint cyber warfighting architecture
added
(a)
added
Report required— Not later than March 1, 2027, the Assistant Secretary of Defense for Cyber Policy, in coordination with the Commander of the United States Cyber Command, shall submit to the congressional defense committees a report on the integration of commercial cyber capabilities into the Joint Cyber Warfighting Architecture.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
A description of actions taken by United States Cyber Command to incorporate commercial technologies and capabilities into operational cyber activities.
(2)
added
An assessment of the role of commercially developed capabilities, including the PATHFINDER initiative, in supporting targeting, access, operational agility, and other offensive cyber mission requirements.
(3)
added
An assessment of how commercially developed capabilities may complement, enhance, or be integrated into the Joint Cyber Warfighting Architecture.
(4)
added
A description of any challenges, limitations, or barriers to the integration of commercial cyber capabilities into operational cyber architectures and activities.
(5)
added
A detailed accounting of planned funding for commercially developed cyber capabilities, including capabilities associated with the PATHFINDER initiative, across the future-years defense program, identified by appropriation account, budget activity, program element, and, where applicable, project line.
(6)
added
Any recommendations for improving the integration and operational employment of commercially developed cyber capabilities within the Department of Defense.
Sec. 1511
Department of Defense cloud security authorization reciprocity pilot program
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall, in consultation with the Director of the Defense Information Systems Agency, establish a pilot program on cloud security authorization reciprocity to assess the feasibility and advisability of creating a reciprocal compliance baseline between the Federal Risk and Authorization Management Program (“FedRAMP”) for civilian agency networks and the Cloud Computing Security Requirements Guide (“CC SRG”) of the Department of Defense for Department of Defense networks and national security systems.
(b)
added
Selection of solutions— Under the pilot program required by subsection (a), the Chief Information Officer shall select a minimum of five cybersecurity solutions authorized at the FedRAMP high impact level and perform an accelerated assessment to validate them for CC SRG impact level 5.
(c)
added
Report to congressional committees—
(1)
added
In general— Not later than one year after the date of the establishment of the pilot program required by subsection (a), the Chief Information Officer shall submit to the congressional defense committees a report on the findings of the Chief Information Officer with respect to the pilot program.
(2)
added
Contents— The report submitted under paragraph (1) shall cover the following:
(A)
added
The findings described in paragraph (1), including a detailed analysis of benefits, risks, and any specific security control gaps.
(B)
added
A strategy and implementation plan to establish a reciprocal compliance mechanism for CC SRG and FedRAMP cybersecurity requirements.
(C)
added
An assessment of the feasibility and advisability of expanding the number of authorized cybersecurity solutions to participate in the pilot program.
(3)
added
Form— The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1524
Update of policy on autonomous and artificial intelligence-enabled systems
(a)
Policy update required— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall update policies and guidance of the Department of Defense, including by revising Department of Defense Directive 3000.09 (relating to Autonomy in Weapon Systems) and establishing or revising such additional Department policies and guidance as may be appropriate, governing—
(1)
autonomous and semi-autonomous weapon systems; and
(2)
artificial intelligence-enabled systems intended to support, recommend, or materially influence operational decisions associated with the employment of force, including systems used for operational planning, target development, weaponeering, or engagement recommendation.
(b)
Required policy elements— In updating the policies and guidance required by subsection (a), the Secretary shall ensure such policies and guidance include—
(1)
criteria for categorizing systems according to such factors as mission context, autonomy, human involvement, and operational consequence;
(2)
appropriate and operationally responsive requirements for approval, validation, oversight, and authorized operational use applicable to categories of systems identified pursuant to the criteria in paragraph (1);
(3)
realistic and combat-effective requirements for operator intervention, override mechanisms, and operational resilience;
(4)
requirements to preserve existing human command responsibility for the use of force involving autonomous systems or artificial intelligence-enabled systems, including procedures to identify the human commanders or operators responsible for authorizing, supervising, and terminating such use of force;
(5)
appropriate requirements for auditability, traceability, and accountability;
(6)
criteria and procedures for rapidly fielding capabilities following material changes to software, models, data, or operational context;
(7)
requirements for appropriate and operationally responsive risk mitigation measures and notifications applicable to systems granted conditional or temporary operational use;
(8)
requirements for operational testing, evaluation, and human training commensurate with mission risk and operational consequence, including training to promote calibrated reliance on artificial intelligence-enabled systems; and
(9)
processes and timelines for periodic review and reevaluation of approved systems and operational use cases.
(c)
Compliance with law— The Secretary shall ensure that the policies and guidance required by subsection (a) are consistent with applicable provisions of Federal law, including section 1638 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 491 note), and applicable Department policies and regulations.
(d)
Continuity of operations— This section does not require the Secretary to suspend or terminate any ongoing operations, activities, or programs pending completion of the updates required by subsection (a).
(e)
Interim report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a report to the congressional defense committees describing the progress of the Department toward completion of the updates required by subsection (a), including a preliminary assessment of the matters described in subsection (b).
(f)
Final policy briefing— Not later than 30 days after the completion of the updates required by subsection (a), the Secretary shall provide a briefing to the congressional defense committees on—
(1)
the updates completed under subsection (a);
(2)
the rationale supporting the updates, including the assessment of the Secretary with respect to each matter described in subsection (b); and
(3)
any recommendations for authorities, resources, or statutory changes.
(g)
Semiannual reports— Not less frequently than semiannually through December 31, 2032, the Secretary of Defense shall provide a report to the congressional defense committees regarding the implementation of the updates required by subsection (a), including—
(1)
systems and use cases reviewed under the updates required by subsection (a), including whether such systems and use cases were approved, restricted, suspended, or subject to additional review; and
(2)
any significant acquisition, resourcing, sustainment, or programmatic impacts resulting from implementation of the updates required by subsection (a).
(h)
added
Public availability of unclassified summary— For each report under subsection (g), the Secretary of Defense shall make available to the public an unclassified summary of the report, to the maximum extent practicable.
Sec. 1526
Requirement for memoranda of agreement regarding vulnerability disclosure and prohibition on procurement from IT providers who share cyber vulnerabilities with countries of concern
added
(a)
added
Requirement— On and after the date that is 270 days after the date of the enactment of this Act, the Secretary of Defense shall not enter into or renew a contract for the procurement of information technology with any entity that makes such technology commercially available to customers in a country of concern or has operations, subsidiaries, or personnel located in a country of concern unless such entity has entered into a memorandum of agreement with the Department of Defense in accordance with subsection (b).
(b)
added
Memorandum of agreement— The Secretary of Defense shall require an entity covered under subsection (a) to agree to a memorandum of agreement under which the entity shall—
(1)
added
disclose to the Department of Defense, prior to any advance disclosure to any other entity, all security vulnerabilities affecting the information technology procured under the contract; and
(2)
added
not provide advance disclosure of such vulnerabilities to any covered company.
(c)
added
Definitions— In this section:
(1)
added
The term advance disclosure means any action that preemptively and privately discloses information pertaining to security vulnerabilities to a select number of entities before publicly making such information available to the general public, including through a trusted partners program.
(2)
added
The term control means the power, direct or indirect, whether or not exercised, to determine, direct, dictate, or decide important matters affecting an entity, including through—
(A)
added
the ownership of at least 20 percent of the total outstanding voting interest in an entity;
(B)
added
board representation;
(C)
added
the ability to appoint or discharge any board members, officers, directors, employees, or contractors;
(D)
added
proxy voting, a special share, contractual arrangements, legal obligations, formal or informal arrangements to act in concert; or
(3)
added
The term country of concern has the meaning given the term covered nation in section 4872(f) of title 10, United States Code.
(4)
added
The term covered company means—
(A)
added
any entity owned or operated in whole or in part by a country of concern, or subject to the control of such country of concern, and any subsidiary or parent of such entity; or
(B)
added
any entity organized under the laws of a country of concern, or having its principal place of business in a country of concern, and any subsidiary of any such entity.
(5)
added
The term information technology has the meaning given the term in section 11101 of title 40, United States Code.
(6)
added
The term owned or operated in whole or in part means that a country of concern—
(A)
added
for an entity that is a publicly traded company, has the ability to control the company, has access to any material nonpublic technical information in the possession of the company, or has any other rights or involvement in directing, dictating, controlling, or participating in the decision-making of the company beyond those available to a retail investor holding an equivalent share of ownership; and
(B)
added
for an entity that is a privately held company, has any share of ownership of such company.
(7)
added
The term security vulnerability has the meaning given the term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(8)
added
The term trusted partners program means any initiative or program run by an information technology provider to provide advanced warnings of security vulnerabilities to defensive security providers for the purpose of helping such providers proactively develop defenses against such vulnerabilities.
(d)
added
Waiver— The Secretary of Defense may waive the requirement in subsection (a) on a case-by-case basis if the Secretary certifies, in writing, to the congressional defense committees that the procurement action is required in the national interest of the United States.
Sec. 1527
Army Quantum Readiness and Advanced Computing Initiative
added
(a)
added
Establishment— The Secretary of the Army shall establish an Army Quantum Readiness and Advanced Computing Initiative to prepare the Department of the Army for the integration of quantum computing, quantum-enabled technologies, and advanced computing capabilities into future operational, intelligence, logistics, and command-and-control missions.
(b)
added
Objectives— The Initiative shall—
(1)
added
identify Army operational applications of quantum computing, quantum sensing, quantum networking, and quantum-enabled artificial intelligence;
(2)
added
assess infrastructure requirements necessary to support future quantum and advanced computing capabilities, including power, cooling, networking, cybersecurity, and secure facilities;
(3)
added
evaluate acquisition pathways capable of accelerating the transition of quantum technologies from research and development into operational use;
(4)
added
identify opportunities to leverage partnerships among Army laboratories, academic institutions, federally funded research and development centers, and private industry;
(5)
added
develop a workforce strategy to support future Army quantum and advanced computing requirements; and
(6)
added
establish pilot projects to evaluate advanced computing infrastructure supporting future quantum-enabled capabilities.
(c)
added
Quantum readiness demonstration activities— The Secretary may establish demonstration activities to evaluate—
(1)
added
advanced computing architectures supporting quantum technologies;
(2)
added
quantum-enabled artificial intelligence applications;
(3)
added
post-quantum cybersecurity capabilities;
(4)
added
resilient and secure networking architectures; and
(5)
added
infrastructure necessary to support future Army quantum capabilities.
(d)
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report describing—
(1)
added
Army quantum readiness requirements;
(2)
added
recommended infrastructure investments;
(3)
added
workforce and educational requirements;
(4)
added
recommended pilot and demonstration activities; and
(5)
added
legislative or acquisition authorities necessary to accelerate Army quantum readiness.
Sec. 1541
Roadmap for modernization of Top Secret and Special Access Program network architectures
(a)
changed
In general— Not later than 180 days after the date of the enactment of this Act, section, the Secretary of Defense shall develop and submit to the congressional defense committees, and begin implementation of, a roadmap for the modernization of Department of Defense networks that process, store, or transmit information that is classified at the level of top secret or is designated as being within a special access program.
(b)
Elements— The roadmap required under subsection (a) shall include the following elements:
(1)
An assessment of the current architecture, capacity, security posture, and technical limitations of such networks, including identification of major capability gaps, cybersecurity risks, infrastructure limitations, and technical debt.
(2)
changed
Target or reference architectures for modernized environments for such networks, including enterprise-level and component-level networks, as appropriate.appropriate, with a preference for modern cloud-based platforms.
(3)
Milestones and timelines for transition from current environments to the target or reference architectures.
(4)
Plans to improve resilience, survivability, and operations of such networks in contested, degraded, or disconnected environments.
(5)
changed
Plans to improve interoperability and data sharing across such networks and relevant mission partner environments, as appropriate.appropriate, with priority on real time cross domain, multi-level data sharing both up and down classifications.
(6)
An assessment of high-performance computing and distributed computing requirements, whether locally or in cloud environments, necessary to support real-time sensor data fusion, advanced analytics, and artificial intelligence capabilities.
(7)
An assessment of the extent to which such networks support the operational requirements of combatant commands, including the ability to enable integration with joint and mission partner environments.
(8)
Identification of governance, roles, and responsibilities for modernization of such networks across the Department.
(9)
Estimated resource requirements necessary to implement the roadmap.
(10)
added
Identify and establish baseline domain-specific requirements and capabilities across elements of the Department, platform-as-a-service providers, and cloud service providers.
(c)
changed
Annual report— Not later than one year after the date of the enactment of this Act, section, and annually thereafter there after for each of the next five years, the Secretary shall submit to the congressional defense committees a report on progress in implementing the roadmap required under subsection (a).
(d)
Report elements— Each report submitted under subsection (c) shall include the following:
(1)
Progress made toward roadmap milestones and modernization goals.
(2)
Updates to the roadmap, as appropriate.
(3)
Major risks, delays, or challenges affecting implementation.
(4)
Budgetary resources requested and obligated for modernization of such networks.
(5)
Any recommendations that the Secretary considers appropriate for legislative or funding actions to implement the roadmap.
(e)
Form of roadmap and reports— The roadmap required by subsection (a) and the reports required by subsection (c) shall be submitted in classified form, but may include an unclassified summary.
Sec. 1543
Comptroller General assessment on sharing of cyber intelligence with State, local, Tribal, territorial, and private sector partners
added
(a)
added
Assessment— The Comptroller General of the United States shall conduct an assessment of sharing of cyber-related intelligence by the Department of Defense with State, local, Tribal, territorial, and private sector partners.
(1)
added
Submission— Not later than 60 days after the date on which the Comptroller General completes the assessment under subsection (a), the Comptroller General shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the results of the assessment.
(2)
added
Elements— The report under paragraph (1) shall include the following:
(A)
added
With respect to each element of the Department of Defense, a summary of the capabilities and practices of the element for sharing cyber-related intelligence with State, local, Tribal, territorial, and private sector partners.
(B)
added
An assessment of the effects of such sharing, including the timeliness, level of detail, and the degree to which intelligence is provided in a format that allows for technical correlation and network defense actions versus general situational awareness.
(C)
added
An assessment of the deconfliction and coordination processes between elements regarding such sharing.
(D)
added
A description of the role and effectiveness of the Department of Defense in such deconfliction and coordination process.
(E)
added
An assessment of how the security clearances of such partners affect such sharing.
(F)
added
An assessment of the legal, policy, and infrastructure barriers that prevent cleared private sector partners from operationalizing classified threat intelligence, including—
(i)
added
the lack of accredited, state-run facilities where partners can securely correlate classified government-provided indicators against their own proprietary network data; and
(ii)
added
the lack of statutory liability protections (such as State-level tort claims extensions) for private sector entities acting on classified intelligence provided by the government.
(G)
added
Recommendations for improvements for such sharing.
Sec. 1544
Report on threat of cyber attacks on university-affiliated research centers
added
added
The Secretary of Defense shall submit to Congress a report on the threat of cyber attacks, including cyber attacks carried out with the assistance of artificial intelligence, on university-affiliated research centers. The report shall include a plan for the Department of Defense to provide assistance to such centers against the threat of such attacks.
Sec. 1606
Continuation of Next-Generation Overhead Persistent Infrared Polar program of the Department of the Air Force
(a)
Requirement to continue, maintain, and execute program— Subject to the availability of appropriations made in advance for such purpose, the Secretary of the Air Force shall continue, maintain, and execute the Next-Generation Overhead Persistent Infrared Polar program, including Next Generation OPIR, Block 0 Polar, through launch of space vehicles one and two.
(b)
Program management— The Secretary shall manage Next Generation OPIR, Block 0 Polar as an active acquisition program and shall take all actions necessary to preserve program continuity, including maintaining program office responsibilities, executing planned development and integration activities, supporting contracting actions, preserving schedule, and conducting launch preparation activities necessary to support the launch of space vehicles one and two.
(c)
Limitation on use of funds for certain purposes— None of the funds authorized to be appropriated or otherwise made available for fiscal year 2027 for the Department of Defense may be obligated or expended to—
(1)
to terminate, close out, materially reduce, restructure, delay, or otherwise impede continuation of the Next-Generation Overhead Persistent Infrared Polar program, including Next Generation OPIR, Block 0 Polar, through the launch of space vehicles one and two; or
(2)
changed
for any activity not directly supporting Next Generation OPIR, Block 0 Polar, including closeout activities, termination activities, or activities solely supporting other missile warning and missile tracking architecturesarchitectures.
(d)
Program execution plan— Not later than 60 days after the date of the enactment of this section, the Secretary, in coordination with the Chief of Space Operations of the Space Force, shall submit to the congressional defense committees an execution plan for continuing Next Generation OPIR, Block 0 Polar through the launch of space vehicles one and two. Such plan shall include planned activities, schedule, major milestones, contracting actions, launch preparation activities, program office responsibilities, and obligation and expenditure plans for the funds authorized to be appropriated for such program.
Sec. 1607
Study on Indo-Pacific critical commercial satellite ground stations
added
(a)
added
Study— The Secretary of the Air Force (acting through the Space Systems Command), in consultation with the Commander of the United States Indo-Pacific Command, shall conduct a comprehensive study on the security, physical, cyber, and geopolitical vulnerabilities of commercially owned and operated satellite ground-based nodes located within the Indo-Pacific region that are relevant to a potential crisis or conflict in the region.
(b)
added
Elements— The study under subsection (a) shall include the following:
(1)
added
An assessment of key contractor owned and managed locations for both primary and backup capabilities in a crisis or conflict.
(2)
added
An assessment of physical vulnerabilities to adversary attacks, including with respect to unmanned aerial systems and unconventional warfare sabotage.
(3)
added
An analysis of potential cyber intrusions, remote information technology network breaches, signal jamming, and data spoofing targeting commercial uplink and downlink infrastructure.
(4)
added
An evaluation of host-nation regulatory frameworks, legal authorities, and diplomatic pressures that could force a commercial operators to cease support for the military operations of the United States during a crisis or conflict.
(5)
added
An assessment of the ability of contractors to quickly adjust minimum security requirements during a crisis or conflict.
(6)
added
Recommendations for operational redundancies, expanded governmental security support during conflict, and treaty safeguards for essential commercial operations.
(1)
added
Requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the findings of the study and any recommendations for regulatory or congressional actions.
(2)
added
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1608
Sense of Congress on distributed commercial radar satellite constellations
added
added
It is the sense of Congress that the Secretary of Defense should continue to support the development, integration, and operational use of distributed commercial radar satellite constellations, including Maritime Moving Target Indicator and Airborne Moving Target Indicator capabilities, while fostering robust competition among small business commercial providers to ensure innovation, cost-effective capability delivery, industrial base diversity, and resilient support to national security space systems and the intelligence, surveillance, and reconnaissance requirements of the combatant commands.
Sec. 1609
Report on optical communications and networking standards for national security space architectures
added
(a)
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, acting through the Chief of Space Operations and in coordination with the Assistant Secretary of the Air Force for Space Aquistion and Integration, the Commander of Space Systems Command, and the Director of the Space Warfighting Analysis Center, shall submit to the congressional defense committees a report on the governance, maintenance, validation, implementation, and future development of optical communications and networking standards for national security space architectures.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
A description of the governance structure for such standards, including the roles and responsibilities of relevant Department of Defense organizations and participating industry and allied stakeholders.
(2)
added
A description of the process by which such standards are developed, reviewed, validated, approved, published, maintained, and incorporated into acquisition programs and requirements.
(3)
added
An assessment of the extent to which current and planned standards support cross-vendor interoperability, backward compatibility where practicable, and participation by qualified commercial providers.
(4)
added
A description of technical validation processes, testing activities, and mechanisms for incorporating operational lessons learned and industry feedback into future standards revisions.
(5)
added
An assessment of how such standards are being incorporated into United States Space Force architecture planning, acquisition activities, and allied and partner engagements.
(6)
added
An assessment of risks associated with transitioning between versions of such standards, including impacts on competition, acquisition timelines, interoperability, and mission assurance.
(7)
added
Identification of any legislative, policy, authority, or resource gaps that limit the Department’s ability to sustain and evolve such standards.
(c)
added
Briefing— Not later than 30 days after submitting the report required under subsection (a), the Secretary of the Air Force shall provide a briefing to the congressional defense committees on the findings and recommendations contained in the report.
(d)
added
Form— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 1609A
Global Positioning System modernization
added
(a)
added
Findings— Congress finds the following:
(1)
added
The Global Positioning System (in this section referred to as “GPS”) is a critical national asset that underpins military operations, civilian infrastructure, and economic activities. While newer satellites are part of the constellation, the GPS constellation still depends on many aging satellites, 15 of which are operating well beyond their design life with limited signal technologies in the older satellites.
(2)
added
Modernizing the GPS Enterprise is an essential national priority to ensure the continued reliability and security of the system in the face of growing threats and aging and delayed GPS infrastructure.
(3)
added
Adversaries are interfering with, jamming, or spoofing GPS signals, posing risks to national defense and public safety. Commercial satellite positioning, navigation, and timing systems can augment and complement GPS operations globally. Terrestrial systems, which depend on ground-based transmitters, can provide signals to receivers within a localized area during disruption despite being more geographically limited.
(4)
added
Rapidly transitioning to more resilient systems like GPS IIIF, to include monitoring and declaring the L5 signal as “healthy” can significantly reduce these vulnerabilities and enhance operational effectiveness. A transition plan accounting for both the satellites that transmit positioning, navigation, and timing signals and the ground control and monitoring systems that command and control the constellation and update timing and other data is necessary to avoid capability gaps and ensure continuity of essential services as legacy elements are phased out and new capabilities are fielded.
(5)
added
Federal agency execution delays in updating GPS constellation and infrastructure has slowed progress toward modernization, and successfully executing Space Policy Directive–7 is necessary to align efforts across the government and accelerate the deployment of next-generation GPS capabilities.
(b)
added
Sense of Congress— It is the sense of Congress that modernizing GPS is a national priority to safeguard military readiness, protect critical infrastructure, and maintain economic competitiveness and the as-yet unimplemented system required by section 312 of title 49, United States Code, remains no less crucial to the protection of United States security and prosperity than when it was mandated in 2018.
(c)
added
Modernized GPS Enterprise—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the President shall accelerate the transition to a modernized GPS Enterprise to enhance the resilience and security of GPS.
(2)
added
Components— The acceleration of the transition to a modernized GPS Enterprise required by paragraph (1) shall include—
(A)
added
a clear timeline for the development and deployment of a full constellation of 24 GPS IIIF satellites and associated ground control segment upgrades;
(B)
added
a clear timeline for the upgrade of the control segment to meet the needs of the modernized constellation and to mitigate threats, along with a plan to maintain service while the upgrades progress;
(C)
added
prioritization of the L5 signal for civilian and military applications to augment legacy frequencies and provide additional resilience;
(D)
added
coordination with the Secretary of Defense, the Secretary of Transportation, and other heads of relevant departments and agencies of the Federal Government to expedite system upgrades;
(E)
added
strategies developed in coordination with the Secretary of Transportation to further incentivize critical infrastructure assets to mitigate risks associated with GPS signal interference, jamming, and spoofing, including considering the integration of commercial satellite positioning, navigation, and timing systems; and
(F)
added
strategies to accelerate the deployment of military GPS user equipment, Increments 1 and 2, and the integration of new receivers into weapons systems.
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed three years, the Secretary of Defense, in coordination with the Secretary of Transportation for commercial uses and with respect to any system required under section 312 of title 49, United States Code, and the protection of critical infrastructure, shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A)
added
a detailed schedule and assessment of progress made toward transitioning to the modernized GPS and positioning, navigation, and timing enterprise;
(B)
added
an evaluation of interagency coordination efforts, including challenges in implementing system upgrades necessary for such modernization, except spectrum referenced in section 312(d) of title 49, United States Code, associated with LORAN infrastructure necessary for use in any system required in such section 312;
(C)
added
a description of strategies to counter GPS military and civil signal interference, jamming, and spoofing, from state and nonstate actors along with their effectiveness;
(D)
added
funding allocations, expenditures, and any additional resource needs for the Department of Defense and Department of Transportation to meet modernization objectives; and
(E)
added
recommendations for legislative or administrative actions to further encourage critical infrastructure upgrades, modern commercial satellite positioning, navigation, and timing systems, and other efforts to enhance GPS security, reliability, and resilience.
(2)
added
Form— The report required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex.
(e)
added
Applicability— Nothing in this section with respect to the coordination of spectrum allocation applies to any spectrum referenced in section 312(d) of title 49, United States Code, associated with LORAN infrastructure necessary for use in any system required in section 312.
Sec. 1619
Assessment of foreign adversary-controlled digital platforms
added
(a)
added
In general— The Secretary of Defense shall conduct an assessment of risks posed by foreign adversary-controlled digital platforms to operational security, force protection, military personnel, and military installations.
(b)
added
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 assessment required under subsection (a), including—
(1)
added
risks associated with the collection of data regarding members of the Armed Forces;
(2)
added
risks posed to operational security and force protection;
(3)
added
threats arising from foreign influence, information operations, and propaganda activities conducted through such platforms; and
(4)
added
recommendations to mitigate identified risks.
Sec. 1620
Office for Bombing Prevention
added
(a)
added
In general— Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section:
added
“211. Office for Bombing Prevention
added
“(a) Establishment—There is established within the Office of Intelligence and Analysis of the Department an Office for Bombing Prevention (in this section referred to as the ‘Office’), which shall be headed by an individual in the Senior Executive Service with subject matter expertise in deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks.
added
“(b) Principal responsibilities—The head of the Office shall—
added
“(1) act as the primary coordinator for the Department of Homeland Security with all elements of the Department of Defense that have responsibilities for the disposal of explosive ordnance;
added
“(2) ensure the effectiveness of intelligence and other information sharing between such elements of the Department of Defense and the Department of Homeland Security, including the Federal, State, local, and tribal partners of the Department of Homeland Security; and
added
“(3) advise the Secretary on matters related to terrorist explosive threats and attacks in the United States.
added
“(c) Functions—The Office shall have the primary responsibility within the Department of Homeland Security for enhancing the ability of, and coordinating the efforts of, the United States to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by the following:
added
“(1) Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States, including by—
added
“(A) developing, in consultation with the Under Secretary for Strategy, Policy, and Plans, the strategy of the Department against terrorist explosive threats and attacks, including efforts to support the security and preparedness of critical infrastructure and the public sector and private sector;
added
“(B) leading the prioritization of the efforts of the Department against terrorist explosive threats and attacks, including preparedness and operational requirements;
added
“(C) ensuring, in consultation with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification, evaluation, and availability of effective technology applications through field pilot testing and acquisition of such technology applications by the public sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States;
added
“(D) providing advice and recommendations to the Administrator of the Federal Emergency Management Agency regarding the effective use of grants authorized under section 2002; and
added
“(E) aligning, in consultation with the Assistant Secretary for the Countering Weapons of Mass Destruction Office, the efforts of the Department related to terrorist explosive threats and attacks in the United States and weapons of mass destruction.
added
“(2) Engaging other Federal departments and agencies, including Sector Risk Management Agencies and relevant elements of the Department of Defense, regarding terrorist explosive threats and attacks in the United States.
added
“(3) Facilitating information sharing and decision support of the public and private sectors involved in deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States, including, when appropriate, delivering information to the public and private sectors using open-source materials or downgrading the classification level of information.
added
“(4) Providing training, guidance, planning, assessments, and technical assistance to the public and private sectors, as appropriate, to help counter the risk of terrorist explosive threats and attacks in the United States. The training and technical assistance provided under this paragraph shall include—
added
“(A) support efforts to prepare for and respond to bomb threats or other acts concerning explosive threats and attacks in the United States; and
added
“(B) support of public and private sector preparedness for security of critical infrastructure, facilities, and special events, as appropriate.
added
“(5) Promoting security awareness, through educational outreach or secure information sharing, where appropriate, among the public sector, the private sector, and the general public regarding the risks posed by the misuse of explosive precursor chemicals and other bomb-making materials.
added
“(6) Conducting analysis and planning for the capabilities and requirements necessary for the public and private sectors, as appropriate, to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by—
added
“(A) maintaining a database on capabilities and requirements, including capabilities and requirements of public safety bomb squads, explosive detection canine teams, special tactics teams, and public safety dive teams; and
added
“(B) applying the analysis derived from the database described in subparagraph (A) with respect to—
added
“(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards related to deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States; and
added
“(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements regarding deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.
added
“(7) Facilitating secure information sharing of sensitive material and promoting security awareness, including by—
added
“(A) operating and maintaining a secure information sharing system that allows sharing among and between the public and private sectors of critical information relating to explosive attack tactics, techniques, and procedures;
added
“(B) working with international partners, in consultation with the Office of International Affairs of the Department, to develop and share effective practices to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States;
added
“(C) executing national public awareness and vigilance campaigns relating to—
added
“(i) terrorist explosive threats and attacks in the United States;
added
“(ii) preventing explosive attacks; and
added
“(iii) activities and measures underway to safeguard the United States; and
added
“(D) working with relevant stakeholder organizations.
added
“(8) Providing any other assistance the Secretary determines necessary.”
(b)
added
Clerical amendment— The table of contents at the beginning of such Act is amended by inserting after the item relating to section 210G the following new item:
(c)
added
Department of Defense synchronization— The Secretary of Defense shall ensure that—
(1)
added
planning and operations of the Department of Defense are updated to reflect the changes made by this section in a timely manner; and
(2)
added
access to appropriate defense and military intelligence information sharing is maintained during the transition from any existing office with the Department of Homeland Security to the Office of Bombing Prevention as established by this section in a way that would not impede a response in an emergency or on-going operations.
Sec. 1621
Protection of identities of certain members of the Armed Forces who are special operators or perform sensitive activities
added
(a)
added
Criminal penalty— Section 601 of the National Security Act of 1947 (50 U.S.C. 3121) is amended as follows:
(1)
added
In subsection (a)—
(A)
added
by striking “a covert agent” and inserting “a covert agent or protected defense individual”;
(B)
added
by striking “identifying such covert agent” and inserting “identifying such covert agent or such protected defense individual”;
(C)
added
by striking “identifies such covert agent” and inserting “identifies such covert agent or such protected defense individual”; and
(D)
added
by inserting after “United States,” the following: “or that the United States is taking affirmative measures to conceal such individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,”.
(2)
added
In subsection (b)—
(A)
added
by striking “a covert agent and” and inserting “a covert agent or protected defense individual and”;
(B)
added
by striking “identifying such covert agent” and inserting “identifying such covert agent or such protected defense individual”;
(C)
added
by striking “identifies such covert agent” and inserting “identifies such covert agent or such protected defense individual”; and
(D)
added
by inserting after “United States,” the following: “or that the United States is taking affirmative measures to conceal such protected defense individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,”.
(3)
added
In subsection (c)—
(A)
added
by striking “covert agents” and inserting “covert agents or protected defense individuals”;
(B)
added
by striking “as a covert agent” and inserting “as a covert agent or protected defense individual”; and
(C)
added
by inserting after “to the United States,” the following: “or that the United States is taking affirmative measures to conceal such individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,”.
(b)
added
Defenses and exceptions— Section 602 of such Act (50 U.S.C. 3122) is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “It is a defense to a prosecution under section 601” and inserting “(1) With respect to a prosecution under section 601 relating to the identity of a covert agent, it is a defense”; and
(B)
added
by adding at the end the following new paragraph:
added
“(2) With respect to a prosecution under section 601 relating to the identity of a protected defense individual, it is a defense before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed that the individual, in the course of serving in the Armed Forces, served in a sensitive unit or participated in a Department of Defense sensitive activity.”
(2)
added
in subsection (b), by inserting “or protected defense individuals” after “covert agents”; and
(3)
added
in subsection (d), by inserting after “to disclose information that solely identifies himself as a covert agent” the following: “or as an individual who, in the course of serving in the Armed Forces or being employed by the Department of Defense, served in a sensitive unit or participated in a Department of Defense sensitive activity”.
(c)
added
Definitions— Section 605 of such Act (50 U.S.C. 3126) is amended by adding at the end the following new paragraphs:
added
“(11) The term “protected defense individual” means the following:
added
“(A) A member of the special operations forces of the Armed Forces serving in a sensitive unit.
added
“(B) A member of the Armed Forces or civilian personnel of the Department of Defense who is serving in a sensitive unit or who participates in a sensitive activity.
added
“(12) The term “sensitive activity” has the meaning given the term “Department of Defense sensitive activity” in section 130g of title 10, United States.
added
“(13) The term “sensitive unit” has the meaning given that term in section 130b of title 10, United States Code.”
(d)
added
Clerical amendment— Section 601 of the National Security Act of 1947 (50 U.S.C. 3121) is amended in the heading by adding at the end the following: “, and certain other individuals” (and by conforming the table of contents at the beginning of such Act accordingly).
Sec. 1622
Open-source intelligence integration into Department of Defense collection management
added
(a)
added
Recognition and integration of open-source intelligence— The Under Secretary of Defense for Intelligence and Security shall—
(1)
added
ensure that the Department of Defense recognizes open-source intelligence as a source of intelligence collection;
(2)
added
integrate open-source intelligence into the processes of the Department for intelligence collection management, including processes for requirements development, prioritization, and tasking;
(3)
added
maintain procedures for identifying and validating intelligence requirements that may be satisfied through open-source intelligence;
(4)
added
maintain guidance for tasking, coordination, and deconfliction of open-source intelligence collection activities across the Department;
(5)
added
identify roles and responsibilities for elements of the Department conducting open-source intelligence collection, including the Defense Intelligence Agency, the military departments, and the combatant commands; and
(6)
added
maintain alignment of open-source intelligence collection activities with policies of the Department and of the intelligence community for collection of publicly available information and commercially available information.
(b)
added
Integration with collection management systems— The Under Secretary shall ensure that open-source intelligence collection is incorporated into the Department’s intelligence collection management systems, including systems used to manage requirements, tasking, and coordination across intelligence disciplines.
(c)
added
Tracking and accountability mechanisms— The Under Secretary shall ensure that open-source intelligence collection activities are incorporated into and trackable within the processes of the Department for collection management and shall establish mechanisms to track requirements, tasking, and performance of such activities.
(d)
added
Instruction— The Under Secretary shall ensure that Department of Defense Instruction 3325.08 (relating to intelligence collection management), or any successor instruction, incorporates the requirements of this section.
(e)
added
Implementation— This section shall be implemented not later than 180 days after the date of the enactment of this Act.
Sec. 1623
Open-source intelligence definitions
added
(a)
added
Findings— Congress finds the following:
(1)
added
Publicly available information, including commercially available information, has become increasingly important to intelligence analysis, strategic warning, economic security, and understanding adversarial activities.
(2)
added
Consistent governance, oversight, and safeguarding standards are necessary to support the lawful and effective use of publicly available information and commercially available information across the intelligence community.
(b)
added
Establishment of definitions— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security shall, in coordination with the Director of National Intelligence, establish definitions for the terms listed in subsection (c).
(c)
added
Terms— The terms referred to in subsection (b) are—
(1)
added
open-source intelligence;
(2)
added
commercially available information; and
(3)
added
publicly available information.
(d)
added
Applicability— In establishing the definitions as required by subsection (b), the Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, shall ensure such definitions may be applicable across the Department of Defense and the intelligence community.
(e)
added
Briefing required— Not later than 30 days after the date of the establishment of the definitions required by subsection (b), the Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees and the congressional intelligence committees a briefing on the rationale behind such definitions.
(f)
added
Definitions— In this section, the terms “congressional intelligence committees” and “intelligence community” have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Sec. 1631
Matters relating to intercontinental ballistic missiles
(a)
Transfer authority— Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section:
“499d. Transfer authority to support intercontinental ballistic missile capabilities
“(a) Transfer authority—Subject to the authority, direction and control of the Secretary of Defense, and subject to the limitation under subsection (d), the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2027 or any fiscal year thereafter under “Research, Development, Test and Evaluation”, “Air Force; Other Procurement”, “Air Force; Missile Procurement”, and “Air Force, Operation and Maintenance” for covered programs between such accounts for the purposes of modernizing, mitigating risk relating to, or otherwise enhancing, the intercontinental ballistic missile capabilities of the United States.
“(b) Treatment of transferred funds—Amounts transferred under subsection (a) shall be merged with and be available for the same purposes and for the same time period as amounts in the receiving account.
“(c) Additional authority—The authority under subsection (a) is in addition to any other transfer authority available to the Department of Defense.
“(d) Notice and wait requirement—The Secretary of the Air Force may not initiate a transfer under subsection (a) until—
“(1) the Secretary submits to the congressional defense committees a written notification containing a detailed description of the proposed transfer; and
“(2) a period of 15 days has elapsed following the date of such notification.
“(e) Quarterly report—Not later than 30 days after the end of each fiscal quarter until the date of termination under subsection (g), the Secretary of the Air Force shall submit to the congressional defense committees a report containing a summary of any transfers carried out during such fiscal quarter under subsection (a).
“(f) Covered program defined—In this section, the term covered program means a program of the Air Force that the Secretary of the Air Force determines supports the following:
“(1) The LGM–30G Minuteman III intercontinental ballistic missile.
“(2) The LGM–35A Sentinel intercontinental ballistic missile.
“(3) Any reentry vehicle capability for an intercontinental ballistic missile.
“(4) Any other capability for an intercontinental ballistic missile, as determined by the Secretary.
“(g) Termination—The authority under subsection (a) shall terminate on the date that is 10 years after the date of the enactment of this section.”
(b)
Exception to limitation on expenditures for modifications for certain below-threshold modifications— Section 2244a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4) Exception for below-threshold strategic delivery system modifications—The prohibition in subsection (a) does not apply to a modification of a strategic delivery system (as such term is defined in section 495(e) of this title) for which the cost is less than $500,000.”
(c)
Advance procurement of flight test kits—
(1)
changed
Authority for multiyear procurement— Subject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning in fiscal year 2027, for the procurement of flight test kits in support of the program of the Air Force Global Strike Command for operational test launches of the Minuteman III intercontinental ballistic missilemissile.
(2)
Authority for advance procurement— The Secretary of the Air Force may enter into one or more contracts for advance procurement associated with the procurement of the flight test kits for which contracts are authorized under subsection (a), including procurement of systems and subsystems associated with such flight test kits in economic order quantities when cost savings are achievable.
(3)
Conditions for out-year contract payments— Any 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 for that purpose for such fiscal year.
(4)
Termination— The authority of the Secretary of the Air Force to enter into contracts under subsection (a) shall terminate on September 30, 2030.
(d)
Contract authority to mitigate certain diminishing sources and shortages—
(1)
Contract authority— Subject to the limitation under paragraph (2), the Secretary of the Air Force may enter into one or more contracts for the life-of-program procurement of components necessary to mitigate diminishing manufacturing sources or material shortages affecting a covered program.
(2)
Notice and wait requirement— The Secretary may not enter into a contract under paragraph (1) until—
(A)
the Secretary submits to the congressional defense committees a written notification containing a detailed description of the proposed contract; and
(B)
a period of 15 days has elapsed following the date of such notification.
(e)
Covered program defined— In this section, the term covered program has the meaning given such term in section 499d of title 10, United States Code, as added by subsection (a).
Sec. 1640
Extension of annual assessment of cyber resilience of nuclear command and control system
added
added
Section 499(e) of title 10, United States Code, is amended by striking “December 31, 2032” and inserting “December 31, 2035”.
Sec. 1657
Assessment of resilient missile defense sensing architectures
added
(a)
added
Report— Not later than March 1, 2027, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a report on the strategy of the Department of Defense to develop and field resilient and distributed missile defense sensing architectures.
(b)
added
Elements— The report under subsection (a) shall include the following:
(1)
added
An assessment of current and planned fixed missile defense sensing infrastructure and associated vulnerabilities in contested environments.
(2)
added
An evaluation of modular, transportable, and rapidly deployable sensing capabilities, including their potential to restore degraded sensing coverage under operational stress conditions.
(3)
added
A description of ongoing or planned efforts to incorporate modular open systems approaches and commercially available technologies into missile defense sensing architectures.
(4)
added
An assessment of scalable radar integration concepts and the potential of such concepts to accelerate deployment timelines and improve operational resilience.
(5)
added
An identification of programmatic, technical, or acquisition barriers to fielding distributed sensing architectures and recommended actions to address those barriers.
(6)
added
Recommended near-term investments or pilot efforts to improve the survivability and reconstitution capacity of missile defense sensing networks.
(c)
added
Implementation authority— The Secretary of Defense may use funds authorized to be appropriated by this Act to initiate pilot efforts or partnerships that support implementation of the recommendations contained in the report under subsection (a).
(d)
added
Definitions— In this section:
(1)
added
The term distributed sensing architecture means a missile defense sensing approach that employs multiple geographically dispersed sensor nodes to reduce reliance on any single point of sensing infrastructure.
(2)
added
The term modular open systems approach has the meaning given that term in section 4401 of title 10, United States Code.
Sec. 1658
Report on modernization of the Aegis Ashore missile defense site at Devesselu, Romania
added
(a)
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Commander of the United States European Command shall submit to the congressional defense committees a report on options to modernize the missile defense capabilities of the Aegis Ashore site located in Deveselu, Romania.
(b)
added
Elements— The report under subsection (a) shall include the following:
(1)
added
An assessment of requirements to improve the capability of the site to defend against advanced ballistic missile threats.
(2)
added
An assessment of requirements to improve the capability of the site to defend against maneuvering and hypersonic missile threats.
(3)
added
An assessment of options for integrating counter-unmanned aircraft systems capabilities.
(4)
added
An assessment of options for advanced sensing, tracking, and command-and-control capabilities.
(5)
added
An assessment of force protection requirements and enhancement options for the site.
(6)
added
An assessment of opportunities to improve integration with regional air and missile defense architectures.
(7)
added
An assessment of opportunities for greater cooperation with Romania relating to infrastructure, logistics, force protection, training, sustainment, and other host-nation support requirements associated with the continued operation and modernization of the site.
(8)
added
An assessment of estimated costs, implementation timelines, and operational benefits associated with any modernization option identified in the report.
(9)
added
Any other matter the Secretary of Defense determines appropriate to improve the effectiveness, survivability, readiness, or interoperability of the Aegis Ashore site.
Sec. 1671
Strategy for disruption of adversary defense-industrial supply chains
added
(a)
added
Strategy required— Not later than March 1, 2027, and annually after through March 1, 2032, the Secretary of Defense shall submit to the congressional defense committees and the congressional intelligence committees a strategy for identifying and disrupting foreign supply chains supporting the defense-industrial production capacity of peer adversaries.
(b)
added
Elements— The strategy required by subsection (a) shall include the following:
(1)
added
Identification of critical foreign dependencies supporting the production by such adversaries of threat systems, including—
(A)
added
artillery systems;
(C)
added
missile systems;
(D)
added
armored vehicle systems;
(E)
added
Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, Reconnaissance, and Targeting (C5ISRT) systems;
(F)
added
chemical and biological weapons of mass destruction (CBWMD) systems;
(G)
added
advanced kinetic and non-kinetic weapon systems; and
(H)
added
unmanned systems.
(2)
added
An assessment of vulnerabilities associated with reliance by such adversaries on goods and infrastructure, including—
(A)
added
imported raw materials;
(B)
added
specialized metallurgy;
(C)
added
precision machine tools;
(D)
added
artificial intelligence enablers;
(E)
added
energy infrastructure;
(F)
added
big data analytics;
(G)
added
propellant precursors; and
(H)
added
transportation infrastructure.
(3)
added
An identification of opportunities for coordination with allies and partners regarding disruption of adversary supply chains, including—
(A)
added
export controls;
(B)
added
supply-chain monitoring;
(C)
added
sanctions enforcement; and
(D)
added
industrial security cooperation.
(4)
added
Recommendations for improving the support provided by the Department of Defense to interagency efforts to monitor and disrupt adversary defense-industrial supply chains.
Sec. 1672
Defense Industrial Intelligence Integration Cell
added
(a)
added
Establishment— The Director of the Defense Intelligence Agency shall establish a Defense Industrial Intelligence Integration Cell (in this section referred to as the “Cell”).
(b)
added
Duties— The duties performed by the Cell shall include—
(1)
added
mapping the defense-industrial supply chains of adversaries;
(2)
added
assessing vulnerabilities within the military production networks of adversaries;
(3)
added
supporting operational planning of the combatant commands relating to industrial disruption;
(4)
added
supporting interagency analysis of export controls and sanctions; and
(5)
added
assessing foreign dependency risks associated with adversary weapons production.
(c)
added
Coordination— The Cell shall coordinate with entities including—
(1)
added
the Office of Foreign Assets Control of the Department of the Treasury;
(2)
added
the Bureau of Industry and Security of the Department of Commerce;
(3)
added
the Defense Technology Security Administration;
(4)
added
the National Geospatial-Intelligence Agency;
(5)
added
the Department of State;
(6)
added
the Department of Energy;
(7)
added
the Federal Bureau of Investigation; and
(8)
added
appropriate allied and partner intelligence organizations.
Sec. 1673
Assessment of adversary artillery and munitions production capacity
added
(a)
added
Assessment required— Not later than March 1, 2027, and annually thereafter through March 1, 2032, the Secretary of Defense shall submit to the congressional defense committees a report assessing the production capacity and capabilities of adversary artillery, long-range strike systems, unmanned aerial systems, and missile systems.
(b)
added
Elements— The assessment required by subsection (a) shall include—
(1)
added
estimated annual production capacity for artillery systems, ammunition, and long range strike systems;
(2)
added
assessment of adversary barrel replacement capacity;
(3)
added
identification of foreign material dependencies associated with artillery and long-range strike system production;
(4)
added
assessment of transportation and logistics constraints affecting production and distribution; and
(5)
added
implications for United States and allied operational planning.
Sec. 1706
Reauthorization of the Cybersecurity Act of 2015
(a)
In general— The Cybersecurity Act of 2015 (6 U.S.C. 1501 et seq.; enacted as division N of the Consolidated Appropriations Act, 2016; Public Law 114–113) is amended—
(1)
in section 102 (6 U.S.C. 1501; relating to definitions)—
(A)
by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18) as paragraphs (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), and (20), respectively; and
(B)
by inserting after paragraph (3) the following new paragraphs:
“(4) Artificial intelligence—The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
“(5) Critical infrastructure—The term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).”
(2)
in section 103 (6 U.S.C. 1502; relating to sharing of information by the Federal Government)—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “develop and issue” and inserting “develop, issue, and, as appropriate, update”; and
(I)
in the matter preceding subparagraph (A), by inserting “and, as appropriate, updated,” after “developed”;
(II)
by amending subparagraph (A) to read as follows:
“(A) ensure the Federal Government has and maintains the capability to share cyber threat indicators and defensive measures in real-time consistent with the protection of classified information, and maintains the capability to provide technical assistance, on a voluntary basis, to non-Federal entities in utilizing cyber threat indicators and defensive measures for cybersecurity purposes;”
(III)
in subparagraph (E)(ii), by striking “and” after the semicolon;
(IV)
in subparagraph (F), by striking the period and inserting “; and”; and
(V)
by adding at the end the following new subparagraph:
“(G) pursuant to section 2212 of the Homeland Security Act of 2002 (6 U.S.C. 662), provide one-time read-ins, as appropriate, to select individuals identified by non-Federal entities that own or operate critical infrastructure or artificial intelligence;”
(I)
by inserting “and, as appropriate, updating,” after “developing”; and
(II)
by inserting “and defensive measures” after “promote the sharing of cyber threat indicators”; and
(i)
by inserting “and not later than 60 days after any update, as appropriate, of procedures required by subsection (a),” after “Act,”; and
(ii)
by inserting “(or update, as appropriate)” after “procedures”;
(3)
in section 104 (6 U.S.C. 1503; relating to authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats)—
(A)
in paragraph (3) of subsection (c)—
(i)
in the matter preceding subparagraph (A), by striking “shall be” and inserting “may be”;
(ii)
in subparagraph (A), by striking “or” after the semicolon;
(iii)
in subparagraph (B), by striking the period and inserting “; or”; and
(iv)
by adding at the end the following new subparagraph:
“(C) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out the activities authorized under paragraph (1) provided that such deployment complies with section 105(d)(5).”
(B)
in subparagraph (B) of subsection (d)(2), by inserting “, which may utilize artificial intelligence that is strictly deployed for cybersecurity purposes,” after “technical capability”;
(4)
in section 105 (6 U.S.C. 1504; relating to sharing of cyber threat indicators and defensive measures with the Federal Government)—
(i)
in paragraph (2), by adding at the end the following new sentences: “As appropriate, the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly update such policies and procedures, and issue and make publicly available such updated policies and procedures. Such updates shall prioritize rapid dissemination to State, local, Tribal, and territorial governments and owners and operators of non-Federal critical infrastructure or artificial intelligence of relevant and actionable cyber threat indicators and defensive measures.”;
(ii)
in paragraph (3), in the matter preceding subparagraph (A), by striking “developed or issued” and inserting “developed, issued, or, as appropriate, updated,”; and
(I)
in subparagraph (A), by adding at the end the following new sentence: “As appropriate, the Attorney General and the Secretary of Homeland Security shall jointly update and make publicly available such guidance to so assist entities and promote such sharing of cyber threat indicators and defensive measures with such Federal entities under this title.”; and
(II)
in subparagraph (B), in the matter preceding clause (i), by inserting “and, as appropriate, updated,” after “developed”;
(i)
in paragraph (2)(B), by inserting “, and, as appropriate, update,” after “review”; and
(ii)
in paragraph (3), in the matter preceding subparagraph (A), by inserting “and, as appropriate, updated,” after “required”; and
(C)
changed
in subsection (c)—(c)(1)(D), by inserting “, including if such capability and process employs artificial intelligence” before the semicolon; and
(i)
removed
in paragraph (1)(D), by inserting “, including if such capability and process employs artificial intelligence” before the semicolon; and
(ii)
removed
in paragraph (2), by adding at the end the following new subparagraphs:
removed
“(C) Outreach—Not later than 90 days after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall develop and continuously implement an outreach plan, including targeted engagement, to ensure Federal and non-Federal entities, particularly small or rural owners or operators of critical infrastructure which often lack dedicated cybersecurity staff but remain vital to national security—
removed
“(i) are aware of the capability and process required by paragraph (1) to share cyber threat indicators and defensive measures, including the benefits real-time information sharing provides;
removed
“(ii) understand how to share cyber threat indicators and defensive measures;
removed
“(iii) understand the obligation to remove certain personal information in accordance with section 104(d)(7) prior to sharing a cyber threat indicator;
removed
“(iv) understand how cyber threat indicators and defensive measures are received, processed, used, and protected;
removed
“(v) understand the protections they are afforded in sharing any cyber threat indicators and defensive measures; and
removed
“(vi) can provide feedback to the Secretary when policies, procedures, and guidelines that are unclear or unintentionally prohibitive to sharing cyber threat indicators and defensive measures.
removed
“(D) Briefings on outreach—The Secretary of Homeland Security shall annually provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the implementation of outreach pursuant to subparagraph (B).”
(i)
in paragraph (1), by striking “trade secret protection” and inserting “intellectual property protection”; and
(ii)
in paragraph (5)(A),
(I)
in clause (iv), by striking “or” after the semicolon;
(II)
in clause (v)(III), by striking the period and inserting “; or”; and
(III)
by adding at the end the following new clause:
“(vi) the purpose of rapidly providing to other Federal entities awareness of a cybersecurity threat that may impact the information systems of such Agencies.”
(5)
in section 108 (6 U.S.C. 1507; relating to construction and preemption)—
(i)
in the matter preceding paragraph (1), by striking “shall be” and inserting “may be”;
(ii)
in paragraph (2), by striking “or” after the semicolon;
(iii)
in paragraph (3), by striking the period and inserting “; or”; and
(iv)
by adding at the end the following new paragraph:
“(4) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out activities authorized by this title.”
(B)
in subsection (f)(3), by inserting “to share cyber threat indicators or defensive measures” after “relationship”;
(6)
in section 109 (6 U.S.C. 1508; relating to report on cybersecurity threats)—
(i)
by inserting “and not later than September 30 of every two years thereafter,” after “Act,”;
(ii)
by inserting “the Secretary of Homeland Security and” after “in coordination with”;
(iii)
by inserting “and the Committee on Homeland Security and Governmental Affairs” before “of the Senate”;
(iv)
by inserting “and the Committee on Homeland Security” before “of the House”; and
(v)
by inserting “prepositioning activities, ransomware,” after “attacks,”; and
(i)
in paragraph (1), by inserting “prepositioning activities, ransomware,” after “attacks,”;
(ii)
in paragraph (2), by inserting “prepositioning activity, ransomware,” after “attack,”;
(iii)
in paragraph (3), by inserting “prepositioning activities, ransomware,” after “attacks,” each place it appears; and
(iv)
in paragraph (4), by inserting “prepositioning activities, ransomware,” after “attacks,”; and
(7)
in section 111(a) (6 U.S.C. 1510(a), relating to effective period), by striking “2025” and inserting “2035”.
(b)
Conforming amendments— Section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650; relating to definitions) is amended—
(A)
in subparagraph (B), by inserting “or compromising” after “defeating”;
(B)
in subparagraph (C), by inserting “including a security vulnerability affecting an information system or a technology included in the critical and emerging technologies list of the Office of Science and Technology Policy or successor list, such as artificial intelligence, which may be in a Federal entity’s or non-Federal entity’s software or hardware supply chain,” after “security vulnerability,”;
(C)
in subparagraph (D), by inserting “or compromise” after “defeat”; and
(D)
in subparagraph (F), by inserting “or compromised” after “exfiltrated”;
(2)
in paragraph (14), by amending subparagraph (B) to read as follows:
“(B) includes, in accordance with section 104(d)(2) of the Cybersecurity Sharing Act of 2015 (6 U.S.C. 1503(d)(2)), operational technology, including industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers.”
(3)
in paragraph (25), by inserting “or compromise” after “defeat”.
Sec. 1711
Internal base hardening assessments and logistics-node threat mitigation
added
(a)
added
Definitions— In this section:
(1)
added
Covered installation— The term covered installation means a military installation, as defined in section 2801 of title 10, United States Code, that the Secretary of Defense designates as having significant logistics, port, intermodal, or contractor-operated interfaces with commercial transportation, warehousing, or supply chain infrastructure.
(2)
added
Covered logistics node— The term covered logistics node means any of the following that is located on, adjacent to, or used in support of operations at a covered installation:
(A)
added
A strategic seaport, as defined in section 54301(a)(12)(E) of title 46, United States Code.
(B)
added
A defense access road, as described in section 210 of title 23, United States Code.
(C)
added
A node of the Defense Transportation System, as that term is defined in Department of Defense Directive 4500.09E and Joint Publication 4-01.
(D)
added
Any other logistics facility that the Secretary of Defense designates as a covered logistics node for purposes of this section.
(b)
added
Internal base hardening assessments—
(1)
added
Assessment— Not later than 180 days after the date of the enactment of this section, and annually thereafter for a period not to exceed three years, the Secretary of Defense shall conduct a comprehensive internal base hardening assessment of each covered installation.
(2)
added
Scope— Each assessment under paragraph (1) shall examine vulnerabilities arising from—
(A)
added
commercial shipping, drayage, and trucking activity on, adjacent to, or in support of the covered installation;
(B)
added
covered logistics nodes;
(C)
added
contractor and vendor access to the covered installation, including subcontractor and vendor supply chains;
(D)
added
the pre-positioning of materiel by foreign adversaries of the United States, hostile state services, transnational organized crime groups, or terrorist organizations on or adjacent to the covered installation; and
(E)
added
opportunities for reconnaissance, sabotage, or rapid attack from within or adjacent to the perimeter of the covered installation.
(3)
added
Mitigation plans— For each vulnerability identified in an assessment under paragraph (1), the Secretary of Defense shall develop and implement a risk-based mitigation plan that includes defined milestones, timelines, and performance measures.
(A)
added
In General—Not later than 18 months after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the congressional defense committees a report describing—
(i)
added
the assessments completed under paragraph (2);
(ii)
added
the mitigation plans developed, including timelines, milestones, and performance measures, and the status of implementation of each plan; and
(iii)
added
any additional authorities or resources required.
(B)
added
Form— Each report required under this section shall be submitted in unclassified form and may contain a classified annex.
(5)
added
Government accountability office review—
(A)
added
In General— Not later than 180 days after the date of submission of the first report described in paragraph (4), the Comptroller General of the United States shall submit a report to the congressional defense committees reviewing the assessments and mitigation plans required in paragraphs (1) and (3) of this subsection.
(B)
added
Form— This report may be submitted in classified form.
Sec. 1712
Taiwan-Five Eyes cyber defense cooperation initiative
added
(a)
added
Sense of congress— It is the sense of Congress that—
(1)
added
the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, should pursue expanded cooperation between Taiwan and the Five Eyes partners on cyber defense; and
(2)
added
such cooperation should include bilateral and multilateral training exercises, law enforcement training, and the negotiation of memoranda of understanding to expand joint cyber-defense exercises.
(b)
added
Strategy required—
(1)
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a strategy to support the cyber defense of Taiwan through coordination with the Five Eyes partners. The strategy shall include the following:
(A)
added
A framework for facilitating, where appropriate and to the extent consistent with United States law and policy, bilateral and multilateral cyber-defense training exercises involving Taiwan and one or more Five Eyes partners, including through the use of the authority provided in section 5503(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (22 U.S,C, 3353(b)).
(B)
added
A plan to support law enforcement training programs for Taiwan focused on cyber-enabled threats, including those targeting critical infrastructure, financial systems, and electoral processes.
(C)
added
Identification of opportunities to encourage the negotiation of memoranda of understanding among Taiwan and Five Eyes partners to expand joint cyber-defense exercises, threat-information sharing, and personnel exchanges.
(D)
added
An assessment of lessons learned from Indo-Pacific partners, and recommendations on how applicable practices could be adapted to support Taiwan.
(E)
added
A description of resources, authorities, and personnel required to implement the strategy, including any additional authorities the Secretary of Defense determines necessary.
(2)
added
Form— The strategy described in paragraph (1) shall be transmitted in an unclassified form and may contain a classified annex.
(c)
added
Pilot exercise program— Pursuant to section 5503(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (22 U.S.C. 3353(b)), the Secretary of State and the Secretary of Defense may carry out a pilot program to conduct multilateral cyber-defense exercises that include the participation of Taiwan and one or more Five Eyes partners.
(d)
added
Briefing— Not later than 180 days after the date of enactment of this Act, and annually thereafter for a period not to exceed 5 years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on—
(1)
added
the implementation of the strategy required under subsection (b);
(2)
added
the exercises carried out under the pilot program under subsection (c); and
(3)
added
any impediments to expanded cyber-defense cooperation among Taiwan and the Five Eyes partners.
(e)
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
added
the Committees on Armed Services, Foreign Relations, and Intelligence of the Senate; and
(2)
added
the Committees on Armed Services, Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 1713
Extension of special emergency procurement authority to special operations procurement
added
(a)
added
Coverage of special operations forces— Section 1903 of title 41, United States Code, is amended by adding at the end the following new subsection:
added
“(d) Special operations forces procurement
added
“(1) In general—The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services that are to be used for operations and activities of special operations forces.
added
“(2) Applicability of overseas thresholds—For the purposes of this section—
added
“(A) a contract to be awarded with respect to such a procurement shall be deemed to be awarded and performed outside of the United States; and
added
“(B) a purchase to be made under such a procurement shall be deemed to be made outside of the United States.
added
“(3) Definition—In this subsection, the term special operations forces has the meaning given such term in section 167(j) of title 10.”
(b)
added
Conforming amendment— Subsection (b) of such section is amended by inserting “or (d)” after “subsection (a)”.
Sec. 1721
Technical and conforming amendments
(a)
Title 10, United States Code— Title 10, United States Code, is amended as follows:
(1)
By redesignating the second section 130g (relating to notification requirements for waivers issued under Department of Defense guidance related to autonomy in weapon systems) as section 130h.
(2)
In section 130i(m)(4), by striking ““covered facility or asset—”” and inserting ““covered facility or asset”—”.
(A)
in paragraph (3)(C), by striking “section 6218” and inserting “section 6128”; and
(B)
in paragraph (6), by striking “section 231(f)” and inserting “section 231(h)(1)”.
(A)
in subsection (c) by redesignating the second paragraph (9) (relating to the estimated aggregate demand from United States allies and partners) as paragraph (10);
(B)
in subsection (f), by striking “paragraph (1)” and inserting “subsection (e)(1)”; and
(C)
in subsection (g), by striking “subsection (c)(9)” and inserting “subsection (c)(10)”.
(5)
In section 345(c)(4)(B), by striking “"The” and inserting “The”.
(6)
In section 430e(a)(2)(C), by striking “; and” and inserting a period.
(7)
In section 500f(b), by inserting “of this title” after “section 500e”.
(8)
In section 714(b)(1), by inserting “of subsection (a)” after “paragraphs (1) through (7)”.
(A)
in paragraph (2)(A), by inserting “National” before “Institute”; and
(B)
in paragraph (4)(A), by striking “1621” and inserting “1601”.
(A)
in subsection (b)(9)(A), by striking “,,” and inserting a comma; and
(B)
in subsection (c), by redesignating subparagraph (R) as subparagraph (Q).
(11)
In section 1597(d), by inserting a comma after “involuntary reduction”.
(A)
by redesignating the second paragraph (3) through paragraph (9) as paragraphs (4) through (10), respectively; and
(B)
in paragraph (8), as so redesignated, by inserting “and” before “critical readiness”.
(13)
In section 2004c(h)(2), by striking “subsection (f)” and inserting “subsection (g)”.
(14)
In section 2200h(b)(2), by inserting “of” after “renew the appointment”.
(15)
In section 2866a(g)(2)(B), by striking “subsection (d)(1)(E)” and inserting “subsection (d)(2)(E)”.
(16)
In section 3702(a)(3)(A)(ii), by striking “..” and inserting “.”.
(17)
In section 4324, by redesignating subsection (d) as subsection (c).
(18)
In section 4402(e)(1)(B), by striking “the the” and inserting “the”.
(19)
In section 9040(b)(4), by inserting a comma after “Secretary of the Air Force”.
(b)
Title 37, United States Code— Title 37, United States Code, is amended as follows:
(1)
In paragraph (24)(H) of section 101, by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(2)
In section 206(d)(2), by striking “Ready Reserve or” and inserting “Ready Reserve, or of”.
(3)
In section 302a(a)(2)(B), by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(4)
In section 302i(b)(1), by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(5)
In section 303(a)(2)(C), by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(6)
In section 303a(b), by striking “Reserve Corps of the Public Health Service” both places it appears and inserting “Ready Reserve Corps of the Public Health Service”.
(7)
In section 317(b)(2), by striking the period and inserting “; and”.
(8)
In section 335(j)(8), by striking “reserve corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(9)
In section 351(c)(2)(B)(ii), by striking “of member” and inserting “of a member”.
(10)
In section 356(g), by striking “(a)”.
(11)
In the table of sections at the beginning of chapter 8, by striking the item relating to section 463 and inserting the following new item:
(12)
In section 437, in the section heading, by striking “premiums” and inserting “premium”.
(13)
In section 453(g)(5)(A), by striking “a the” and inserting “the”.
(14)
In section 501(g), by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(15)
In section 503(b), by striking “Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(16)
changed
In section 907(d)(1)(K), by striking “section section” and inserting “section”“section”.
(17)
In section 908(a)(3), by striking “Commissioned Reserve Corps of the Public Health Service” and inserting “Ready Reserve Corps of the Public Health Service”.
(18)
In section 1011, in the section heading, by striking “operation” and inserting “operations”.
(c)
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. 1724
Clarification of supervisory chain for political appointees at the Department of Defense
added
added
Except as provided under subsection (b), beginning on and after the date of the enactment of this section, the Secretary of Defense shall take such steps as are necessary to ensure that no political appointee of the Department of Defense is subordinate to any career civilian employee of the Department except for such employees in the Office of the Secretary of Defense.
Sec. 1725
Sense of Congress with respect to execution of warrants of the International Criminal Court
added
added
It is the sense of Congress that the Secretary of Defense and Secretary of State must use every opportunity at forums involving NATO or major non-NATO allies to ensure that such allied countries do not enforce warrants issued by the International Criminal Court against members of the armed forces of the United States or of its other allies.
Sec. 1726
Termination of pilot programs
added
added
Notwithstanding any other provision of law, any pilot program authorized under this Act shall terminate on the earlier of—
(1)
added
the date that is two years after the date of the enactment of this Act; or
(2)
added
such earlier date as may be specified in the provision authorizing such program.
Sec. 1727
Disclosure requirements for persons performing research or development projects for Department of Defense
added
(a)
added
Research and development projects— Section 4001 of title 10, United States Code, is amended by adding at the end the following new subsection:
added
“(e) Disclosure requirements—Whenever issuing a statement, press release, request for proposals, bid solicitation, or other document describing a project or program that is funded in whole or in part with Federal funding, a person performing a research or development project under paragraph (1) or (5) of subsection (b) shall clearly state the following:
added
“(1) The percentage of the total costs of the program or project financed with Federal funding.
added
“(2) The dollar amount of Federal funds obligated for the project or program.
added
“(3) The percentage and dollar amount of the total costs of the project or program that will be financed from nongovernmental sources.”
(b)
added
Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980— Section 4026 of such title is amended—
(1)
added
by striking “The Secretary of Defense” and inserting the following:
added
“(a) Authority—The Secretary of Defense”
(2)
added
in subsection (a), as designated by paragraph (1), in the second sentence, by striking “Technology may” and inserting the following:
added
“(b) Technology transfer—Technology may”
(3)
added
by adding at the end the following new subsection:
added
“(c) Disclosure requirements—Whenever issuing a statement, press release, request for proposals, bid solicitation, or other document describing a project or program that is funded in whole or in part with Federal funding, a person performing a research or development project pursuant to a cooperative research and development agreement entered into under subsection (a) shall clearly state the following:
added
“(1) The percentage of the total costs of the program or project financed with Federal funding.
added
“(2) The dollar amount of Federal funds obligated for the project or program.
added
“(3) The percentage and dollar amount of the total costs of the project or program that will be financed from nongovernmental sources.”
(c)
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense should direct the operating divisions of the Department of Defense to design and implement processes to manage and administer grantees’ compliance with the requirements added by this section, including determining to what extent to provide guidance to grantees on calculations.
Sec. 1728
Operational pilot program on orbital data center services
added
(a)
added
Short title— This section may be cited as the “Nodes, Enterprise Workloads, and Hybrid Operations, Resilience, Integration, Zero-Trust, Orbital Networks Act” or “NEW HORIZON Act”.
(b)
added
Findings— Congress makes the following findings:
(1)
added
Modern national security space missions generate increasing volumes of data from space- based sensors, platforms, and constellations, placing growing demands on terrestrial data transport, processing, and analysis infrastructure.
(2)
added
Reliance on ground-based data processing can introduce latency, bandwidth constraints, and vulnerabilities that may degrade the timeliness, resilience, and effectiveness of military and intelligence operations in contested environments.
(3)
added
Commercial industry is developing orbital data center and space-based cloud computing capabilities that enable in-space data processing, storage, and analytics, which may reduce latency, enhance resilience, and improve mission outcomes.
(4)
added
The Department of Defense has identified the need for hybrid architectures that integrate space, terrestrial, and commercial capabilities to support joint and national security missions.
(5)
added
An operational pilot program is necessary to evaluate the military utility, operational integration, and transition potential of orbital data center services through real-world mission use cases before any broader adoption or sustained acquisition.
(6)
added
Maintaining a competitive and resilient domestic industrial base for orbital infrastructure, including satellite platforms, communications systems, and in-space computing capabilities, is important to accelerating innovation and supporting operational resilience.
(1)
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense (referred to in this Act as the “Secretary”), acting through the Director of the Defense Innovation Unit, shall carry out an operational pilot program under the Hybrid Space Architecture initiative to evaluate the use of commercially available orbital data center services and space-based cloud computing capabilities relevant to national security space and joint mission requirements.
(2)
added
Purposes— The purposes of the pilot program shall be—
(A)
added
to assess the military utility of orbital data center and space-based cloud computing services;
(B)
added
to evaluate the operational integration of such services into existing and planned Department of Defense space and joint architectures;
(C)
added
to examine the resilience, latency, security, and mission assurance benefits of in-space data processing;
(D)
added
to inform the potential transition of such services into sustained programs of record or operational use;
(E)
added
to evaluate concepts of operations for the protection and defense of orbital data center assets against kinetic, nonkinetic, and cyber threats;
(F)
added
to assess the asset protection strategies and vulnerabilities of orbital data center infrastructure; and
(G)
added
to evaluate the integration and operational performance of interoperable, commercially provided orbital infrastructure components sourced from multiple vendors across the hybrid space architecture ecosystem.
(3)
added
Scope— In carrying out the pilot program, the Secretary may—
(A)
added
employ commercially available orbital data center services in support of real-world mission scenarios, including intelligence, space domain awareness, command and control, data transport, and other national security applications;
(B)
added
conduct testing, demonstration, and limited operational employment necessary to assess technical performance and operational viability; and
(C)
added
support integration activities required to evaluate interoperability with the Department of Defense’s space, ground, and network systems.
(4)
added
Acquisition authority— The Secretary shall encourage competitive participation from a diverse set of nontraditional defense contractors and commercial space providers.
(5)
added
Security and resilience measures for sensitive and classified information— In carrying out the pilot program, the Secretary shall ensure that any orbital data center services used to process, store, or transmit sensitive or classified information have in place—
(A)
added
cybersecurity protections, including zero-trust architecture, encryption, identity and access management, continuous monitoring, and protections against insider threats;
(B)
added
risk-management measures—
(i)
added
to address supply chain vulnerabilities and foreign ownership, control, or influence; and
(ii)
added
that achieve compliance with applicable Department of Defense cybersecurity and authorization requirements;
(C)
added
resilience and mission assurance capabilities, including redundancy, failover, operation in degraded or contested environments, and rapid reconstitution or replacement capabilities;
(D)
added
protections against cyber, electronic warfare, counterspace, and other nonkinetic threats;
(E)
added
secure telemetry, tracking, and command links and associated command-and-control systems, including authenticated command uplinks, encrypted telemetry and data links, anti-spoofing and anti-jamming protections, resilient cryptographic key management, protected timing and navigation inputs, and secure software and firmware update mechanisms;
(F)
added
protections for associated ground systems, mission operations centers, terrestrial network connections, software supply chains, and user access interfaces, including segmentation, continuous monitoring, access controls, encryption, and resilience against cyber intrusion, disruption, and unauthorized access; and
(G)
added
protections to ensure workload isolation, tenant separation, and data sovereignty for sensitive or classified information processed, stored, or transmitted through orbital data center services, including safeguards against unauthorized cross-tenant, cross-domain, or provider access.
(6)
added
Integration and interoperability— The Secretary shall ensure that any orbital data center services evaluated under the pilot program are interoperable with existing Department of Defense command, control, communications, and intelligence systems.
(7)
added
Consultation— In carrying out the pilot program, the Secretary, acting through the Director of the Defense Innovation Unit, shall consult with—
(A)
added
the Assistant Secretary of Defense for Space Policy;
(B)
added
service acquisition executives (as defined in section 101 of title 10, United States Code);
(C)
added
the Space Force and other military departments with potential operational interest or transition pathways;
(D)
added
the National Reconnaissance Office;
(E)
added
the National Geospatial-Intelligence Agency; and
(F)
added
such other individuals and organizations as the Secretary considers appropriate.
(8)
added
Briefing— Not later than December 31, 2028, the Secretary shall provide the congressional defense committees (as defined in section 101 of title 10, United States Code) with a briefing on—
(A)
added
execution of the pilot program;
(B)
added
operational use cases evaluated;
(C)
added
lessons learned from operational employment;
(D)
added
recommendations regarding future acquisition or operational use of orbital data center services;
(E)
added
cybersecurity risks, insider threat vulnerabilities, and mitigation measures;
(F)
added
resilience against counterspace threats and contested space environments;
(G)
added
commercial provider risks, including supply chain and foreign ownership concerns; and
(H)
added
recommendations for security, resilience, and acquisition requirements for any future program of record.
(d)
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.
(e)
added
Orbital data center defined— In this section, the term “orbital data center” means a space-based computing, data storage, or networking capability, including 1 or more spacecraft, hosted payloads, or distributed orbital architectures, designed primarily to provide persistent, scalable, or shared in-orbit processing, analysis, storage, fusion, routing, or dissemination of data as a distinct operational capability, rather than as a function ancillary to the primary mission of a spacecraft, prior to transmission to terrestrial or other external infrastructure, including to reduce latency, mitigate bandwidth constraints, improve operational resilience, or support time- sensitive missions.
Sec. 1729
Report on usage of wearable devices
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on—
(1)
added
the usage of wearable devices by members of the Armed Forces for health, fitness, readiness, performance, training, recovery, and operational purposes, including when on deployment and when in combat;
(2)
added
the effectiveness of such usage; and
(3)
added
whether such usage should be expanded.
(b)
added
Wearable device defined— In this section, the term “wearable device”—
(1)
added
means a consumer or commercial technology device that is worn on the body of an individual and is capable of collecting, storing, or transmitting data related to the health, fitness, physiological condition, physical activity, sleep, recovery, location, or performance of such individual;
(2)
added
includes smart watches, fitness trackers, smart rings, and similar devices; and
(3)
added
does not include implanted medical devices or equipment issued solely for weapons operation or communications.
Sec. 1730
Report on interagency coordination targeting fentanyl and precursor chemicals
added
(a)
added
In general— The Secretary of Defense shall expand interagency coordination with respect to the targeting of fentanyl and precursor chemicals, including by establishing joint operations with the Secretary of Health and Human Services and the Attorney General.
(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 congressional defense committees a report on the coordination required under subsection (a) that identifies, with respect to fentanyl and precursor chemicals, any gaps between agencies in detection, monitoring, and interdiction activities.
Sec. 1731
GAO study on Department of Defense reliance on Chinese-sourced materials
added
added
Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a component-level assessment on the reliance of the Department of Defense on Chinese-sourced materials in munitions, microelectronics, and energy storage systems, including recommendations for alternative sourcing strategies.
Sec. 1732
Prohibition on telecommunication awards to certain entities subject to foreign influence
added
added
Beginning on and after the date of the enactment of this section, the Secretary of Defense may not award a Department of Defense telecommunications contract to an entity if the Secretary determines that the entity is subject to foreign ownership, control, jurisdiction, or legal obligations that could require disclosure of Department of Defense information or Department of Defense network operational data to a foreign government.
Sec. 1733
Assessment of Counter-Subterranean Technologies
added
(a)
added
Assessment— Not later than one year after the date of the enactment of this Act, and annually thereafter for each of the subsequent five years, the Director of the Combating Terrorism Technical Support Office of the Department of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, shall convene and engagement with appropriate officials of the Department of Homeland Security, including the United States Border Patrol Subterranean Program Management Office, to—
(1)
added
identify Department of Defense-developed or Department of Defense-sponsored technologies, capabilities, and research efforts relevant to the detection, mapping, monitoring, or mitigation of subterranean threats;
(2)
added
assess opportunities to transition, adapt, test, or evaluate such technologies for operational use in detecting, monitoring, and countering illicit cross-border tunnel activity along the international borders of the United States;
(3)
added
identify opportunities for collaboration relating to research, development, testing, evaluation, and technology transition activities concerning counter-subterranean capabilities; and
(4)
added
identify barriers to interagency cooperation, technology transfer, testing, evaluation, or deployment of such capabilities.
(b)
added
Annual Report and briefing— Not later than 90 days after each engagement required under subsection (a), the Director of the Combating Terrorism Technical Support Office shall submit a report and provide a briefing to the Committee on Homeland Security of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate that includes a description of—
(1)
added
the technologies, capabilities, and research efforts discussed during the engagement;
(2)
added
opportunities identified for further research, development, testing, evaluation, transition, or operational assessment activities;
(3)
added
recommendations for improving coordination between the Department of Defense and Federal partners regarding counter-subterranean technologies; and
(4)
added
any legislative, regulatory, or administrative barriers affecting the development, transition, or deployment of counter-subterranean capabilities.
Sec. 1734
Study relating to development of supersonic airspace corridor
added
(a)
added
In general— The Secretary of Defense shall conduct a study relating to establishing a supersonic airspace corridor between the airspace of the R-2508 Complex and the broad ocean area.
(b)
added
Considerations— In conducting the study under subsection (a), the Secretary shall consider the following:
(1)
added
The feasible geographical parameters of the corridor.
(2)
added
The effect of military and commercial aircraft systems in the corridor, including both manned and unmanned systems, reaching speeds up to Mach 4.9.
(3)
added
The requirements to carry out launch and operations at all elevations, including bidirectional operations.
(4)
added
The requirements needed to—
(A)
added
activate the corridor with not more than 10 days of notice; and
(B)
added
keep the corridor active for up to 4 hours at a time.
(c)
added
Consultation— In conducting the study under subsection (a), the Secretary shall consult with—
(1)
added
authorities at the military installations in the R-2508 Complex, any relevant tenants, and the local space port to determine the demand for and requirements needed to the establish the corridor; and
(2)
added
the Administrator of the Federal Aviation Administration and any other Federal, State, or local authority the Secretary determines appropriate.
(d)
added
Submission to Congress— Not later than March 1, 2027, the Secretary shall submit to the congressional defense committees the results of the study conducted under subsection (a).
Sec. 1735
Extension of the Defense Production Act of 1950
added
added
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking “2026” and inserting “2031”.
Sec. 1736
Limitation regarding certain export controls
added
added
Section 38(l)(4)(B) of the Arms Export Control Act (22 U.S.C. 2778(l)(4)(B)) is amended by inserting before the semicolon “, excluding subclauses (I), (II), and (III)”.
Sec. 1737
Sense of Congress
added
added
It is the sense of Congress that the United States reaffirms its unwavering commitment to the AUKUS partnership with Australia and the United Kingdom as vital to maintaining a safe and secure world. Congress supports robust investment in the United States submarine industrial base to promote the AUKUS partnership, including through expanded workforce training, shipyard modernization, and supply chain development.
Sec. 1738
Annual report on military power and illicit activities of certain drug cartels
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, and annually thereafter until the date specified in subsection (f), the Secretary of Defense, in coordination with the Secretary of State, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report on the military power and illicit activities of the cartels specified in subsection (b). Each such report shall include each of the following:
(1)
added
A detailed assessment of the organizational structure, leadership hierarchy, and key operational figures of each cartel, including, with respect to any individuals affiliated with the cartel, the roles of such individuals in conducting military and paramilitary activities.
(2)
added
An evaluation of the military and paramilitary capabilities of each cartel, including the size, structure, and sophistication of the armed forces or militias of the cartel, including—
(A)
added
a description of the types and quantities of weapons, equipment, and technology (including drones, encrypted communications, and advanced surveillance systems) used by the cartel; and
(B)
added
an assessment of the recruitment, training, and operational tactics of the cartel, including an identification of any cross-border operations and coordination with other criminal or terrorist organizations.
(3)
added
A description of the geographic areas, both within the United States and internationally, where the cartels operate or exert control of territory or influence, including the control of such cartels over border regions and smuggling routes.
(4)
added
An assessment of the direct and indirect threats posed by the cartels to the national security of the United States and its allies.
(5)
added
An assessment of efforts to address the threats posed by the military power of cartels by the governments of countries identified as major drug transit or major illicit drug producing countries pursuant to section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228).
(6)
added
A summary of current efforts by the Armed Forces, law enforcement, and intelligence community of the United States to counter the activities of the cartels, including interagency coordination and cooperation with foreign governments.
(7)
added
Recommendations for additional authorities, resources, or strategies to enhance the efforts of the United States to disrupt and dismantle the military capabilities of the cartels.
(b)
added
Specified cartels— A cartel specified in this subsection is any organization or entity that is engaged in the production or trafficking of narcotics and that—
(1)
added
the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(2)
added
is subject to sanctions under Executive Order 13224 (50 U.S.C. 1701 note, relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);
(3)
added
is subject to sanctions under Executive Order 14059 (relating to imposing sanctions on foreign persons involved in the global illicit drug trade); or
(4)
added
is determined to be a transnational criminal organization pursuant to the Fentanyl Eradication and Narcotics Deterrence Act (division E of Public Law 118–50; 21 U.S.C. 2341 note).
(c)
added
Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d)
added
Public availability— The unclassified portion of the report required under subsection (a) shall be made publicly available on a website of the Department of Defense.
(e)
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
added
the congressional defense committees;
(2)
added
the congressional intelligence committees;
(3)
added
the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and
(4)
added
the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
(f)
added
Date specified— The date specified in this subsection is December 31, 2030.
Sec. 1739
Amendments to requirements for railroad freight cars placed into service in the United States and transporting Department of Defense cargo
added
added
Section 20171 of title 49, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by redesignating paragraphs (5) through (12), as paragraphs (6) through (13), respectively; and
(B)
added
by inserting after paragraph (4) the following:
added
“(5) Department of Defense cargo—The term “Department of Defense cargo” means the movement of goods by a rail carrier arranged for, by, or on behalf of any of the armed forces, as defined in section 101 of title 10.”
(2)
added
in subsection (b)(1) by striking “A railroad” and inserting “Expect as required in subsection (d), a railroad”;
(3)
added
in subsection (c)(3)(B) by striking “Association of American Railroad’s Umler system” and inserting “Association of American Railroads’ Umler system”; and
(4)
added
by adding at the end the following new paragraph:
added
“(d) Requirements for railroad freight cars transporting department of defense cargo—For railroad freight cars transporting Department of Defense cargo, the requirements of subsection (b) shall apply as follows:
added
“(1) For the 1-year period beginning on the date of enactment of the National Defense Authorization Act for Fiscal Year 2027, a railroad freight car produced during the 2-year period immediately prior to such date of enactment.
added
“(2) For the 1-year period beginning 1 year after such date of enactment, a railroad freight car produced during the 5-year period immediately prior to such date of enactment.
added
“(3) For the 1-year period beginning 2 years after such date of enactment, a railroad freight car produced during the 10-year period immediately prior to such date of enactment.
added
“(4) For the 1-year period beginning 3 years after such date of enactment, a railroad freight car produced during the 15-year period immediately prior to such date of enactment.
added
“(5) On and after the date that is 4 years after such date of enactment, a railroad freight car.”
Sec. 1740
Report on average response times to requests for DD-214s
added
added
Not later than 180 days after enactment of this Act, the Secretary of Defense, in consultation with the Archivist of the United States, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes each of the following:
(1)
added
The average response time, over the three-year period preceding the date of the submission of the report, to provide a replacement Certificate of Release or Discharge from Active Duty (DD Form 214) to a veteran, next of kin, or other authorized representative upon receipt of required documentation to grant such request.
(2)
added
The average response time, over such three-year period, to notify a veteran, next of kin, or other authorized representative who requests a Certificate of Release or Discharge from Active Duty (DD Form 214) that the request cannot be granted due to a lack of required documentation.
Sec. 1741
Prohibition on use of CCP-linked financial services providers on Department of Defense devices
added
(a)
added
Definitions— In this section:
(1)
added
The term “control” means beneficially owning, either directly or through one or more companies, more than 25 percent of the voting securities of an entity.
(2)
added
The term “CCP-linked financial services provider” means—
(A)
added
a broker or dealer that is a member of a national securities association and registered with the Securities and Exchange Commission that is organized under the laws of the People’s Republic of China, is controlled by an entity organized under the laws of the People’s Republic of China, or is controlled by a national of the People’s Republic of China who resides in the People’s Republic of China;
(B)
added
an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 that is organized under the laws of the People’s Republic of China, is controlled by an entity organized under the laws of the People’s Republic of China, or is controlled by a national of the People’s Republic of China who resides in the People’s Republic of China; or
(C)
added
any other entity providing financial, investment, or payment services that is organized under the laws of the People’s Republic of China, is controlled by an entity organized under the laws of the People’s Republic of China, or is controlled by a national of the People’s Republic of China who resides in the People’s Republic of China.
(3)
added
The term “Department of Defense device” means any computing device, mobile device, or communications equipment issued by the Department of Defense or any component thereof.
(b)
added
Prohibition— Except as provided in subsection (c), no officer or employee of the Department of Defense, member of the Armed Forces, or contractor personnel operating a Department of Defense device may download, install, or use any application, platform, or software interface operated by a CCP-linked financial services provider on any Department of Defense device.
(c)
added
Exception— Subsection (b) shall not apply to any use in connection with a law enforcement investigation, intelligence activity, national security operation, cybersecurity research activity, or enforcement or supervisory action conducted in an official capacity and authorized by the Secretary of Defense or the Secretary’s designee.
Sec. 1742
Partnership with Scouting America
added
added
The Secretary of Defense shall maintain a partnership between the Department of Defense and Scouting America in the manner in which such partnership has historically been maintained.
Sec. 1751
Designation of senior official for emerging therapeutic interventions within the Department of Veterans Affairs
added
(a)
added
Designation— Not later than 90 days after the date of enactment of this Act, the Under Secretary for Health of the Department of Veterans Affairs shall designate a senior official of the Department to oversee policy, programs, and other activities related to emerging therapeutic interventions.
(b)
added
Role, responsibility, and authority— The Under Secretary for Health, in consultation with the Secretary of Veterans Affairs, shall prescribe the roles, responsibilities, and authorities of the official designated under subsection (a), including—
(1)
added
assisting the Secretary of Veterans Affairs, the Deputy Secretary of Veterans Affairs, and the Under Secretary for Health with policies, operations, programs, and activities relating to emerging therapeutic interventions;
(2)
added
working in coordination with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Secretary of Defense, and the Attorney General to improve the efficiency and effectiveness of all activities related to emerging therapeutic interventions within the Department of Veterans Affairs; and
(3)
added
working with Federal agencies, State and local governments, and nongovernmental organizations to improve the delivery of, and access to, emerging therapeutic interventions.
(c)
added
Briefing on designation and implementation— Not later than 90 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall provide a briefing to the Committees on Veterans’ Affairs of the House of Representatives and Senate on—
(1)
added
the status of the designation of the official under subsection (a); and
(2)
added
the implementation of the roles, responsibilities, and the authorities of the official under subsection (b).
Sec. 1752
Emerging therapeutic interventions at the Department of Veterans Affairs
added
(1)
added
In general— Not later than 60 days after the date of enactment of this Act, and biannually thereafter, the Under Secretary for Health of the Department of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and Senate a report on the activities of the Department with respect to emerging therapeutic interventions, including psychedelic-assisted therapies.
(2)
added
Contents— At a minimum, each report under paragraph (1) shall, with respect to emerging therapeutic interventions, include—
(A)
added
a summary of research activities, including a list of active and planned clinical trials, of the Department relating to emerging therapeutic interventions;
(B)
added
an identification of key findings from clinical outcomes and patient-reported outcomes made during clinical trials conducted or supported by the Department;
(C)
added
the number of veterans enrolled in treatment programs and clinical trials related to emerging therapeutic interventions;
(D)
added
interagency coordination efforts of the Department, including with the Food and Drug Administration, the Drug Enforcement Agency, and other relevant government agencies;
(E)
added
recommendations to improve the delivery of innovative therapies to veterans, including psychedelic-assisted therapies; and
(F)
added
recommendations for legislative or administrative actions relating to emerging therapeutic interventions.
(b)
added
Workforce readiness— The Under Secretary for Health of the Department of Veterans Affairs shall develop a workforce implementation-readiness plan for emerging therapeutic interventions (including psychedelic-assisted therapies), including—
(1)
added
conducting a workforce-readiness assessment to identify clinicians and peer support specialists with prior training or certification relevant to emerging therapeutic interventions and gaps in training, supervision, and clinical capacity necessary to support safe and effective implementation of such interventions;
(2)
added
developing a standardized, competency-based training framework for clinicians and peer support specialists participating in emerging therapeutic interventions, including safety monitoring, supervision standards, competent care, interdisciplinary collaboration, and other areas where appropriate; and
(3)
added
developing and implementing a plan to ensure training, using such framework, is conducted, and credentialing standards are applied, with respect to the appropriate clinicians and medical centers of the Department, including any centers of excellence, in a manner designed to ensure access across each Veterans Integrated Service Network.
Sec. 1753
Report on accelerating medical treatments for serious mental illness
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Commissioner of the Food and Drug Administration and the Administrator of the Drug Enforcement Agency, shall provide a report to appropriate committees of Congress on the implementation of Executive Order 14401, titled “Accelerating Medical Treatments for Serious Mental Illness” (April 18, 2026).
(b)
added
Appropriate committees of Congress— In this section, the term “appropriate committees of Congress” means—
(1)
added
the Committee on Energy and Commerce of the House of Representatives;
(2)
added
the Committee on Veterans’ Affairs of the House of Representatives;
(3)
added
the Committee on Health, Education, Labor, and Pensions of the Senate; and
(4)
added
the Committee on Veterans’ Affairs of the Senate.
Sec. 1761
Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration
added
(A)
added
Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the “Unidentified Anomalous Phenomena Records Collection”.
(B)
added
In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection.
(C)
added
The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code.
(D)
added
The Archivist shall prepare and publish a subject guidebook and index to the Collection.
(2)
added
Contents— The Collection shall include the following:
(A)
added
All unidentified anomalous phenomena records, regardless of age or date of creation—
(i)
added
that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act;
(ii)
added
that are required to be transmitted to the National Archives; and
(iii)
added
that the disclosure of which is postponed under this subtitle.
(B)
added
A central directory comprised of identification aids created for each record transmitted to the Archivist under section 1742.
(C)
added
All Review Board records as required by this subtitle.
(b)
added
Disclosure of records— All unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall—
(1)
added
be included in the Collection; and
(2)
added
be available to the public—
(A)
added
for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and
(B)
added
digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.
(c)
added
Security of records— The National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection.
Sec. 1762
Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices
added
(a)
added
Identification, organization, and preparation for transmission—
(1)
added
In general— As soon as practicable after the date of the enactment of this Act, each head of a Government office shall—
(A)
added
identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and
(B)
added
prepare such records for transmission to the Archivist for inclusion in the Collection.
(A)
added
No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way.
(B)
added
No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified.
(C)
added
No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 1743) shall be withheld, redacted, postponed for public disclosure, or reclassified.
(b)
added
Custody of unidentified anomalous phenomena records pending review— During the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless—
(1)
added
the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review;
(2)
added
transfer is necessary for an administrative hearing or other Review Board function; or
(3)
added
it is a third agency record described in subsection (c)(2)(C).
(c)
added
Review by heads of Government offices—
(1)
added
In general— Not later than 300 days after the date of enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for—
(A)
added
disclosure to the public;
(B)
added
review by the Review Board; and
(C)
added
transmission to the Archivist.
(2)
added
Requirements— In carrying out paragraph (1), the head of a Government office shall—
(A)
added
determine which of the records of the office are unidentified anomalous phenomena records;
(B)
added
determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form;
(i)
added
determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and
(ii)
added
transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof;
(i)
added
determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this subtitle; and
(ii)
added
specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 1743;
(E)
added
organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this subtitle;
(F)
added
organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this subtitle;
(G)
added
give precedence of work to—
(i)
added
the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of enactment of this Act;
(ii)
added
the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence;
(iii)
added
the identification, review, and transmission of unidentified anomalous phenomena records that on the date of enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and
(iv)
added
the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and
(H)
added
make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this subtitle.
(3)
added
Priority of expedited review for directors of certain archival depositories— The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this subtitle.
(d)
added
Identification aids—
(A)
added
Not later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this subtitle whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate.
(B)
added
The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this subtitle where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format.
(2)
added
Requirements for Government offices— Upon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1)) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall—
(A)
added
attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes;
(B)
added
transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and
(C)
added
attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist.
(3)
added
Records of the National Archives that are publicly available— Unidentified anomalous phenomena records which are in the possession of the National Archives on the date of enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this subtitle, and shall not be required to have such an identification aid unless required by the Archivist.
(e)
added
Transmission to the National Archives— Each head of a Government office shall—
(1)
added
transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this subtitle; and
(2)
added
transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this subtitle, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this subtitle, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.
(f)
added
Custody of postponed unidentified anomalous phenomena records— An unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 1741(c).
(g)
added
Periodic review of postponed unidentified anomalous phenomena records—
(1)
added
In general— All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section 1746(c)(3)(B).
(A)
added
A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this subtitle.
(B)
added
All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination.
(C)
added
The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 1746(d)(1).
(D)
added
The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information.
(E)
added
Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this subtitle, that—
(i)
added
continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and
(ii)
added
the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
(h)
added
Requirements for Executive agencies—
(1)
added
In general— The heads of Executive agencies shall—
(A)
added
transmit digital records electronically in accordance with section 2107 of title 44, United States Code;
(B)
added
charge fees for copying unidentified anomalous phenomena records; and
(C)
added
grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
(2)
added
Amount of fees— The amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.
Sec. 1763
Grounds for postponement of public disclosure of unidentified anomalous phenomena records
added
added
Disclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this subtitle if there is clear and convincing evidence that—
(1)
added
the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal—
(A)
added
an intelligence agent whose identity currently requires protection;
(B)
added
an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or
(C)
added
any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;
(2)
added
the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person;
(3)
added
the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or
(4)
added
the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.
Sec. 1764
Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board
added
(a)
added
Establishment— There is established as an independent agency a board to be known as the “Unidentified Anomalous Phenomena Records Review Board”.
(1)
added
In general— The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena.
(2)
added
Period for nominations—
(A)
added
The President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of this Act.
(B)
added
If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter.
(3)
added
Consideration of recommendations—
(A)
added
The President shall make nominations to the Review Board after considering persons recommended by the following:
(i)
added
The majority leader of the Senate.
(ii)
added
The minority leader of the Senate.
(iii)
added
The Speaker of the House of Representatives.
(iv)
added
The minority leader of the House of Representatives.
(v)
added
The Secretary of Defense.
(vi)
added
The National Academy of Sciences.
(vii)
added
Established nonprofit research organizations relating to unidentified anomalous phenomena.
(viii)
added
The American Historical Association.
(ix)
added
Such other persons and organizations as the President considers appropriate.
(B)
added
If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph.
(C)
added
The President may request an individual or organization described in subparagraph (A) to submit additional nominations.
(4)
added
Qualifications— Persons nominated to the Review Board—
(A)
added
shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence;
(B)
added
shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and
(C)
added
shall include at least—
(i)
added
1 current or former national security official;
(ii)
added
1 current or former foreign service official;
(iii)
added
1 scientist or engineer;
(v)
added
1 professional historian; and
(vi)
added
1 sociologist.
(5)
added
Mandatory conflicts of interest review—
(A)
added
In general— The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member.
(B)
added
Reports— During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the conflict of interest.
(c)
added
Security clearances—
(1)
added
In general— All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances.
(2)
added
Qualification for nominees— All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.
(d)
added
Vacancy— A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.
(e)
added
Removal of Review Board member—
(1)
added
In general— No member of the Review Board shall be removed from office, other than—
(A)
added
by impeachment and conviction; or
(B)
added
by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties.
(2)
added
Notice of removal—
(A)
added
If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report specifying the facts found and the grounds for the removal.
(B)
added
The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.
(3)
added
Judicial review—
(A)
added
A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.
(B)
added
The member may be reinstated or granted other appropriate relief by order of the court.
(f)
added
Compensation of members—
(1)
added
In general— A member of the Review Board, other than the Executive Director under section 1745(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board.
(2)
added
Travel expenses— A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board.
(g)
added
Duties of the Review Board—
(1)
added
In general— The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records.
(2)
added
Considerations and rendering of decisions— In carrying out paragraph (1), the Review Board shall consider and render decisions—
(A)
added
whether a record constitutes a unidentified anomalous phenomena record; and
(B)
added
whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this subtitle.
(1)
added
In general— The Review Board shall have the authority to act in a manner prescribed under this subtitle, including authority—
(A)
added
to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records;
(B)
added
to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this subtitle, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent;
(i)
added
to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office;
(ii)
added
to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this subtitle; and
(iii)
added
request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this subtitle;
(D)
added
require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence;
(E)
added
receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records;
(F)
added
hold hearings, administer oaths, and subpoena witnesses and documents;
(G)
added
use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and
(H)
added
use the United States mails in the same manner and under the same conditions as other Executive agencies.
(2)
added
Enforcement of subpoena— A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.
(i)
added
Witness immunity— The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(j)
added
Support services— The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.
(k)
added
Interpretive regulations— The Review Board may issue interpretive regulations.
(l)
added
Termination and winding down—
(1)
added
In general— The Review Board and the terms of its members shall terminate on September 30, 2030.
(2)
added
Reports— Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this subtitle.
(3)
added
Transfer of records— Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
Sec. 1765
Unidentified Anomalous Phenomena Records Review Board personnel
added
(a)
added
Executive Director—
(1)
added
Appointment— Not later than 45 days after the date of enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 1744(b)(1).
(2)
added
Qualifications— The person appointed as Executive Director shall be a private citizen of integrity and impartiality who—
(A)
added
is a distinguished professional;
(B)
added
is not a present employee of the Federal Government; and
(C)
added
has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(3)
added
Mandatory conflicts of interest review—
(A)
added
In general— The Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director.
(B)
added
Reports— During the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the conflict of interest.
(4)
added
Security clearances—
(A)
added
A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances.
(B)
added
A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President.
(5)
added
Functions— The Executive Director shall—
(A)
added
serve as principal liaison to the Executive Office of the President and Congress;
(B)
added
serve as Chairperson of the Review Board;
(C)
added
be responsible for the administration and coordination of the Review Board’s review of records;
(D)
added
be responsible for the administration of all official activities conducted by the Review Board;
(E)
added
exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and
(F)
added
retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree.
(6)
added
Removal— The Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.
(1)
added
In general— The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.
(2)
added
Qualifications—
(A)
added
In general— Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(B)
added
Consultation with Director of the Office of Government Ethics— In their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director—
(i)
added
to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and
(ii)
added
ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i).
(3)
added
Security clearances—
(A)
added
A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances.
(i)
added
The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials.
(ii)
added
If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment.
(4)
added
Support from National Declassification Center— The Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity.
(c)
added
Compensation— Subject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates—
(1)
added
the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and
(2)
added
the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this subtitle.
(d)
added
Advisory committees—
(1)
added
Authority— The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this subtitle.
(2)
added
FACA— Any advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.
(e)
added
Security clearance required— An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.
Sec. 1766
Review of records by the Unidentified Anomalous Phenomena Records Review Board
added
(a)
added
Custody of records reviewed by Review Board— Pending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless—
(1)
added
the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
(2)
added
such transfer is necessary for an administrative hearing or other official Review Board function.
(b)
added
Startup requirements— The Review Board shall—
(1)
added
not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records;
(2)
added
not later than 180 days after the date of enactment of this Act, begin its review of unidentified anomalous phenomena records under this subtitle; and
(3)
added
periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered.
(c)
added
Determinations of the Review Board—
(1)
added
In general— The Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that—
(A)
added
a Government record is not an unidentified anomalous phenomena record; or
(B)
added
a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this subtitle.
(2)
added
Requirements— In approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to—
(A)
added
provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
(B)
added
determine, in consultation with the originating body and consistent with the standards for postponement under this subtitle, which of the following alternative forms of disclosure shall be made by the originating body:
(i)
added
Any reasonably segregable particular information in a unidentified anomalous phenomena record.
(ii)
added
A substitute record for that information which is postponed.
(iii)
added
A summary of a unidentified anomalous phenomena record.
(3)
added
Controlled disclosure campaign plan— With respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 1743, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing—
(A)
added
a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and
(B)
added
a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this subtitle.
(4)
added
Notice following review and determination—
(A)
added
Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made.
(B)
added
Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this subtitle in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 1743.
(d)
added
Presidential authority over Review Board determination—
(1)
added
Public disclosure or postponement of disclosure— After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall—
(A)
added
have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 1743; and
(B)
added
provide the Review Board with both an unclassified and classified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under this subtitle, stating the justification for the President’s decision, including the applicable grounds for postponement under section 1743, accompanied by a copy of the identification aid required under section 1741.
(2)
added
Periodic review—
(A)
added
Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 1743.
(B)
added
This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records.
(3)
added
Record of presidential postponement— The Review Board shall, upon its receipt—
(A)
added
publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and
(B)
added
revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly.
(e)
added
Notice to public— Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting.
(f)
added
Reports by the Review Board—
(1)
added
In general— The Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity.
(2)
added
First Report— The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board.
(3)
added
Contents— A report under paragraph (1) shall include the following information:
(A)
added
A financial report of the expenses for all official activities and requirements of the Review Board and its personnel.
(B)
added
The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records.
(C)
added
The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board’s performance under this subtitle.
(D)
added
Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this subtitle.
(E)
added
A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this subtitle, and a record of the volume of records reviewed and postponed.
(F)
added
Suggestions and requests to Congress for additional legislative authority needs.
(4)
added
Copies and briefs— Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing—
(A)
added
recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed;
(B)
added
the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item;
(C)
added
any other findings that the Review Board chooses to offer; and
(D)
added
an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.
(5)
added
Notice— At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.
(6)
added
Briefing the All-domain Anomaly Resolution Office— Coincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or any successor Office established by law, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.
Sec. 1767
Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence
added
(a)
added
Exercise of eminent domain— The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.
(b)
added
Availability to Review Board— Any and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this subtitle.
(c)
added
Actions of Review Board— In carrying out subsection (b), the Review Board shall consider and render decisions—
(1)
added
whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt;
(2)
added
whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this subtitle; and
(3)
added
what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure.
(d)
added
Review Board access to testimony and witnesses— The Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government’s possession as of and after the date of enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 1744(g) and subsection (c) of this section.
(e)
added
Solicitation of additional witnesses— The Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed beneficial in fulfilling Review Board responsibilities under this subtitle.
Sec. 1768
Disclosure of other materials and additional study
added
(a)
added
Materials under seal of court—
(1)
added
Information held under seal of a court— The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court.
(2)
added
Information held under injunction of secretary of grand jury—
(A)
added
The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury.
(B)
added
A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this subtitle shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.
(b)
added
Sense of Congress— It is the sense of the Congress that—
(1)
added
the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;
(2)
added
the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and
(3)
added
all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.
Sec. 1769
Rules of construction
added
(a)
added
Precedence over other law— When this subtitle requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.
(b)
added
Freedom of Information Act— Nothing in this subtitle shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code.
(c)
added
Judicial review— Nothing in this subtitle shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this subtitle.
(d)
added
Existing authority— Nothing in this subtitle revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession.
Sec. 1770
Termination and effect of Act
added
(a)
added
Provisions pertaining to the Review Board— The provisions of this subtitle that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 1744(l).
(b)
added
Other provisions—
(1)
added
The remaining provisions of this subtitle shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this subtitle.
(2)
added
In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.
Sec. 1771
Authorization of appropriations
added
added
There is authorized to be appropriated to carry out the provisions of this subtitle $20,000,000 for fiscal year 2027.
Sec. 1772
Conforming repeal and transitional provisions
added
(1)
added
In general— Subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is hereby repealed.
(2)
added
Clerical amendment— The table of contents in section 2 of such Act is amended by striking the items relating to subtitle C of title XVIII.
(b)
added
Automatic inclusion and transfer of certain records— On the date of enactment of this Act—
(1)
added
any record placed in, transmitted to, identified for inclusion in, cataloged for, or otherwise processed for inclusion in the collection established by subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) shall be deemed an “Unidentified Anomalous Phenomena record” for purposes of this subtitle; and
(2)
added
the Archivist shall transfer the custody and administrative control of all such records (together with all related metadata, indexes, finding aids, processing notes, redaction logs, correspondence, and unique identifiers) to such collection without any further identification, certification, or action by the originating agency.
(c)
added
Continuation of pending actions— Any identification, search, review, segregation, or transmission required under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) that is pending on the date of enactment shall continue without interruption and be completed in accordance with this subtitle.
(d)
added
Deadlines— All deadlines applicable to the records described under subsection (b)(1) shall run from the date of enactment of this Act unless an earlier date would result in earlier public disclosure, in which case the earlier date governs.
(e)
added
Public release— Any record released, whether unredacted or redacted, to the public under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) shall remain publicly available. Nothing in this subtitle authorizes re-imposition of redactions or restrictions on records already made public.
(f)
added
References— Any reference in law, regulation, directive, or other document to the collection established under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) shall be deemed a reference to the Collection.
(g)
added
Inventory and mapping— Not later than 30 days of after the date of enactment of this Act, the Archivist shall publish an inventory mapping prior collection identifiers to the new Collection identifiers, and shall maintain continuity of public access links.
Sec. 1773
Definitions
added
added
In this subtitle:
(1)
added
The term Archivist means the Archivist of the United States.
(2)
added
The term close observer means anyone who has come into close proximity to unidentified anomalous phenomena or non-human intelligence.
(3)
added
The term Collection means the Unidentified Anomalous Phenomena Records Collection established under section 1741.
(4)
added
The term Controlled Disclosure Campaign Plan means the Controlled Disclosure Campaign Plan required by section 1746(c)(3).
(5)
added
The term controlling authority means any Federal, State, or local government department, office, agency, committee, commission, commercial company, academic institution, or private sector entity in physical possession of technologies of unknown origin or biological evidence of non-human intelligence.
(6)
added
The term Director means the Director of the Office of Government Ethics.
(7)
added
The term Executive agency has the meaning given that term in section 552(f) of title 5, United States Code.
(8)
added
The term Government office means any department, office, agency, committee, or commission of the Federal Government and any independent office or agency without exception that has possession or control, including via contract or other agreement, of unidentified anomalous phenomena records.
(9)
added
The term identification aid means the written description prepared for each record, as required in section 1741.
(10)
added
The term leadership of Congress means—
(A)
added
the majority leader of the Senate;
(B)
added
the minority leader of the Senate;
(C)
added
the Speaker of the House of Representatives; and
(D)
added
the minority leader of the House of Representatives.
(11)
added
The term legacy program means all Federal, State, and local government, commercial industry, academic, and private sector endeavors to collect, exploit, or reverse engineer technologies of unknown origin or examine biological evidence of living or deceased non-human intelligence that pre-dates the date of the enactment of this Act.
(12)
added
The term National Archives means the National Archives and Records Administration and all components thereof, including presidential archival depositories established under section 2112 of title 44, United States Code.
(13)
added
The term non-human intelligence means any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware.
(14)
added
The term originating body means the Executive agency, Federal Government commission, committee of Congress, or other Governmental entity that created a record or particular information within a record.
(15)
added
The term prosaic attribution means having a human (either foreign or domestic) origin and operating according to current, proven, and generally understood scientific and engineering principles and established laws-of-nature and not attributable to non-human intelligence.
(16)
added
The term public interest means the compelling interest in the prompt public disclosure of unidentified anomalous phenomena records for historical and Governmental purposes and for the purpose of fully informing the people of the United States about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena.
(17)
added
The term record includes a book, paper, report, memorandum, directive, email, text, or other form of communication, or map, photograph, sound or video recording, machine-readable material, computerized, digitized, or electronic information, including intelligence, surveillance, reconnaissance, and target acquisition sensor data, regardless of the medium on which it is stored, or other documentary material, regardless of its physical form or characteristics.
(18)
added
The term Review Board means the Unidentified Anomalous Phenomena Records Review Board established by section 1744.
(19)
added
The term technologies of unknown origin means any materials or meta-materials, ejecta, crash debris, mechanisms, machinery, equipment, assemblies or sub-assemblies, engineering models or processes, damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft associated with unidentified anomalous phenomena or incorporating science and technology that lacks prosaic attribution or known means of human manufacture.
(20)
added
The term temporarily non-attributed objects means—
(A)
added
the class of objects that temporarily resist prosaic attribution by the initial observer as a result of environmental or system limitations associated with the observation process that nevertheless ultimately have an accepted human origin or known physical cause. Although some unidentified anomalous phenomena may at first be interpreted as temporarily non-attributed objects, they are not temporarily non-attributed objects, and the two categories are mutually exclusive; and
(I)
added
natural celestial, meteorological, and undersea weather phenomena;
(II)
added
mundane human-made airborne objects, clutter, and marine debris;
(III)
added
Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms;
(IV)
added
Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and
(V)
added
known foreign systems.
(21)
added
The term third agency means a Government agency that originated a unidentified anomalous phenomena record that is in the possession of another Government agency.
(22)
added
The term unidentified anomalous phenomena means—
(A)
added
any object operating or judged capable of operating in outer-space, the atmosphere, ocean surfaces, or undersea lacking prosaic attribution due to performance characteristics and properties not previously known to be achievable based upon commonly accepted physical principles. Unidentified anomalous phenomena are differentiated from both attributed and temporarily non-attributed objects by one or more of the following observables:
(i)
added
Instantaneous acceleration absent apparent inertia.
(ii)
added
Hypersonic velocity absent a thermal signature and sonic shockwave.
(iii)
added
Transmedium (such as space-to-ground and air-to-undersea) travel.
(iv)
added
Positive lift contrary to known aerodynamic principles.
(v)
added
Multispectral signature control.
(vi)
added
Physical or invasive biological effects to close observers and the environment; and
(vii)
added
includes what were previously described as—
(II)
added
flying saucers;
(III)
added
unidentified aerial phenomena;
(IV)
added
unidentified flying objects (UFOs); and
(V)
added
unidentified submerged objects (USOs).
(23)
added
The term unidentified anomalous phenomena record means a record that is related to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence (and all equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects) that was created or made available for use by, obtained by, or otherwise came into the possession of—
(A)
added
the Executive Office of the President;
(B)
added
the Department of Defense and its progenitors, the Department of War and the Department of the Navy;
(C)
added
the Department of the Army;
(D)
added
the Department of the Navy;
(E)
added
the Department of the Air Force, specifically the Air Force Office of Special Investigations;
(F)
added
the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration;
(G)
added
the Office of the Director of National Intelligence;
(H)
added
the Central Intelligence Agency and its progenitor, the Office of Strategic Services;
(I)
added
the National Reconnaissance Office;
(J)
added
the Defense Intelligence Agency;
(K)
added
the National Security Agency;
(L)
added
the National Geospatial-Intelligence Agency;
(M)
added
the National Aeronautics and Space Administration:
(N)
added
the Federal Bureau of Investigation;
(O)
added
the Federal Aviation Administration;
(P)
added
the National Oceanic and Atmospheric Administration;
(Q)
added
the National Archives and Records Administration;
(R)
added
any Presidential library;
(S)
added
any Executive agency;
(T)
added
any independent office or agency;
(U)
added
any other department, office, agency, committee, or commission of the Federal Government;
(V)
added
any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and
(W)
added
any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government.
Sec. 1808
Analysis and report on sourcing of certain items
(1)
changed
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall conduct an analysis of each item described in subsection (c) and shall make recommendations for action, consistent with the policies, programs, and activities required under chapters 381 through 385 and chapter 389 of title 10, United States Code, and chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including—
(A)
actions for restricting procurement of each such item (with appropriate waivers for cost, emergency requirements, and nonavailability of suppliers), including such restrictions applicable to—
(ii)
suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); or
(iii)
suppliers in other allied country;
(B)
actions for increasing Federal Government investment in research and development or using other available authorities such as contracts, grants, loans, cooperative agreements, or other transaction authorities, including actions to—
(i)
expand sourcing, processing, production, manufacturing capability, or production capacity of each such item;
(ii)
diversify sources of supply of each such item; or
(iii)
promote alternative approaches for addressing military requirements for each such item;
(C)
actions for prohibiting procurement each such item from selected sources or countries;
(D)
stockpiling actions for each such item, including creating incentives for domestic suppliers to expand and retain capacity such as—
(i)
use of long-term purchasing agreements; or
(ii)
restrictions related to provenance of each such item purchased for such stockpile;
(E)
actions for increasing availability of each such item through recycling or reuse; or
(F)
a combination of actions described under subparagraphs (A) through (E).
(2)
Considerations— In conducting the analysis described in paragraph (1), the Secretary shall consider how any actions taken under the analysis would enhance or improve—
(C)
current and potential suppliers of the items in subsection (c), including the ability of such suppliers to meet anticipated surge production requirements of the Department of Defense; and
(D)
implementation of any existing treaties or international agreements to which the United States is a party.
(b)
Reporting on analyses, recommendations, and actions— Not later than October 1, 2027, the Secretary of Defense shall submit to the congressional defense committees a report containing the following:
(1)
A summary of the findings of the analyses undertaken for each item pursuant to subsection (a).
(2)
Relevant findings and recommendations for action resulting from such analyses.
(3)
Descriptions of specific actions undertaken or planned to be taken as a result of the analyses, including schedule and resources allocated for any planned actions.
(4)
Any relevant findings or recommendations from such analyses, as appropriate, that should be incorporated into one or more of the following:
(A)
The biennial report to Congress on the national technology and industrial base required under section 4814 of title 10, United States Code.
(B)
The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title.
(C)
The Department of Defense national security strategy for the national technology and industrial base and associated policy guidance prescribed under section 4811(c) of such title.
(D)
Activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 4819 of such title.
(E)
Activities and associated expenditures related to defense supply chains, including for material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed in accordance with 4817 of such title.
(F)
Activities of the Office of Strategic Capital.
(G)
Defense memoranda of understanding and related agreements between the Secretary of Defense, acting on behalf of the United States, and one or more foreign countries considered in accordance with section 4851 of such title.
(H)
Activities of the Industrial Analysis Group (or successor group) of the Defense Contract Management Agency.
(I)
Activities of the Warstopper Program (or successor program) of the Defense Logistics Agency.
(J)
Industrial base or acquisition policy changes.
(K)
Legislative proposals for modifications to relevant statutes.
(c)
Items described— The items described in this subsection are the following:
(1)
A material or other item of supply for which the Secretary or another designated official has issued a waiver or exception to a statutory sourcing restriction, or for which a domestic non-availability determination has been applied.
(2)
Strategic and critical materials (as defined in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)), including rare earth materials.
(3)
Strategic and critical minerals derived from recycled or reused minerals and metals.
(4)
Printed circuit boards and components of printed circuit boards.
(5)
Microelectronic, semiconductor, and data storage components.
(6)
Neodymium-iron-boron permanent magnets.
(7)
Samarium and samarium-cobalt permanent magnets.
(8)
Neodymium oxide and metal, praseodymium oxide and metal, and neodymium-praseodymium oxide and metal.
(9)
Additive powders for specialty metals such as titanium-based and nickel-based alloys.
(10)
Tantalum, including tantalum metal, tantalum powder, and tantalum alloys.
(11)
Gallium, gallium nitride, and gallium oxide.
(12)
Niobium, including niobium metal, niobium powder, and niobium alloys.
(13)
Tungsten, tungsten carbide, and tungsten precursors, including tungsten ores and concentrates, ammonium paratungstate, ammonium metatungstate, tungstic acid, sodium tungstate, and tungsten oxides.
(14)
Heavy rare earth oxides, namely oxides of erbium, gadolinium, lutetium, samarium, scandium, dysprosium, terbium, ytterbium, and yttrium.
(15)
Rare earth metals and alloys, namely metals and alloys of erbium, gadolinium, lutetium, neodymium, praseodymium, samarium, scandium, dysprosium, terbium, ytterbium, and yttrium.
(16)
Rare earth fluorides, namely fluorides of erbium, gadolinium, lutetium, neodymium, praseodymium, samarium, scandium, dysprosium, terbium, ytterbium, and yttrium.
(17)
Magnesium alloy parts.
(18)
High-purity iron suitable for rare earth magnet manufacturing, naval shipbuilding alloys, electrical steel, and other specialty alloys.
(19)
Aluminum and aluminum-based alloys.
(20)
Graphene and graphene-based materials.
(21)
Mesophase pitch, isotropic pitch, and other critical precursor materials for carbon-carbon composites and synthetic graphite.
(22)
Boron carbide powder or any finished or semi-finished product containing boron carbide powder.
(23)
Optical glass or optical glass systems, as defined in section 834 of the National Defense Authorization Act for Fiscal Year 2026, and weapon sights made from such glass.
(24)
Optical transmission equipment, including optical fiber, optical transmitters, and optical cable equipment.
(25)
Continuous filament glass fiber yarn.
(26)
Ultra-high-molecular-weight polyethylene fiber production capacity.
(27)
Copper foil and copper clad laminate (including woven glass mat and glass fibers necessary to produce such laminate).
(28)
Chemicals critical to defense applications, as determined by the Under Secretary of Defense for Acquisition and Sustainment.
(29)
Non-rare earth permanent magnets composed of materials such as iron nitride, iron-nickel, or manganese bismuth.
(30)
Synthetic diamond and super abrasive materials used in defense applications.
(d)
Conforming Repeal— Section 849 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
Sec. 1810
Defense Supply Chain Intelligence and Risk Response Program
(a)
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Industrial Base Policy, shall establish a Department of Defense-wide program to be known as the “Defense Supply Chain Intelligence and Risk Response Program” (in this section referred to as the “Program”) to enhance the Department’s ability to illuminate, assess, anticipate, and respond to risks across the defense industrial base supply chain.
(b)
Purpose— The purpose of the Program shall be to provide a coordinated, holistic framework for the Department of Defense to effectively identify and manage the risks within and across the broader defense supply chain, including risks associated with microelectronics, semiconductors, counterfeit items, diminishing manufacturing sources and material shortages, obsolescence, supply chain disruptions, cyber vulnerabilities, foreign sourced components, foreign investments, financial distress, and sourcing of critical technologies from entities within or associated with covered nations.
(c)
Activities— The Program shall—
(1)
identify and characterize supplier concentration, single-point dependencies, structural vulnerabilities, and risks arising from foreign ownership, control, or influence;
(2)
inform Department of Defense policy and funding decisions intended to enable rapid, scalable response to supply chain vulnerabilities, including creation of stockpiles and identification of alternative domestic suppliers and surge capacity; and
(3)
support and inform Department of Defense efforts to reduce reliance on covered nations for supply chains essential to the national defense.
(d)
Implementation— In implementing this section, the Assistant Secretary of Defense for Industrial Base Policy shall, in consultation with the Assistant Secretary of Defense for Sustainment and not later than 365 days after the date of the enactment of this Act—
(1)
perform an identification and assessment of the supply chain illumination efforts, supply chain risk management activities, and policies of the Department of Defense, along with annual funding profiles associated with such efforts, activities and policies;
(2)
develop a common framework across the Department of Defense and with contractors of the Department to enable a holistic and coordinated approach for identifying managing risks within defense supply chains; and
(3)
provide the Secretary of Defense the following:
(A)
Findings and recommendations based on the assessment performed under paragraph (1), including recommendations related to expansion, consolidation, or cancellation of identified supply chain illumination efforts and supply chain risk management activities.
(B)
A plan of action for successful implementation of the framework developed under paragraph (2).
(C)
Recommendations for employment of advanced data analytics and artificial intelligence capabilities or tools to support and enable Program activities, including capabilities such as—
(i)
mapping of multi-tier supply chains across the defense industrial base, including domestic and international supplier networks;
(ii)
identifying and linking entities across public records, corporate registries, trade data, and other commercial datasets to identify foreign ownership, control, or influence;
(iii)
highlighting supplier concentration, single-point dependencies, and other structural risk indicators; and
(iv)
modeling and forecasting of supply chain disruptions and economic security risks.
(e)
Commercial technology utilization— The Secretary shall ensure that any advanced data analytics and artificial intelligence capabilities or tools to support the Program are procured—
(1)
in accordance with the preference for commercial products and commercial services under section 3453 of title 10, United States Code;
(2)
in accordance with the requirements to use competitive procedures under applicable law and the Department of Defense Supplement to the Federal Acquisition Regulation; and
(3)
in a manner that provides the Department with flexibility to adapt procurement strategies to Program needs, evolving market conditions, and advances in technology throughout the life of the Program.
(f)
changed
Reporting requirements—Hardware and firmware assurance pilot program—
(1)
added
Establishment— Not later than 90 days after the date of enactment of this section, the Secretary of Defense, acting through the Assistant Secretary of Defense for Industrial Base Policy, shall carry out a pilot program in partnership with relevant private entities to conduct a third-party hardware evaluation and an independent analysis of emerging technologies capable of independently verifying the composition and integrity of commercial electronic devices procured through defense supply chains without reliance on hardware bills of materials, software bills of materials, or similar records.
(2)
added
Elements— In carrying out the pilot program established under this section, the Secretary shall—
(A)
added
identify such technologies for inclusion in the pilot program that perform non-destructive chipset-level interrogation to identify counterfeit, substituted, or compromised components within commercially-sourced equipment;
(B)
added
identify military installations where such technologies can assess equipment—
(ii)
added
that has been acquired but not yet deployed; and
(C)
added
ensure, to the extent feasible, that a variety of types of commercially-sourced equipment are included in the pilot program.
(3)
added
Report— Not later than 180 days after the date on which the pilot program commences, the Secretary 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.
(g)
added
Reporting requirements—
(1)
renumbered
was (7)(2)
Initial report— Not later than April 1, 2027, the Secretary shall submit to the congressional defense committees a report describing—
(A)
renumbered
was (7)(2)(3)
progress made in implementing the Program;
(B)
renumbered
was (7)(2)(4)
integration of Program activities with existing Industrial Base Analysis and Sustainment activities and supply chain risk management activities; and
(C)
renumbered
was (7)(2)(5)
resource requirements, including funding, personnel, data access, and technical infrastructure.
(2)
renumbered
was (7)(3)
Annual report— Not later than one year after the date on which the Program is established, and annually thereafter for five years, the Secretary shall submit to the congressional defense committees a report that includes—
(A)
renumbered
was (7)(3)(3)
an assessment of the effectiveness of the Program in improving the Department’s ability to illuminate, assess, anticipate, and respond to risks across the defense industrial base supply chain; and
(B)
renumbered
was (7)(3)(4)
any additional legislative, regulatory, or policy recommendations necessary to strengthen defense industrial base resilience.
(h)
renumbered
was (8)
Definitions— In this section:
(1)
renumbered
was (8)(3)
The term covered nation has the meaning given such term in section 4872 of title 10, United States Code.
(2)
renumbered
was (8)(4)
The term foreign ownership, control, or influence refers to ownership structures, governance arrangements, financial relationships, or other mechanisms through which a foreign person or entity may direct, materially influence, or control a supplier or sub-tier entity within the defense industrial base.
(3)
renumbered
was (8)(5)
The term economic security risks means risks arising from supply chain fragility, economic coercion by a covered nation including financing by a covered nation, or other vulnerabilities in a commercial supply chain that may adversely affect national security.
Sec. 1819
Assessment of military medical supply chains
added
(a)
added
In general— The Secretary of Defense shall conduct an assessment of the vulnerabilities to supply chains for the medical supplies and equipment used by the Department of Defense, included a detailed assessment of the reliance of the Department on sources located in China for active pharmaceutical ingredients and medical devices.
(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 the Senate a report on the findings of the assessment conducted under subsection (a).
(c)
added
Definitions— In this section:
(1)
added
The term “active pharmaceutical ingredient” has the meaning given such term section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–41).
(2)
added
The term “medical device” has the meaning given the term “device” in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
Sec. 1820
Assessment of Department of Defense supply chain vulnerabilities related to displays used in defense systems
added
(a)
added
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of supply chain vulnerabilities related to displays used in weapon systems and platforms of the Department of Defense and shall submit that assessment to the congressional defense committees.
(b)
added
Elements— The assessment shall include—
(1)
added
identification of weapon systems and platforms dependent on displays sourced from the People’s Republic of China or Taiwan;
(2)
added
assessment of risks of supply disruption and potential impacts of such disruption on operations;
(3)
added
evaluation of the capabilities of the United States and allied nations for manufacturing advanced display technologies;
(4)
added
analysis of emerging display technologies, including MicroLED displays; and
(5)
added
recommendations for reducing any dependence of the Department on foreign sources for displays in critical weapon systems and platforms.
(c)
added
Form— The assessment shall be submitted in unclassified form, but may include a classified annex.
Sec. 1821
Report on national security implications of restrictions on the cross-border movement of rare earth elements containing scrap equipment and components
added
(a)
added
Report required— Not later than a one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the national security implications of imposing restrictions on the cross-border movement, export, or transfer of rare-earth-element-containing scrap equipment, devices, components, assemblies, and related materials generated in the United States. The Under Secretary may prepare the report in coordination with the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of Homeland Security, other appropriate agencies, and may consult with domestic recyclers and processors, manufacturers, State and tribal governments, and other stakeholders.
(b)
added
Contents— The report shall include—
(1)
added
an overview of the defense systems and supply chains that rely on rare earth permanent magnets and the estimated volume of rare-earth-element-containing scrap originating from the defense industrial base;
(2)
added
the estimated quantity of rare-earth-element that could feasibly be recovered annually from domestically generated scrap;
(3)
added
the extent to which rare-earth-element-containing scrap generated domestically is exported to foreign countries for recycling and processing;
(4)
added
the extent to which scrap exports support rare-earth-element refining or magnet production in foreign countries of concern, such as the People’s Republic of China;
(5)
added
an assessment of current and projected capacity of domestic facilities to collect, process, and refine rare-earth-element-containing scrap materials;
(6)
added
an evaluation of the potential impacts of imposing export restrictions on rare-earth-element-containing scrap on the defense industrial base, domestic recycling and processing capacity, and supply chain resilience for defense systems;
(7)
added
identification of gaps in federal data collection regarding the export of rare-earth-element-containing scrap and recommendations to address said gaps; and
(8)
added
recommendations for legislative or administrative actions to strengthen domestic recovery and processing of rare earths from scrap materials, including potential mechanisms for restricting export of rare-earth-element-containing scrap to support defense supply chain resilience.
Sec. 1822
Prohibitions relating to covered distributed ledger technology and blockchain equipment or services
added
(a)
added
Prohibition on acquisition— The Secretary of Defense may not acquire, or enter into, extend, or renew a contract or other agreement for, any equipment, system, or service that uses covered distributed ledger technology and blockchain equipment or services as—
(1)
added
a substantial or essential component of such equipment, system, or service; or
(2)
added
critical technology as part of such equipment, system, or service.
(b)
added
Prohibition on loan and grant funds—
(1)
added
Prohibition— The Secretary of Defense may not obligate or expend loan or grant funds to acquire, or to enter into, extend, or renew a contract or other agreement for, any equipment, system, or service described in subsection (a).
(2)
added
Prioritization— In implementing the prohibition under paragraph (1), the Secretary of Defense, in administering a loan, grant, or subsidy program, shall prioritize available funding and technical support to assist affected entities as is reasonably necessary for those affected entities to cease use of covered distributed ledger technology and blockchain equipment or services, to acquire replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c)
added
Rule of construction— Nothing in subsection (a) or (b) shall be construed to—
(1)
added
prohibit the Secretary of Defense from acquiring from an entity, or entering into, extending, or renewing a contract or other agreement with an entity for, a service that connects to the facilities of a third party, such as blockchain protocols or interconnection arrangements; or
(2)
added
apply to wireless telecommunications equipment or third-party validators that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d)
added
Effective date— The prohibitions under subsections (a) and (b) shall take effect on the date that is two years after the date of the enactment of this section.
(e)
added
Waiver authority—
(1)
added
In general— Except as provided in paragraph (2), beginning on the effective date under subsection (d), the Secretary of Defense may, upon request of an entity, issue a waiver of the requirements under subsection (a) with respect to such entity for a period of not more than two years.
(2)
added
Requirements— The Secretary of Defense may only provide a waiver under this subsection if the entity seeking the waiver—
(A)
added
provides a compelling justification for the additional time to implement the requirements of this section; and
(B)
added
submits to the Secretary of Defense, who shall not later than 30 days thereafter submit to the Committees on Armed Services of the Senate and the House of Representatives, a full and complete description of the presence of covered distributed ledger technology and blockchain equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered distributed ledger technology and blockchain equipment or services.
(3)
added
Elements of the intelligence community— Beginning on the effective date under subsection (d), a head of an element of the intelligence community may waive the requirements under subsection (a) if such head determines the waiver is in the national security interests of the United States.
(f)
added
Definitions— In this Act:
(1)
added
The term covered distributed ledger technology and blockchain equipment or services means distributed ledger technology and blockchain equipment or services of or originating from a foreign adversary, including any of the following companies or subsidiaries thereof:
(A)
added
The Blockchain-based Services Network.
(B)
added
The Spartan Network.
(C)
added
The Conflux Network.
(E)
added
Red Date Technology Co., Ltd.
(2)
added
The term executive agency has the meaning given the term in section 133 of title 41, United States Code.
(3)
added
The term foreign adversary has the meaning given such term in section 7.2 of title 15, Code of Federal Regulations.
(4)
added
The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Sec. 1823
Feasibility study on combatant command critical minerals management
added
(a)
added
In general— The Secretary of Defense shall conduct a study assessing the feasibility of enabling commanders of unified combatant commands to independently identify, acquire, and dispose of critical minerals to enhance operational resilience and decentralized management of resources.
(b)
added
Contents— The study required by subsection (a) shall include the following:
(1)
added
An assessment of the feasibility and effectiveness of providing commanders of unified combatant commands authority to independently identify, acquire, and dispose of critical minerals through contracts, cooperative agreements, or other mechanisms to address vulnerabilities in the supply chains for critical minerals.
(2)
added
An assessment of how commanders of unified combatant commands could use the authority described in paragraph (1) to develop and implement plans for the decentralized management of resources for the areas of responsibility of the unified combatant command of the commander, including advantages, challenges, and scalability across the Department of Defense of such decentralized management of resources.
(3)
added
An estimate of the costs associated with providing the authority described in paragraph (1) and potential sources of funds to pay for such costs, including amounts authorized for the Department of Defense or the Combatant Commander Initiative Fund under section 166a of title 10, United States Code, and amounts from the disposal of critical minerals under such authority.
(4)
added
An identification of the risks to the security of the supply chain of critical minerals, operational readiness, and partnerships between the United States and other countries resulting from providing commanders of unified combatant commands the authority described in paragraph (1), and strategies to mitigate such risks.
(5)
added
Specific recommendations on whether to provide the authority described in paragraph (1) under a pilot program or a permanent grant of authority and any necessary changes to law or regulation required to provide such authority in the manner recommended.
(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 and the Comptroller General of the United States a report on the findings of the study required by subsection (a).
(d)
added
Evaluation— Not later than 180 days after the date on which the Secretary of Defense submits the report required under subsection (c) to the Comptroller General of the United States, the Comptroller General shall submit to the congressional defense committees a report assessing the findings and recommendations in the report submitted to the Comptroller General under such subsection, including an evaluation of the benefits, risks, and costs of providing commanders of unified combatant commands authority to independently identify, acquire, and dispose of critical minerals.
(e)
added
Definitions— In this section:
(1)
added
The term “critical mineral” means a mineral designated by the Secretary of Defense as a critical mineral.
(2)
added
The term “unified combatant command” has the meaning given such term in section 161 of title 10, United States Code.
Sec. 1841
Increased maximum production capacity plans for key munitions and weapons systems
(a)
changed
Requirement—Report Required— In meeting Not later than 180 days after the requirements date of the Department enactment of Defense for major munitions programs, this Act, the Secretary of Defense shall consider alternative designs, including designs such as low-cost, mass-produced munitions or other capabilities that could complement existing munitions capabilities.submit to the congressional defense committees a report on increased maximum production capacity for each covered system.
(b)
changed
Definitions—Contents— In this section—The report under subsection (a) shall include, for each covered system, the following:
(1)
changed
The current maximum production level and the term major munitions program means—maximum production level that could be established in the following fiscal year.
(A)
removed
any major munitions program within the meaning given such term in section 4172 of title 10, United States Code; and
(B)
removed
any munitions program that is identified as a critical munitions requirement by the Munitions Acceleration Council in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027; and
(2)
changed
A description of the term low-cost, mass-produced munition means any munition that can be produced specific steps required to increase maximum production capacity, including capital equipment acquisitions, facility modifications, workforce expansion, and delivered by a single contractor—supply chain development.
(3)
added
An identification of the leading challenges and bottlenecks that would constrain production increases, including single-source supplier dependencies, long-lead material shortfalls, workforce certification requirements, facility or tooling limitations, and critical subcontractor and supplier dependencies necessary to achieve surge production capacity.
(4)
added
The estimated timeline for achieving production at each of the following capacity levels relative to the current contract rate, together with the assumptions underlying each timeline estimate:
(A)
added
150 percent of the current production rate.
(B)
added
200 percent of the current production rate.
(C)
added
500 percent of the current production rate.
(5)
added
The estimated cost to the Government of the actions necessary to achieve each capacity level identified under paragraph (4), expressed as—
(A)
added
the estimated additional contract cost per covered system at each such level; and
(B)
added
the estimated total capital and nonrecurring investment required.
(c)
added
Form— The report under subsection (a) may be submitted in classified form.
(d)
added
Covered System Defined— In this section, the term “covered system” means—
(1)
added
each munition or weapon system for which multiyear procurement authority is provided under this Act, including each system described in sections 1839 and 1840 of this Act; and
(2)
added
any other system, as determined by the Secretary of Defense.
(A)
removed
in quantities two or more times greater than the quantities that the relevant existing munition can be produced and delivered in a single fiscal year using production capacity that is currently available to the contractor; and
(B)
removed
at a cost to the Department at least 25 percent lower per unit than the relevant existing munition.
Sec. 1842
Managing and mitigating risks in major munitions programs
(a)
changed
Assessments—Requirement— The Comptroller General In meeting the requirements of the United States shall conduct one or more assessments Department of how Defense for major munitions programs, the Secretary of Defense can improve procurement of weapon systems and technologies.shall consider alternative designs, including designs such as low-cost, mass-produced munitions or other capabilities that could complement existing munitions capabilities.
(b)
changed
Elements—Definitions— Any assessment under subsection (a) shall include the following:In this section—
(1)
changed
An evaluation of the extent to which the members of the acquisition workforce (as defined in section 101 of title 10, United States Code) have the knowledge, skills, and expertise necessary to negotiate a fair deal for weapon systems and technologies for the Department of Defense.term major munitions program means—
(A)
added
any major munitions program within the meaning given such term in section 4172 of title 10, United States Code; and
(B)
added
any munitions program that is identified as a critical munitions requirement by the Munitions Acceleration Council in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027; and
(2)
changed
With respect to a procurement described in subsection (a), a determination of whether the Secretary—term low-cost, mass-produced munition means any munition that can be produced and delivered by a single contractor—
(A)
changed
has sufficient understanding and data on in quantities two or more times greater than the incentives quantities that the relevant existing munition can be produced and motivations of defense contractors necessary to negotiate delivered in a fair deal for single fiscal year using production capacity that is currently available to the Department of Defense;contractor; and
(B)
changed
has and uses mechanisms at a cost to assess contractor performance and tools for accountability for meeting contractual obligations;the Department at least 25 percent lower per unit than the relevant existing munition.
(C)
removed
understands the data rights needed to maintain, sustain, and upgrade weapon systems and effectively uses contracting approaches to facilitate iterative development and to adopt commercial technologies;
(D)
removed
has sufficient understanding of, and can monitor changes in, the defense industrial base, including the effect of mergers and acquisitions and tracking as new entrants; and
(E)
removed
evaluates the effectiveness of efforts to reduce supply chain risks and measure the effects of available industrial policy tools.
(c)
removed
Briefing— Not later than 60 days after the date of the enactment of this section, the Comptroller General shall provide to the congressional defense committees a briefing on plans for any assessments required under subsection (a) and a timeline and format for delivery of the final results of such assessments.
Sec. 1843
Comptroller General assessment on improving weapon systems and technology procurement
added
(a)
added
Assessments— The Comptroller General of the United States shall conduct one or more assessments of how the Secretary of Defense can improve procurement of weapon systems and technologies.
(b)
added
Elements— Any assessment under subsection (a) shall include the following:
(1)
added
An evaluation of the extent to which the members of the acquisition workforce (as defined in section 101 of title 10, United States Code) have the knowledge, skills, and expertise necessary to negotiate a fair deal for weapon systems and technologies for the Department of Defense.
(2)
added
With respect to a procurement described in subsection (a), a determination of whether the Secretary—
(A)
added
has sufficient understanding and data on the incentives and motivations of defense contractors necessary to negotiate a fair deal for the Department of Defense;
(B)
added
has and uses mechanisms to assess contractor performance and tools for accountability for meeting contractual obligations;
(C)
added
understands the data rights needed to maintain, sustain, and upgrade weapon systems and effectively uses contracting approaches to facilitate iterative development and to adopt commercial technologies;
(D)
added
has sufficient understanding of, and can monitor changes in, the defense industrial base, including the effect of mergers and acquisitions and tracking as new entrants; and
(E)
added
evaluates the effectiveness of efforts to reduce supply chain risks and measure the effects of available industrial policy tools.
(c)
added
Briefing— Not later than 60 days after the date of the enactment of this section, the Comptroller General shall provide to the congressional defense committees a briefing on plans for any assessments required under subsection (a) and a timeline and format for delivery of the final results of such assessments.
Sec. 1844
Combat tracked vehicle drivetrain reciprocity and supply chain security
added
(a)
added
Limitation— On or after the date of the enactment of this section, the Secretary of Defense may not procure, directly or through a prime contractor, original equipment manufacturer, lead systems integrator, or subcontractor at any tier, a drivetrain system for use in an advanced combat tracked vehicle of the Department of the Army currently in development if such system is—
(1)
added
manufactured in a foreign country; or
(2)
added
manufactured in the United States by a manufacturer that is directly or indirectly owned or controlled by a parent entity headquartered in a foreign country, unless United States firms that manufacture such drivetrain systems are permitted to compete on substantially equal terms for the sale of such systems in—
(A)
added
that foreign country; or
(B)
added
the foreign country in which the parent entity is headquartered.
(b)
added
Waiver authority— The Secretary may waive the limitation in subsection (a) if the Secretary—
(1)
added
determines that procurement of a drivetrain system under such subsection is in the national security interests of the United States;
(2)
added
determines that the benefits outweigh any risks to long-term sustainment or supply-chain continuity that may result from such procurement; and
(3)
added
submits a written justification for issuing such waiver to the congressional defense committees not later than 120 days before the date on which the Secretary procures a drivetrain system that, but for the waiver, would otherwise be prohibited under subsection (a).
(c)
added
Rule of construction— Nothing in this section shall be construed to prohibit the Department of Defense from awarding or maintaining a contract with an original equipment manufacturer, prime contractor, or lead systems integrator for an advanced combat tracked vehicle. Nothing in this subsection shall be construed to authorize the procurement of a drivetrain system that does not comply with subsection (a) and is not covered by a waiver under subsection (b).
(d)
added
Compliance flexibility— In implementing the requirements of this section with respect to an advanced combat tracked vehicle, the Secretary of Defense may use such program management and acquisition tools as the Secretary determines are appropriate, including supplier substitution, second sourcing, directed sourcing, licensing arrangements, teaming arrangements, domestic production arrangements, and technical-data or sustainment-access arrangements, to enable the continued use of an original equipment manufacturer, prime contractor, or lead systems integrator with respect to such vehicle while ensuring that the drivetrain system procured for use in such vehicle complies with subsection (a) or is covered by a waiver issued under subsection (b).
(e)
added
Applicability— The prohibition in subsection (a) shall apply with respect to contracts or other agreements to procure a drivetrain system entered into on or after the date of the enactment of this section.
(f)
added
Definitions— In this section:
(1)
added
The term advanced combat tracked vehicle means a combat tracked vehicle of the Department of the Army that has entered, but not yet completed, the engineering and manufacturing development phase of the defense acquisition process.
(2)
added
The term drivetrain system means a transmission, cross-drive assembly, final drive, drivetrain module, hybrid-electric drive module, or other mechanical or electro-mechanical system that transfers power from a propulsion source to the tracks of a combat tracked vehicle, but does not include engines.
(3)
added
The term headquartered, with respect to an entity, means—
(A)
added
such entity is organized under the laws of a country; or
(B)
added
the principal place of business of such entity is located in a country.
(4)
added
The term lead systems integrator has the meaning given in section 802 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 4292 note).
(5)
added
The term long-term sustainment or supply-chain continuity risk includes resilience against foreseeable geopolitical or trade-policy volatility over the expected service life of the drivetrain system.
(6)
added
The term United States firm has the meaning given in section 4852(d)(1) of title 10, United States Code.
Sec. 1845
Feasibility of original equipment manufacturer designation of sources of supply for ground support equipment parts
added
(a)
added
Briefing required— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide a briefing to the congressional defense committees on the feasibility of implementing a process under which an original equipment manufacturer may designate one or more of its current suppliers as a source of supply for parts produced by such supplier.
(b)
added
Elements— The briefing required under subsection (a) shall include the following:
(1)
added
An assessment of the feasibility of establishing a process by which a supplier designated by an original equipment manufacturer as a source of supply for a part may be recognized within Department of Defense supply systems as a vendor for such part not later than 30 days after such designation.
(2)
added
An assessment of the potential benefits of such a process with respect to—
(A)
added
improving direct oversight and supervision of suppliers by original equipment manufacturers;
(B)
added
increasing efficiency within the defense acquisition and sustainment process;
(C)
added
expanding the availability of qualified sources of supply for parts and materials;
(D)
added
reducing administrative burdens associated with supplier qualification and procurement activities; and
(E)
added
improving readiness outcomes through more timely access to critical parts and materials.
(3)
added
An assessment of the feasibility and benefits of ensuring that all suppliers of ground support equipment parts and materials are subject to—
(A)
added
the certificate revocation requirements under section 44726 of title 49, United States Code; and
(B)
added
the penalties under section 38 of title 18, United States Code, for purposes of preventing the acquisition of counterfeit ground support equipment parts and materials.
(4)
added
Recommendations for any legislative, regulatory, policy, contracting, or information technology systems changes necessary to implement the process described in paragraph (1).
(c)
added
Definitions— In this section:
(1)
added
The term “ground support equipment” means equipment, parts, and materials used to support the operation, maintenance, servicing, or sustainment of military aircraft and related systems.
(2)
added
The term “original equipment manufacturer” means a manufacturer that designs, develops, produces, or maintains equipment or components acquired by the Department of Defense.
(3)
added
The term “source of supply” means a supplier designated by an original equipment manufacturer as authorized to manufacture, produce, or provide a part for use in support of equipment produced or supported by such manufacturer.
Sec. 1846
Feasibility of common certifications for naval aviation and naval sea systems supply chains
added
(a)
added
Report required— Not later than 180 days after the date of the enactment of this section, the Assistant Secretary of Defense for Industrial Base Policy, in coordination with the Secretary of the Navy, shall submit to the congressional defense committees a report on the feasibility of establishing common certification standards for suppliers participating in the supply chains of the Naval Air Systems Command and the Naval Sea Systems Command.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An assessment of the current certification requirements for suppliers to the Naval Air Systems Command and the Naval Sea Systems Command, including an identification of certifications that are duplicative, overlapping, or could be standardized across both commands without compromising quality, safety, or security standards.
(2)
added
An assessment of the feasibility of establishing a common certification framework under which a supplier certified to participate in the supply chain of one command would be recognized, without redundant qualification processes, as eligible to participate in the supply chain of the other command.
(3)
added
An assessment of the potential effects of such a common certification framework with respect to—
(A)
added
increasing competition among suppliers for contracts with the Naval Air Systems Command and the Naval Sea Systems Command;
(B)
added
expanding access to a greater number of qualified suppliers for each command;
(C)
added
reducing administrative and compliance burdens on suppliers, particularly 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), associated with maintaining separate certifications for each command;
(D)
added
improving the sustainability and resilience of the naval supply chain industrial base; and
(E)
added
any risks to quality assurance, safety, or national security that may result from certification standardization.
(4)
added
Recommendations for any legislative, regulatory, or policy changes necessary to implement a common certification framework, including any changes to existing qualification requirements administered by the Defense Contract Management Agency or other relevant entities.
(c)
added
Definitions— In this section:
(1)
added
The term Naval Air Systems Command means the systems command of the Department of the Navy responsible for research, development, acquisition, and sustainment of naval aviation systems.
(2)
added
The term Naval Sea Systems Command means the systems command of the Department of the Navy responsible for research, development, acquisition, and sustainment of naval sea systems.
Sec. 1847
Report on dependency on China for processing materials for Department of Defense supply chains
added
(a)
added
Methodology— The Secretary of Defense shall develop and implement a methodology to identify and assess dependencies of the Department of Defense on the People’s Republic of China for the processing, refining, separation, alloying, magnet manufacturing, or other midstream production stages of materials critical to the defense industrial base.
(b)
added
Report— Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report identifying priority defense supply chains with significant midstream processing exposure to China and recommendations for mitigation of such exposure.
Sec. 1848
Prohibition on acquisition of certain silicon carbide-based semiconductors manufactured in China
added
(a)
added
Restrictions on silicon carbide wafer sourcing— The Secretary of Defense shall revise section 252.225 of the Department of Defense Supplement to the Federal Acquisition Regulation to prohibit the procurement of semiconductors, other than commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code), that are manufactured on silicon carbide wafers that are manufactured in the Peoples Republic of China. Such revision may provide the authority for the Secretary to issue a waiver on a case-by-case basis.
(b)
added
Briefing on financial instruments— Not later than 180 days after the date of the enactment of this section, the Secretary of Defense and the Deputy Secretary of Defense shall conduct a review, and provide to the congressional defense committees a briefing on the results of such a review, of domestic manufacturers of silicon carbide wafers that are critical to the Department of Defense and that are facing challenges due to Chinese exports of such wafers.
(c)
added
Briefing on establishment of common foundries— Not later than 180 days after the date of the enactment of this section, the Secretary of Defense provide to the congressional defense committees a briefing that evaluates the merits of encouraging major prime contractors in the defense industrial base to consolidate silicon carbide semiconductor design and fabrication operations in common commercial foundries to encourage economies of scale and quality improvements.
(d)
added
Consultation with the chips program office— The Secretary shall provide information to the Secretary of Commerce and other appropriate Federal agency heads on the use of Research and Development amounts to develop silicon carbide-related manufacturing technology for manufacturing high-purity single crystal silicon carbide boules, ingots, and wafers at 300mm scale for purposes of—
(1)
added
developing next-generation high-voltage technology; and
(2)
added
advancing state-of-the-art packaging power modules.
(e)
added
Policy on interagency deliberations— Not later than 90 days after the date of the enactment of this section, the Secretary of Defense shall issue a policy for recommendations for interagency consideration in deliberations on—
(1)
added
encouraging allied and partner countries to ensure the silicon carbide substrate supply chains of such countries for national security systems and critical infrastructure do not include Chinese-manufactured silicon carbide wafers; and
(2)
added
developing an integrated strategic plan to apply trade enforcement actions to prevent China from dominating the silicon carbide semiconductor manufacturing industry, resulting in the dependency of the United States on Chinese sources for silicon carbide substrates, chips, and power modules.
Sec. 1862
Authority to write off capital expenditures for certain depots of Department of Defense
Chapter 146 of title 10, United States Code, is amended by inserting after section 2470 the following new section:
“2471. Accounting for certain depots: authority to write off capital expenditures
“(a) Authority—With respect to any covered depot, the Secretary of Defense may write off, for accounting purposes, any depreciated cost or debt associated with capital that does not generate revenue as a result of a Government-directed mission change.
changed
“(b) Delegation Recovery of authority—The Secretary may delegate the authority outlays—Write-offs under subsection (a) to the Secretary of shall be done in a military department.manner than ensures any previous cash outlay from a revolving fund is recovered.
changed
“(c) Covered depot defined—In this section, Delegation of authority—The Secretary may delegate the term covered depot has authority under subsection (a) to the meaning given such term in section 2476 Secretary of this title.”a military department.
added
“(d) Covered depot defined—In this section, the term covered depot has the meaning given such term in section 2476 of this title.”
Sec. 1876
Authorization of use of APEX Accelerators
added
added
Notwithstanding any other provision of law, APEX Accelerators may assist small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) in receiving contracts for the production of and research on defense articles (as defined in section 301 of title 10, United States Code) under the partnership among Australia, the United Kingdom, and the United States (commonly known as “AUKUS”).
Sec. 1877
Report on barriers for small and medium-sized businesses competing for classified contracts
added
(a)
added
In general— 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 barriers to entry for small and medium-sized businesses seeking to compete for classified contracts with the Department of Defense.
(b)
added
Matters to be included— Such report shall include the following:
(1)
added
An examination of any barriers that impede the ability of such businesses to obtain and maintain the security clearances and access to networks necessary to compete for classified contracts that require such clearances.
(2)
added
An examination of any other barriers that impede the ability of such businesses that are qualified and have subject-matter expertise to compete for classified contracts with the Department of Defense.
(3)
added
Recommendations for how to lower such barriers to entry and better allow such businesses to compete for such contracts.
Sec. 1878
Report on aligning Small Business Investment Company program with defense industrial base requirements
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of Defense, in coordination with the Administrator of the Small Business Administration, shall submit to the congressional defense committees a report that—
(1)
added
identifies priority capital-intensive defense industrial base sectors, including—
(A)
added
munitions and energetics;
(B)
added
forgings and castings;
(C)
added
propulsion components;
(D)
added
specialty chemicals; and
(E)
added
other critical manufacturing sectors identified by the Secretary of Defense;
(2)
added
assesses the extent to which investments made through the SBIC program are aligned with the sectors identified under paragraph (1);
(3)
added
maps, to the extent practicable, SBIC-backed portfolio companies to defense-relevant production and manufacturing activities, including those supporting—
(A)
added
facility construction and expansion;
(B)
added
tooling, industrial equipment, and advanced manufacturing capabilities;
(C)
added
workforce development associated with production scaling; and
(D)
added
supply chain resilience and domestic sourcing of critical inputs;
(4)
added
assesses the extent to which the SBIC program is contributing to—
(A)
added
increased production capacity and throughput;
(B)
added
reduced production timelines and bottlenecks;
(C)
added
expanded surge capacity and mobilization readiness; and
(D)
added
mitigation of supply chain vulnerabilities, including reliance on foreign entities of concern;
(5)
added
describes the types of capital deployed through SBIC funds in defense-relevant sectors, including equity investments, subordinated debt, and other financing structures, and evaluates whether such capital is suited to capital-intensive manufacturing requirements;
(6)
added
identifies barriers to greater SBIC participation in defense industrial base sectors, including—
(A)
added
risk-return profiles associated with capital-intensive manufacturing investments;
(B)
added
statutory or regulatory limitations within the SBIC program;
(C)
added
information asymmetries between the Department of Defense and private fund managers; and
(D)
added
challenges related to contracting timelines, demand signals, or program stability; and
(7)
added
provides recommendations to improve alignment between the SBIC program and defense industrial base requirements.
(b)
added
Definitions— In this section:
(1)
added
The term “SBIC” means a small business investment company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)).
(2)
added
The term “SBIC program” means the small business investment company program of the Small Business Administration.
Sec. 1883
Workforce development initiatives to support mining of critical minerals
(a)
changed
Requirement for initiatives— In order to support and enable the development of domestic critical mineral supply chains to meet defense industrial base requirements, the Secretary of Defense shall use existing authorities, including authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) and under section 4817 of title 10, United States Code, to ensure that the workforce development initiatives of the Department of Defense for the defense industrial base include workforce development initiatives to support the mining industry.
(b)
Initiatives that may be included— The initiatives required by subsection (a) may include—
(1)
contracts, grants, cooperative agreements, or other transactions with accredited mining schools for the purpose of recruiting and educating the next generation of mining engineers, faculty, and other qualified professionals;
(2)
scholarship, stipend, or tuition assistance programs designed to reduce financial barriers to entry into fields related to critical minerals;
(3)
workforce development pathways, such as cooperative education, apprenticeships, internships, and work-based learning opportunities, in fields related to critical minerals;
(4)
industry-driven senior design projects, applied research opportunities, faculty development, and other experiential learning activities directly related to production and processing of critical minerals; and
(5)
activities to recruit, train, qualify, and place individuals into the mining profession or occupations supporting the supply chains for critical minerals.
(c)
Priority— In carrying out this section, the Secretary shall prioritize initiatives that—
(1)
align with current and projected defense industrial base requirements for critical minerals; and
(2)
demonstrate the ability to expand workforce training, credentialing, and placement into the mining profession or occupations supporting the supply chains for critical minerals.
(d)
Coordination— The Secretary shall ensure that activities carried out under this section are coordinated with other workforce development initiatives of the Department of Defense for the defense industrial base and with institutions and entities participating in such initiatives.
(e)
Recommendations to enhance implementation—
(1)
Assessment— Not later than September 1, 2027, the Secretary shall complete an assessment of the feasibility and advisability of requiring, as a condition of award, that the prime awardee of a covered project award actively participate in one or more workforce development initiatives to support the mining industry, including the feasibility and advisability of requiring that the prime awardee—
(A)
establish and maintain a partnership with an accredited mining school as described in subsection (b)(1);
(B)
establish and maintain one or more workforce development pathways as described in subsection (b)(3) that are aligned with the workforce needs of the project and are for United States veterans and members of the Armed Forces who are transitioning to civilian life; and
(C)
implement any other workforce development initiative identified by the Secretary for inclusion in the assessment.
(2)
Report— Not later than March 1, 2028, the Secretary shall submit to the congressional defense committees a report on the assessment, including the results of the assessment and any recommendations the Secretary may have to expand domestic mining, processing, refining, recycling, or related production capacity for critical minerals.
(f)
changed
Annual report—briefing— Not later than one year after the date of the enactment of this Act, and each year thereafter through 2030, 2035, the Secretary shall submit provide to the congressional defense committees a report briefing describing—
(1)
the activities carried out under this section;
(2)
the number of participants supported through workforce development initiatives described in this section and the workforce placement outcomes for those participants; and
(3)
any recommendations the Secretary may have to improve the development of mining schools to meet the future workforce needs.
(g)
Definitions— In this section:
(1)
changed
The term covered project award means an award for a project to expand domestic mining, processing, refining, recycling, or related production capacity for critical minerals made by the Department of Defense under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) or under section 4817 of title 10, United States Code.
(2)
The term mining industry means the mining industry of the United States, consisting of the search for, and extraction, beneficiation, refining, smelting, processing, reprocessing, and recycling of, naturally occurring metal and nonmetal minerals from the earth.
(3)
The term mining profession means the body of jobs directly relevant to—
(A)
the exploration, planning, execution, and remediation of metal and nonmetal mining sites; and
(B)
the extraction, including the separation, refining, alloying, smelting, concentration, processing, beneficiation, reprocessing, and recycling, of mineral ores.
(4)
changed
The term mining school means—means a mining, metallurgical, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology that is located at an institution of higher education, including a Tribal College or University.
(A)
removed
a mining, metallurgical, geological, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology that is located at an institution of higher education, including a Tribal College or University; or
(B)
removed
a geology or engineering program or department that is located at a 4-year public institution of higher education located in a State the gross domestic product of which in 2024 was not less than $2,000,000,000 in the combined categories of “Mining (except oil and gas)” and “Support activities for mining”, according to the Bureau of Economic Analysis.
(5)
The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
Sec. 1884
Establishment of Schedule V for veteran employment reporting by defense contractors
added
added
Chapter 367 of title 10, United States Code, is amended by adding at the end the following new section:
added
“4755. Schedule V for veteran employment reporting by defense contractors
added
“(a) Establishment—The Secretary of Defense shall develop and implement a standardized disclosure schedule, to be known as “Schedule V”, to be included in the terms of award of any contract, subcontract, or grant—
added
“(1) where the estimated annual value of such contract, subcontract, or grant is greater than or equal to $20,000,000; or
added
“(2) if the awardee of such contract, subcontract, or grant has an average annual revenue greater than or equal to $1,000,000,000.
added
“(b) Disclosure requirements—An awardee of a contract, subcontract, or grant described in subsection (a) shall, on an annual basis, disclose on Schedule V veteran employment and retention date, including—
added
“(1) the number of veterans hired annually for the previous three years;
added
“(2) the number of those veterans retained 12 and 24 months after initial hire date; and
added
“(3) a summary of the awardee’s veteran retention initiatives, if any.
added
“(c) Subcontracting and indirect vendors—The Secretary shall ensure Schedule V requirements apply, to the greatest extent practicable, to an indirect supplier or subcontractor of an awardee, where such supplier or subcontractor is performing a work under the awardee’s contract, subcontract, or grant with estimated annual value greater than or equal to $20,000,000 or with an average annual revenue greater than or equal to $1,000,000,000.
added
“(d) Public accessibility—The disclosures required under subsection (c) shall be submitted to the relevant contracting officer or grant officer and made publicly available through the Federal Procurement Data System or another centralized Government database designated by the Secretary.
added
“(e) Implementation—The Secretary shall issue regulations to implement this section not later than one year after the date of the enactment of this section. These regulations may include exemptions for small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and flexibilities for pilot implementation of the requirements of this section.”
Sec. 1893
Inapplicability of Berry Amendment exceptions to certain seafood purchases
(a)
added
In general— Section 4862 of title 10, United States Code, is amended—
removed
Section 4862 of title 10, United States Code, is amended—
(1)
renumbered
was (3)
by amending subsection (g) to read as follows:
“(g) Exception for Commissaries, Exchanges, and Other Nonappropriated Fund Instrumentalities—Subsection (a) does not apply to items purchased for resale purposes in commissaries, exchanges, or nonappropriated fund instrumentalities operated by the Department of Defense.”
(2)
renumbered
was (4)
by inserting after subsection (k) the following new subsection:
added
“(l) Application to certain seafood purchases—The exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product.
added
“(b) Report—Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on implementation of the amendments made by this section. The Secretary shall include in such report—
added
“(1) the total volume and value of fish, shellfish, and seafood products procured by commissaries, exchanges, and nonappropriated fund instrumentalities during the preceding fiscal year, disaggregated by domestic and foreign origin;
added
“(2) the States and territories of the United States from which such products were sourced, including the volume and value attributable to each; and
added
“(3) the steps taken by the Secretary to maximize procurement of domestically sourced seafood products, including from States and territories of the United States located within the area of responsibility of the United States Indo-Pacific Command.”
removed
“(l) Application to certain seafood purchases—The exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product.”
Sec. 1895
Inventory of legacy semiconductor dependencies
added
(a)
added
In general— The Secretary of Defense shall conduct an inventory of legacy semiconductors that are required for the production, sustainment, maintenance, or modernization of a major defense acquisition program and submit to the congressional defense committees a plan to eliminate reliance on foreign single-source suppliers of such legacy semiconductors.
(b)
added
Definitions— In this section:
(1)
added
The term “legacy semiconductor” means—
(A)
added
a semiconductor device fabricated using process technologies of 28 nanometers or larger; or
(B)
added
any semiconductor designated by the Secretary of Defense as a mature-node semiconductor critical to the sustainment, maintenance, or operation of a major defense acquisition program.
(2)
added
The term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code.
Sec. 1896
Critical minerals recovery from unconventional feedstocks
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of Energy and the Secretary of the Interior, shall support demonstration and early commercial deployment of technologies capable of recovering covered materials relevant to the defense industrial base from unconventional feedstocks, including tailings from mining operations, low-grade ores, industrial waste streams, and recycled materials.
(b)
added
Eligible technologies— Technologies described in subsection (a) may include hydrometallurgical, solvent extraction, electrochemical, pyrometallurgical, separation and purification, biological, bioleaching, and other advanced recovery, processing, and refining technologies capable of recovering, upgrading, refining, or converting covered materials.
(c)
added
Form of support— The Secretary of Defense may provide support under this section through—
(1)
added
the authorities of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.);
(2)
added
grants, cooperative agreements, and other transactions;
(3)
added
pilot projects, demonstration projects, and prototype projects;
(4)
added
procurement contracts, purchase commitments, and offtake agreements;
(5)
added
activities carried out under the Strategic Environmental Research and Development Program, the Environmental Security Technology Certification Program, Industrial Base Analysis and Sustainment activities, and other Department of Defense programs; and
(6)
added
any other authority available to the Secretary.
(d)
added
Definitions— In this section:
(1)
added
Covered material— The term “covered material” means any mineral, element, substance, or material on the list of critical minerals published under section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c)), any critical material determined by the Secretary of Energy under section 7002(a)(2) of that Act, or any strategic and critical material under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), including ores, oxides, intermediates, byproducts, and refined forms thereof.
(2)
added
Unconventional feedstock— The term “unconventional feedstock” means any domestic source of covered materials other than newly mined, on-specification primary ore concentrate processed by conventional means, including:
(A)
added
tailings, waste rock, and residues from current or legacy mining operations;
(B)
added
low-grade, off-grade, or off-specification ores and concentrates;
(C)
added
slags, drosses, anode slimes, leach residues, process liquors, and other byproducts, intermediate streams, or wastes from mineral processing, smelting, refining, or manufacturing operations;
(D)
added
industrial waste streams, including energy, chemical, metallurgical, and defense-related industrial processes; and
(E)
added
recycled, scrap, end-of-life, and urban-mined materials.
Sec. 1897
Report on use of copper by Armed Forces
added
added
Not later than 180 days after the date of the enactment of this section, the Secretary of Defense, in consultation with the Secretary of the Interior, shall submit to Congress a report that includes—
(1)
added
an assessment of the annual copper requirements of the Armed Forces;
(2)
added
an evaluation of the extent of the reliance of the Armed Forces on foreign sources of copper; and
(3)
added
an identification of the effect that increased domestic mining and refining of copper may have on military readiness of the Armed Forces.
Sec. 1898
Preference for domestically sourced uranium and other critical minerals by Department of Defense and National Nuclear Security Administration
added
(a)
added
Preference— In carrying out programs of the Department of Defense and the National Nuclear Security Administration authorized under this Act, the Secretary of Defense and the Administrator for Nuclear Security shall, to the maximum extent practicable, give preference to the sourcing of uranium and other critical minerals that are mined and processed in the United States.
(b)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly submit to the congressional defense committees a report containing an assessment of—
(1)
added
the domestic supply of uranium and other critical minerals for purposes of this section; and
(2)
added
the dependence of the Department of Defense and the National Nuclear Security Administration on foreign countries of concern for such materials.
(c)
added
Definitions— In this section:
(1)
added
The term “critical mineral” means any mineral on the list of critical minerals of the United States Geological Survey titled “Final 2025 List of Critical Minerals” (90 Fed. Reg. 50494), dated November 7, 2025, as in effect on the date of the enactment of this Act.
(2)
added
The term “foreign country of concern” means a foreign country designated as such by the Secretary of Defense or the Administrator for Nuclear Security for purposes of this section.
Sec. 1899
Assessment of industrial base for turbojet pyrotechnic devices
added
(a)
added
Findings— Congress finds the following:
(1)
added
Turbojet pyrotechnic devices are critical for the operation of aerial targets and unmanned systems used in military training and testing, and weapon systems.
(2)
added
Current supply chain lead times of 18 to 36 months exceed the Department of Defense's 12-month requirement, creating a production bottleneck that poses risks to readiness and operational effectiveness.
(b)
added
Report required— Not later than March 1, 2027, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Army and the Assistant Secretary of Defense for Industrial Base Policy, shall submit to the congressional defense committees a report that, with respect to turbojet pyrotechnic devices—
(A)
added
projected demand through fiscal year 2030, including with respect to initiators, igniters, pyroflares, turbine start cartridges, and other similar pyrotechnic devices;
(B)
added
current United States production capacity, scalability, and lead times;
(C)
added
supply chain vulnerabilities and impacts on readiness; and
(D)
added
potential commercial or dual-use applications; and
(2)
added
provides recommendations to reduce supply chain lead times, diversify suppliers, and strengthen the industrial base.
(c)
added
Implementation authority— The Secretary of Defense may initiate pilot efforts or partnerships that support implementation of the recommendations in the report under subsection (b).
Sec. 1899A
Funding for fan-out wafer level packaging program of industrial base analysis and sustainment program
added
(a)
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, line 233, as specified in the corresponding funding table in section 4201, is hereby increased by $10,000,000 for the fan-out wafer level packaging program of the Industrial Base Analysis and Sustainment Program of the Department of Defense.
(b)
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance Defense-wide, line 480, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense, is hereby reduced by $10,000,000.
Sec. 2610
Extension and modification of authority to carry out fiscal year 2022 project at Sumpter Smith Air National Guard Base, Birmingham, Alabama
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 authorization set forth in the table in subsection (c), as provided in section 2604 of that Act (135 Stat. 2179), shall remain in effect until October 1, 2028, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029, whichever is later.
(b)
added
Modification of project amounts—
(1)
added
Project authorization— The authorization table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2179) is amended in the item relating to Sumpter Smith Air National Guard Base, Alabama, by striking the dollar amount and inserting “$15,000,000”.
(2)
added
Funding authorization— The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2022 is amended in the item relating to Sumpter Smith Air National Guard Base, Alabama—
(A)
added
by striking the dollar amount and inserting “$15,000,000”; and
(B)
added
by striking “security and”.
(c)
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2818
Modification to required investments in improving military unaccompanied housing
(a)
In general— Section 2814 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended—
(A)
by striking “a covered fiscal year” and inserting “the fiscal years specified in subsection (e)”; and
(B)
by striking “five percent” and inserting “ten percent”;
(2)
by amending subsection (b)(1) to read as follows:
“(1) The term military unaccompanied housing has the meaning given in section 2871 of title 10, United States Code.”
(3)
by redesignating subsection (c) as subsection (e);
(4)
by inserting after subsection (b) the following new subsections:
“(c) Standards—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a Department-wide standard for tracking the use of facilities sustainment, restoration, and modernization funds for military unaccompanied housing.
changed
“(d) Report—Along with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall report on the extent to which each Secretary of a military department is meeting the minimum requirements of this section.”section. The first such report shall include data on the extent to which each Secretary of a military department has met such minimum requirements for each of fiscal years 2022 through 2026.”
(5)
in subsection (e), by striking “2026” and inserting “2031”.
(b)
Applicability— This section and the amendments made by this section shall apply with respect to amounts reserved pursuant to section 2814 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) on or after October 1, 2026.
Sec. 2819
Inapplicability of National Historic Preservation Act to certain military housing
added
added
Section 307104 of title 54, United States Code, is amended to read as follows:
added
“307104. Inapplicability of division to White House, Supreme Court building, United States Capitol, and certain military housing
added
“(a) In general—Nothing in this division applies to—
added
“(1) the White House and its grounds, the Supreme Court building and its grounds; or
added
“(2) except as provided in subsection (b), any building or structure on a military installation that is or has ever been used as—
added
“(A) military unaccompanied housing; or
added
“(B) military family housing,
added
“(b) Exception—The exception under subsection (a) shall not apply to—
added
“(1) any building or structure described in paragraph (2) of such subsection that is listed on the National Register of Historic Places as of January 20, 2025; or
added
“(2) any such building or structure the Secretary of Defense specifically exempts from this provision, subject to subsection (c).
added
“(c) Limitation
added
“(1) Number of exemptions—If the Secretary of Defense elects to make a discretionary exemption under subsection (b), the total number of discretionary exemptions may not exceed one-one-tenth of one percent of the total number of buildings or structures on military installations that are or ever have been used as military unaccompanied housing or military family housing.
added
“(2) Management of exempted buildings—Any buildings or structures specifically exempted by the Secretary of Defense pursuant to subsection (b)(1) shall be managed in accordance with this division unless or until the Secretary of Defense elects to remove the discretionary exemption granted to any such building or structure.”
Sec. 2819A
Notification to tenants of complaint database
added
added
Section 2894a(a) of title 10, United States Code, is amended by adding at the end the following new sentence: “Upon entering into or renewing a lease for a housing unit, the landlord responsible for such unit shall provide a notice to the tenant of such unit of the database established by this section.”
Sec. 2829
Report on counterintelligence risks associated with real property transactions near military installations
added
(a)
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on efforts of the Department of Defense to identify, assess, and mitigate counterintelligence, force protection, operational security, and military readiness risks arising from real property transactions located in proximity to military installations and other defense-sensitive sites within the United States.
(b)
added
Report elements— The report required under subsection (a) shall include—
(1)
added
a description of the policies, procedures, authorities, and resources used by the Department of Defense to identify, assess, and mitigate national security risks associated with real property acquisitions, leases, concessions, development projects, and other transactions located in proximity to military installations and other defense-sensitive sites;
(2)
added
an assessment of counterintelligence, force protection, operational security, and military readiness risks associated with foreign ownership, control, influence, or investment involving property located in the United States and within—
(A)
added
100 miles of a military installation, as defined in section 2801(c)(4) of title 10, United States Code; or
(i)
added
a military training route, as defined in section 183a(h) of title 10, United States Code;
(ii)
added
airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations, and managed by the Department of Defense;
(iii)
added
a controlled firing area, as defined in section 1.1 of title 14, Code of Federal Regulations, used by the Department of Defense; or
(iv)
added
a military operations area, as defined in section 1.1 of title 14, Code of Federal Regulations;
(3)
added
a specific assessment of risks associated with transactions involving a foreign person owned or controlled by, acting on behalf of, or subject to the direction of—
(A)
added
the Government of the People’s Republic of China;
(B)
added
the Government of the Russian Federation;
(C)
added
the Government of the Islamic Republic of Iran;
(D)
added
the Government of the Democratic People’s Republic of Korea; or
(E)
added
a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(4)
added
a description of the processes used by the Department to coordinate with the Committee on Foreign Investment in the United States and other Federal departments and agencies regarding transactions that may present national security concerns;
(5)
added
a description of transactions identified by the Department during the preceding three years as presenting potential counterintelligence, force protection, operational security, military readiness, or other national security concerns, including—
(A)
added
the number and general nature of such transactions;
(B)
added
the basis for the Department’s concern, as appropriate;
(C)
added
actions taken by the Department to assess, mitigate, or otherwise address such concerns; and
(D)
added
coordination undertaken with the Committee on Foreign Investment in the United States or other Federal departments and agencies in connection with such transactions; and
(6)
added
an assessment of any gaps in authorities, resources, personnel, intelligence collection, or information sharing capabilities that limit the ability of the Department to identify, assess, or mitigate such risks, together with recommendations for legislative action.
(c)
added
Form— The report required by subsection shall be submitted in unclassified form but may include a classified annex.
(d)
added
Sense of congress— It is the sense of Congress that the Department of Defense should strengthen and maintain counterintelligence activities, threat awareness, and interagency coordination relating to real property transactions and development activities that may facilitate foreign intelligence collection or otherwise threaten the security of military installations and defense-sensitive sites within the United States, or otherwise present counterintelligence, intelligence collection, surveillance, operational security, force protection, or military readiness risks.
Sec. 2829A
Study on construction of child development centers
added
added
The Secretary of Defense shall submit to the congressional defense committees a recommendation for a strategy for military construction projects for a sufficient number of child development centers (as defined in section 2871 of title 10, United States Code) as necessary to eliminate wait lists for members of the Armed Forces seeking childcare at such child development centers.
Sec. 2829B
Expansion of priority list for the public schools on military installations program
added
added
The Secretary of Defense shall revise the notice titled “Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations” (76 Fed. Reg. 55883 et seq.; published September 9, 2011) to ensure that not fewer than 90 public schools included on the 2018 Public Schools on Military Installations (PSMI) Priority List (approved April 15, 2019) are eligible to submit requests for competitive grants awarded pursuant to such program.
Sec. 2829C
Prohibition on use of automated speed enforcement cameras on military installations
added
added
Section 2661 of title 10, United States Code, is amended by inserting at the end the following new subsection:
added
“(e) Prohibition on use of automated speed enforcement cameras
added
“(1) Notwithstanding any other provision of law, no Federal funds may be used by the Secretary of Defense to purchase, install, operate, maintain, or contract for the operation of an automated speed enforcement camera system on a military installation.
added
“(2) By not later than 180 days after the date of the enactment of this subsection, the Secretary shall ensure that any automated speed enforcement camera system in operation on a military installation as of the date of the enactment of this section is decommissioned and removed.
added
“(3) Nothing in this subsection may be construed to—
added
“(A) limit the authority of an installation commander to enforce posted speed limits on the military installation under the jurisdiction of the commander through means other than automated speed enforcement cameras; or
added
“(B) affect the use of any camera or photographic device for purposes of security, access control, force protection, or criminal investigation, so long as such camera or photographic device is not primarily used for speed enforcement.
added
“(4) In this subsection:
added
“(A) The term “automated speed enforcement camera system” means any system that uses a photographic, video, or other electronic device to—
added
“(i) automatically detect and record the speed of a motor vehicle; and
added
“(ii) generate a record of any vehicle traveling in excess of a posted speed limit.
added
“(B) The term “military installation” has the meaning given such term in section 2801 of this title.”
Sec. 2831
Withdrawal and reservation of lands located on the Yuma Proving Ground, Arizona, to support military readiness and security
added
The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended by adding at the end the following new subtitle: The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended by adding at the end the following new subtitle:
added
“H Yuma Proving Ground, Arizona
added
“2999B. Withdrawal and reservation of public land
added
“(a) Withdrawal—Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in the land) described in subsection (b), and all other areas within the boundary of the land depicted on the map described in that subsection that may become subject to the operation of the public land laws, is withdrawn from—
added
“(1) all forms of entry, appropriation, and disposal under the public land laws;
added
“(2) location, entry, and patent under the mining laws; and
added
“(3) disposition under all laws relating to mineral and geothermal leasing.
added
“(b) Description of land—The public land (including interests in the land) referred to in subsection (a) consists of—
added
“(1) the approximately 21,782.981 acres of Federal land—
added
“(A) generally depicted as “Highway 95 - Requested Withdrawal Area” on of the map titled “U.S. Army Yuma Proving Ground Withdrawal Highway 95 Withdrawal Area”, sheet 2 of 3, dated March 12, 2025; and
added
“(B) excluding the approximately 800 acres of subsurface estate owned by the State of Arizona within the area generally depicted as “Surface Only Withdrawal/Subsurface Owned by Non-Federal Entity” on the map described in subparagraph (A); and
added
“(2) the approximately 249.29 acres of Federal land generally depicted as “Howard Cantonment - Requested Withdrawal Area” on the map titled “U.S. Army Yuma Proving Ground Withdrawal Howard Cantonment Withdrawal Area”, sheet 3 of 3, dated March 12, 2025.
added
“(c) Reservation; purpose—The land described in subsection (b) is reserved for use by the Secretary of the Army for the purposes specified in Public Land Order No. 848 of July 1, 1952, and as authorized under section 2914.
added
“2999C. Management of withdrawn and reserved land
added
“(a) Applicable laws—Except for defense-related purposes managed by the Secretary of the Army in accordance with section 2999B(c), the Secretary of the Interior shall manage the land withdrawn and reserved by section 2999B in accordance with—
added
“(1) subtitle A and this subtitle;
added
“(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
added
“(3) any other applicable law.
added
“(b) Authorized activities—To the extent consistent with applicable law and Executive orders, the land withdrawn and reserved by section 2999B may be managed in a manner that permits the following activities:
added
“(1) Conservation of wildlife and wildlife habitat.
added
“(2) Preservation of cultural properties.
added
“(3) Management of wild horses and burros.
added
“(4) Control of predatory and other animals.
added
“(5) Recreation, public access, and hunting.
added
“(6) Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
added
“(c) Nondefense uses—Subject to subsection (d), all nondefense-related uses of the land withdrawn and reserved by section 2999B, shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Army jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section.
added
“(d) Issuance of leases and other land use authorizations
added
“(1) In general—The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that traverses both—
added
“(A) the public land withdrawn and reserved by section 2999B; and
added
“(B) any other land in the vicinity of the land withdrawn and reserved by section 2999B that is not under the administrative jurisdiction of the Secretary of the Army.
added
“(2) Consent required—Except as specified in section 2999E, any lease, easement, right-of-way, permit, license, or other instrument issued under paragraph (1) shall—
added
“(A) only be issued with the consent of the Secretary of the Army; and
added
“(B) be subject to such conditions as the Secretary of the Army may require with respect to the land withdrawn and reserved by section 2999B.
added
“2999D. Assignment of management responsibility to Secretary of the Army
added
“(a) Authority To assign management responsibility—The Secretary of the Interior may assign the management responsibilities for the land withdrawn and reserved by section 2999B to the Secretary of the Army.
added
“(b) Applicable law—On assignment of the management responsibility under subsection (a), the Secretary of the Army shall manage the land in accordance with—
added
“(1) subtitle A and this subtitle;
added
“(2) title I of the Sikes Act (16 U.S.C. 670a et seq.);
added
“(3) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
added
“(4) cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Army; and
added
“(5) any other applicable law.
added
“2999E. Utility corridor
added
“(a) Issuance of utility rights-of-Way—Notwithstanding subsections (c) and (d) of section 2999C, the Secretary of the Interior may issue rights-of-way within the Bureau of Land Management designated Parker-Blaisdell Utility Corridor under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for any critical regional-grid level utility infrastructure to include above-ground transmission lines, consistent with the Memorandum of Understanding between the United States Department of the Interior Bureau of Land Management Yuma Field Office and United States Army Garrison Yuma Regarding the Yuma Proving Ground Highway 95 Withdrawal, dated February 28, 2025.
added
“(b) Limitation on delegation—The authority to issue a right-of-way under subsection (a) may not be delegated below the level of the Bureau of Land Management State Director.
added
“(c) Army consent not required—The decision to issue a right-of-way under subsection (a) is not subject to consent by the Secretary of the Army; however, the Secretary of the Interior, in consultation with the Secretary of the Army, shall incorporate conditions in any right-of-way issued under subsection (a) as much as practicable to minimize impacts to the mission of the Army.
added
“(d) Limitation—The authority to issue rights-of-way under subsection (a) may not be assigned to the Secretary of the Army.
added
“2999F. Duration of withdrawal and reservation
added
“The withdrawal and reservation of public land made by section 2999B shall be in effect for—
added
“(1) an indefinite period; or
added
“(2) until the Secretary of the Army determines that there is no longer a military need for the withdrawal and reservation.”
(a)
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the land withdrawal at Yuma Proving Ground, Arizona.
(b)
removed
Elements— The report required under subsection (a) shall include—
(1)
removed
a description of effects on operational and testing capabilities if the land withdrawal authorization at Yuma Proving Ground were not renewed or extended; and
(2)
removed
recommendations of the Secretary with respect to modifications of the land withdrawal at Yuma Proving Ground that the Secretary determines would require an Act of Congress.
Sec. 2834
Land conveyance, Joint Base Elmendorf-Richardson, Anchorage, Alaska
added
(a)
added
Conveyance authorized— Not later than 180 days after the date of the enactment of this section, but only after the completion of the appraisal under subsection (d)(1), the Secretary of the Air Force shall—
(1)
added
determine whether the parcel of real property described in subsection (b), including any improvements thereon, is excess to the needs of Joint Base Elmendorf-Richardson, Anchorage, Alaska;
(2)
added
if the Secretary determines such parcel is excess to such needs, declare that such parcel is excess to such needs; and
(3)
added
take such actions as may be necessary to convey to the Municipality of Anchorage, Alaska (in this section referred to as the “Municipality”), all right, title, and interest of the United States in and to such parcel, in accordance with—
(A)
added
the North Anchorage Land Agreement; and
(B)
added
any agreement reached between the Municipality and Ektuna, Incorporated, during the one-year period beginning on the date the Secretary makes the declaration under paragraph (2).
(b)
added
Description of property— The parcel to be conveyed under subsection (a) consists of approximately 50 acres of land located on Joint Base Elmendorf-Richardson in Anchorage, Alaska, described as United States Survey Number 8690, Lot 2 Section 22, T14N R2W, Seward Meridian that is—
(1)
added
located adjacent to the Anchorage Regional Landfill; and
(2)
added
leased by the Municipality under the lease numbered USAF–PACAF–HJZH–18–2–0391 as of the date of the enactment of this section.
(c)
added
Termination of lease— Any authority granted under the lease referred to in subsection (b) shall terminate on the date on which the Secretary the conveys the property under subsection (a).
(d)
added
Terms and conditions—
(1)
added
Appraisal— The fair market value of the property to be conveyed under subsection (a) shall be determined pursuant to an appraisal to be carried out—
(A)
added
by an independent appraiser selected by the Secretary; and
(B)
added
in accordance with—
(i)
added
the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
added
the Uniform Standards of Professional Appraisal Practice.
(2)
added
Payment of costs of conveyance—
(A)
added
In general— The Secretary shall require the Municipality to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the conveyance.
(B)
added
Refund— If amounts are collected from the Municipality under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Municipality.
(C)
added
Treatment of amounts received as reimbursement of costs incurred—
(i)
added
Credit to account— Amounts received under paragraph (1) to reimburse the Secretary for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account used to cover those costs or to an appropriate fund or account available to the Secretary for the purpose for which the costs were paid.
(ii)
added
Availability— Amounts credited to a fund or account under clause (i) shall—
(I)
added
merge with amounts in such fund or account; and
(II)
added
be available to the Secretary for the same purpose and subject to the same conditions and limitations as the amounts in such fund or account.
(D)
added
Deposit of amounts received as payment— Amounts received as consideration for the conveyance under subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code.
(3)
added
Pre-conveyance entry—
(A)
added
In general— The Secretary, under the terms described in subparagraph (B) and any additional terms and conditions the Secretary determines appropriate, may authorize the Municipality to enter the property to be conveyed under subsection (a) at no charge for pre-construction activities, including site characterization under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), before the property is conveyed under subsection (a).
(B)
added
Required terms— Any authorization granted under subparagraph (A) shall—
(i)
added
be revocable at the discretion of the Secretary;
(ii)
added
not be construed to covey any right, title, or interest in the property; and
(iii)
added
require the Municipality to comply with installation access and safety requirements and such other requirements as the Secretary determines necessary to protect the interests of the United States.
(4)
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
(e)
added
Limitation on source of funds— The Municipality may not use Federal funds to cover any portion of the costs required to be paid by the Municipality under this section.
(f)
added
Savings provision— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(g)
added
North Anchorage Land Agreement defined— In this section, the term “North Anchorage Land Agreement” means the agreement entered into by the State of Alaska, the Municipality, and Eklutna, Incorporated, pursuant to section 1425 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2515) (including any amendments to that agreement as of the date of the enactment of this section).
Sec. 2835
Acquisition of easements for defense fuel supply infrastructure
added
(a)
added
Authority to acquire— The Secretary of Defense is authorized to acquire, by purchase, donation, exchange, or condemnation, on behalf of the United States, such permanent easements over all lands along the route of the Santa Ynez Pipeline System, including all lands owned or otherwise held by the State of California or any agency, department, or instrumentality thereof, as the Secretary of Defense determines necessary to ensure continuous pipeline transportation of crude oil from the Santa Ynez Unit to domestic refineries supplying Department of Defense installations in the State of California. The acquisition of such easements is an authorized purpose for which the Secretary of Defense or the Secretary of a military department may exercise the land acquisition authorities of section 2663 of title 10, United States Code. Easements authorized to be acquired under this subsection include—
(1)
added
a permanent easement over the Gaviota Segment sufficient for the operation, maintenance, inspection, and repair of Lines CA-324 and CA-325;
(2)
added
a permanent easement over the State submerged lands traversed by the offshore pipeline segments of the Santa Ynez Pipeline System, sufficient for the operation, maintenance, inspection, and repair of such segments; and
(3)
added
such additional permanent easements over any other lands along the route of the Santa Ynez Pipeline System as the Secretary of Defense determines necessary for the continuous and unobstructed operation of such system.
(1)
added
In general— In acquiring easements under subsection (a), the Secretary of Defense may institute condemnation proceedings in the United States district court for the district in which the property is located, pursuant to section 2663 of title 10, United States Code, and subchapter III of chapter 31 of title 40, United States Code.
(2)
added
Vital national security determination— Congress finds that the acquisition of easements under subsection (a) is required to satisfy a requirement vital to the national security within the meaning of section 2663(g) of title 10, United States Code, and that delay in such acquisition would be detrimental to the national security. The Secretary of Defense may accordingly commence condemnation proceedings under subsection (a) in advance of the report otherwise required under section 2663(f) of title 10, United States Code, and shall submit such report not later than seven days after commencement of such proceedings.
(3)
added
State-owned land and state submerged lands— The authority to acquire easements under subsection (a) includes authority to acquire easements over—
(A)
added
land owned or otherwise held by the State of California or any agency, department, or instrumentality thereof, including the California Department of Parks and Recreation; and
(B)
added
State submerged lands.
(4)
added
Inapplicability of State law— The State of California may not assert sovereign immunity, its title under section 3 of the Submerged Lands Act, or any other provision of State law as a defense to, or limitation upon, any condemnation proceeding brought by the United States under this section.
(5)
added
Immediate possession and use— Upon filing a declaration of taking pursuant to section 3114 of title 40, United States Code, and depositing with the court the estimated amount of just compensation, the United States shall be entitled to immediate possession of, and the right to enter upon and use, the easements sought to be acquired. The court may not condition such possession, or such right to enter upon and use, upon any State administrative approval, State permit, or State agency determination.
(6)
added
Expedited proceedings— Any condemnation proceeding brought under this section shall be given priority on the docket of the court and shall be resolved on an expedited basis consistent with the national defense purposes of this section.
(c)
added
Just compensation— The amount of just compensation payable to the State of California or any agency thereof shall be determined by the United States district court in which condemnation proceedings are brought, or by the United States Court of Federal Claims if the parties so elect. In determining just compensation for an easement over State submerged lands, the court shall account for the powers retained by the United States under section 6(a) of the Submerged Lands Act (43 U.S.C. 1314(a)), to which the State’s title is subject.
(d)
added
License to operator—
(1)
added
In general— Upon acquisition of any easement under subsection (a), the Secretary of Defense shall issue to the operator of the Santa Ynez Pipeline System a license authorizing such operator to use such easement for the operation, maintenance, inspection, and repair of the Santa Ynez Pipeline System for the purpose of transporting crude oil from the Santa Ynez Unit to domestic refineries supplying Department of Defense installations in the State of California. The Secretary shall include in any such license terms requiring compliance with all applicable Federal pipeline safety requirements under chapter 601 of title 49, United States Code.
(2)
added
Irrevocability—
(A)
added
In general— A license issued under paragraph (1) may not be revoked, suspended, modified, or terminated by the Secretary of Defense or any other officer or employee of the executive branch except—
(i)
added
by an Act of Congress that expressly references this section by name and subsection; or
(ii)
added
by the Secretary of Defense, following a final order of the Secretary of Transportation under chapter 601 of title 49, United States Code (or, if such order is challenged, a final judgment of a United States court of appeals sustaining such order), determining that the operator has committed a violation of Federal pipeline safety requirements under such chapter that creates an imminent hazard to public safety, and the operator has failed to cure such violation within a reasonable period after written notice and an opportunity to cure.
(B)
added
No State revocation— No order, judgment, or determination of a court of the State of California or of any other State shall constitute a basis for revocation, suspension, modification, or termination of a license issued under paragraph (1).
(C)
added
Inapplicability of other actions— No executive order, presidential directive, secretarial determination, or other administrative action shall otherwise operate to revoke, suspend, modify, or terminate a license issued under paragraph (1).
(3)
added
Transferability— A license issued under paragraph (1) shall be transferable to any successor operator of the Santa Ynez Pipeline System without further action by the Secretary of Defense, provided that the successor operator is in compliance with all applicable Federal pipeline safety requirements under chapter 601 of title 49, United States Code. A successor operator that holds the authorizations required under such chapter 601 shall be deemed to be in compliance for purposes of this paragraph.
(4)
added
Continuity— During the period in which a license issued under paragraph (1) is in effect, no permit, additional license, certification, or other authorization of a State or local government shall be required as a condition of the exercise of the rights granted by such issued license, to the extent that the requirement to obtain or maintain such permit, additional license, certification, or other authorization would have the effect, in practice, of halting or substantially delaying the use of such easement as described in paragraph (1). Nothing in this paragraph shall be construed to limit or affect any requirement of Federal law, any permit or authorization required under Federal law, or the authority of any Federal agency to issue, condition, enforce, or revoke the same.
(e)
added
Relationship to State law—
(1)
added
Preemption— Any State law, regulation, order, or other requirement that has the purpose or effect of preventing, conditioning, or delaying the Secretary of Defense from exercising the authority granted under this section, or that has the purpose or effect of preventing the operator of the Santa Ynez Pipeline System from utilizing any easement acquired by the United States under this section, is preempted.
(2)
added
No State permit required— No authorization, lease, permit, or approval of the State of California or any agency thereof, including the California State Lands Commission and the California Department of Parks and Recreation, shall be required as a condition of the operation, maintenance, repair, or use of any segment of the Santa Ynez Pipeline System.
(3)
added
Pending litigation— No State court order, injunction, or other judicial relief issued in any proceeding to which the United States is not a party shall operate to prevent the Secretary of Defense from exercising the authority granted under this section or to prevent the operator of the Santa Ynez Pipeline System from utilizing any easement acquired by the United States under this section.
(f)
added
Retained federal power over State submerged lands— The grant of title to State submerged lands under section 3 of the Submerged Lands Act (43 U.S.C. 1311) is, and has at all times remained, subject to the powers retained by the United States under section 6(a) of that Act (43 U.S.C. 1314(a)) for the constitutional purposes of commerce, navigation, national defense, and international affairs. The acquisition of easements over State submerged lands under this section, and the operation of the offshore pipeline segments of the Santa Ynez Pipeline System extending through such lands, are exercises of those retained powers, and the State of California holds no title or interest in such submerged lands that is superior to, or that may impede, the exercise of those powers.
(g)
added
Recovery of costs— The Secretary of Defense may, as a condition of any license issued under subsection (d), require the licensee to reimburse the United States for all or a portion of any costs incurred by the United States in acquiring easements under this section, including just compensation paid to any State or private party. Amounts received as reimbursement under this subsection shall be credited to the appropriation, fund, or account from which the costs were paid.
(h)
added
Definitions— In this section:
(1)
added
The term Gaviota Segment means the approximately four-mile segment of the Las Flores Pipeline System traversing land administered by the California Department of Parks and Recreation within Gaviota State Park, Santa Barbara County, California.
(2)
added
The term Las Flores Pipeline System means the onshore pipeline comprising Lines CA-324 and CA-325 (previously designated as Lines 901 and 903), including all associated pipeline segments, pump stations, equipment, and appurtenant infrastructure extending from the Las Flores Canyon processing facilities in Santa Barbara County, California, to Pentland Station in Kern County, California.
(3)
added
The term Santa Ynez Pipeline System means the complete network of offshore and onshore pipelines and associated infrastructure used to transport crude oil and associated production from offshore platforms Harmony, Heritage, and Hondo to Pentland Station in Kern County, California, including—
(A)
added
the offshore pipeline segments extending from such platforms over the Outer Continental Shelf and over State submerged lands to the Las Flores Canyon processing facilities; and
(B)
added
the Las Flores Pipeline System.
(4)
added
The term Santa Ynez Unit means the Federal offshore oil and gas production unit operated pursuant to one or more leases granted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) off the coast of Santa Barbara County, California, including offshore platforms Harmony, Heritage, and Hondo.
(5)
added
The term State submerged lands means the lands beneath navigable waters the title to which was conveyed to the State of California under section 3 of the Submerged Lands Act (43 U.S.C. 1311).
Sec. 2836
Land exchange, Camp Pike and Camp Joseph T. Robinson, Arkansas
added
(a)
added
Exchange authorized— The Secretary of the Army (referred to in this section as the “Secretary”) may convey to the State of Arkansas all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 16.02 acres at Camp Pike, North Little Rock, Arkansas, containing the facility commonly known as the 90th Readiness Division Headquarters and other real property north of Arkansas Avenue road as is determined by the survey under subsection (d)(1).
(1)
added
As consideration for the conveyance under subsection (a), the State of Arkansas may convey to the United States all right, title, and interest of the State of Arkansas in and to a parcel of real property, including any improvements thereon, consisting all or part of approximately 68.16 acres at Camp Joseph T. Robinson, North Little Rock, Arkansas, containing the facility commonly known as the Chappell Armory and such additional adjoining lands as is determined by the survey under subsection (d)(1).
(2)
added
The exchange of real property under this section shall be for parcels of approximately equal value, as determined by the Secretary through an appraisal acceptable to the Secretary. Pursuant to section 18240 of title 10, United States Code, no monetary consideration may be provided or accepted by either party to equalize the value of the properties exchanged.
(c)
added
Extinguishment of reversionary interest— In connection with the exchange authorized by this section, the Secretary shall extinguish the reversionary interest of the United States, created by the Act of June 30, 1950 (64 Stat. 311, chapter 429), applicable to the property to be conveyed by the State of Arkansas under subsection (b)(1).
(d)
added
Surveys and property descriptions—
(1)
added
Determination— The exact acreage and legal descriptions of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary.
(2)
added
Costs— The State of Arkansas shall be responsible for all costs associated with the exchange authorized by this section, including the costs of surveys, appraisals, and any other administrative or environmental documentation required to complete the exchange.
(e)
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
(f)
added
Rule of construction— Nothing in this section shall be construed to affect or limit the application of, or any requirement for, environmental remediation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other law.
Sec. 2837
Removal of conditions on use of certain land conveyed to the State of Indiana
added
added
Section 2858 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 571), as amended by section 2838 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 2006) and section 2843(i) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2217), is further amended—
(1)
added
in subsection (b), by striking “The conveyances” and inserting “Except as provided in subsection (d), the conveyances”; and
(2)
added
by striking subsection (d) and inserting the following:
added
“(d) Condition on release of covenants—On the condition that the State convey approximately 80 acres of prior park property to the Indiana Army Ammunition Plan Reuse Authority, the Reuse Authority convey approximately 100 acres of prior industrial use property to the State, and the use of that 100 acres will be restricted by covenant to recreational purposes, the Secretary may release the covenant that requires the 80 acres of prior park property to be used for recreational purposes.”
Sec. 2855
Forward operating base readiness assessment, St. Croix
added
added
The Secretary of Defense to assess the feasibility of using appropriate facilities on the island of St. Croix as a forward operating base for the Army, the Air Force, and the Marine Corps.
Sec. 2856
Forward operating base readiness assessment, St. Thomas
added
added
The Secretary of Defense to assess the feasibility of using appropriate facilities on the island of St. Thomas as a forward operating base for the Navy.
Sec. 2868
Report on intergovernmental support agreements for certain defense installations
added
added
Not later than December 31, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use of intergovernmental support agreements (as defined in section 2679 of title 10, United States Code) for military installations funded by a working-capital fund (established pursuant to section 2208 such title).
Sec. 2869
Assessment of the use of intergovernmental support agreements for unspecified minor military construction projects
added
(a)
added
Report required— Not later than 120 days after the date of the enactment of this section, each covered Assistant Secretary shall submit to the congressional defense committees a report assessing the potential use of intergovernmental support agreements (as defined in section 2679 title 10, United States Code) to carry out unspecified minor military construction projects under section 2805 of title 10, United States Code.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An assessment of the feasibility of applying revised maximum dollar thresholds for unspecified minor military construction projects carried out under intergovernmental support agreements as follows:
(A)
added
$15,000,000 for laboratory revitalization projects.
(B)
added
$12,000,000 for projects carried out using amounts from the Operation and Maintenance account.
(2)
added
A list of not more than 10 projects included in a facilities investment plan or facility support program of a military department that could be carried out under intergovernmental support agreements.
(c)
added
Covered Assistant Secretary defined— In this section, the term “covered Assistant Secretary” means—
(1)
added
the Assistant Secretary of the Army for Installations, Energy, and Environment;
(2)
added
the Assistant Secretary of the Navy for Energy, Installations, and Environment; and
(3)
added
the Assistant Secretary of the Air Force for Installations, Environment, and Energy.
Sec. 2870
Sense of Congress with respect to wargaming center at Maxwell Air Force Base, Montgomery, Alabama
added
added
It is the sense of Congress that the Secretary of the Air Force should authorize and prioritize the design and development of a state-of-the-art Combined All-Domain Wargaming Center at Maxwell Air Force Base, Montgomery, Alabama to enhance the strategic training, education, and simulation capabilities of the Department of Defense.
Sec. 2871
Report on Powertrain Facility and facility modernization at Corpus Christi Army Depot, Corpus Christi, Texas
added
(a)
added
In general— Not later than 60 days after the date of the enactment of this section, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Powertrain Engines Assembly Facility completion and facility modernization at Corpus Christi Army Depot, Corpus Christi, Texas.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An accounting of the $60,000,000 provided for the Corpus Christi Army Depot in section 4601 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 1535) for the project titled “COST TO COMPLETE—POWERTRAIN FACILITY (ENGINE ASSEMBLY”.
(2)
added
An accounting of the $174,000,000 provided under section 20010 of Public Law 119–21 (139 Stat. 124) for facility modernization and workload at Corpus Christi Army Depot.
Sec. 2872
Report on underutilized Air National Guard airfield infrastructure
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this section, the Secretary of the Air Force shall, in consultation with the Chief of the National Guard Bureau and the Commander of United States Strategic Command, submit to the congressional defense committees a report evaluating the feasibility, infrastructure readiness, and cost-benefits of co-locating permanent, manned flying missions at Air National Guard installations that currently possess active runways but lack manned active aircraft.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An inventory of Air National Guard installations described in subsection (a) that possess active runway infrastructure of 9,000 feet or greater, secure military enclaves, and proximity to regional training corridors or geographic commands.
(2)
added
An assessment of the capacity of such joint-use commercial airfield infrastructure, including taxiways and secure ramp space, to host permanent or distributed strategic assets.
(3)
added
An evaluation of the workforce readiness and technical expertise, including cyber, intelligence, and remotely piloted aircraft operations, to support advanced manned flying missions.
(4)
added
An assessment of alternative or distributed basing options required to support strategic long-range strike systems in the event that total procurement exceeds the initial program of record.
Sec. 2873
Report on biological readiness of military installations under the jurisdiction of the Secretary of the Army
added
(a)
added
Report required— Not later than March 31, 2027, the commanding officer of the United States Army Installation Management Command shall submit to the congressional defense committees a report on the readiness of military installations under the jurisdiction of the Secretary of the Army to detect, respond to, mitigate, and sustain operations during biological threat conditions.
(b)
added
Elements— The report shall include—
(1)
added
an assessment of current biological detection, warning, mitigation, emergency response, and continuity-of-operations capabilities at military installations under the jurisdiction of the Secretary of the Army;
(2)
added
an assessment of the extent to which biological resilience has been incorporated into installation readiness, force protection, emergency management, continuity-of-operations, and facility operations plans;
(3)
added
an assessment of capability gaps, resource constraints, policy barriers, and acquisition challenges affecting installation biological readiness;
(4)
added
an assessment of opportunities to employ commercial and other mature technologies, including air monitoring, filtration, treatment, detection, and facility-level warning systems, to improve biological security and resilience; and
(5)
added
a five-year implementation and budget plan for improving biological readiness across military installations under the jurisdiction of the Secretary of the Army, including consideration of ASHRAE Standard 241 titled “Control of Infectious Aerosols” and related commercial best practices.
(c)
added
Form— The report shall be submitted in both classified and unclassified forms.
Sec. 3118
Prohibition on availability of funds for National Laboratories that admit certain foreign national visitors
added
(a)
added
Prohibition— No funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Energy may be obligated or expended for any National Laboratory that authorizes the admission of a covered visitor to any area of the National Laboratory not accessible to the general public.
(b)
added
Definitions— In this section:
(1)
added
The term “covered visitor”, with respect to a National Laboratory—
(A)
added
means a foreign national from a country of concern (as such term is defined in section 8512 of the National Defense Authorization Act for Fiscal Year 2026 (50 U.S.C. 4581 note; Public Law 119–60)) that—
(i)
added
is not an employee of the Department of Energy or a management and operations contractor operating the National Laboratory on behalf of the Department of Energy; and
(ii)
added
has requested access to the premises, information, or technology of the National Laboratory; and
(B)
added
does not include any lawful permanent resident of the United States.
(2)
added
The term “National Laboratory” has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
Sec. 3119
Designation of National Nuclear Security Administration as technical nuclear forensics lead
added
(a)
added
In general— Section 3211(b) of the National Nuclear Security Administration Act (50 U.S.C. 2401(b)) is amended by adding at the end the following new paragraph:
added
“(7) To lead the technical nuclear forensics efforts of the United States.”
(b)
added
Rule of construction— The amendment made by this section may not be construed to alter the functions vested in any department or agency of the Federal Government by statute other than the National Nuclear Security Administration pursuant to such amendment.
Sec. 3501
Authorization of appropriations for Maritime Administration
(a)
In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2027, for programs associated with maintaining the United States Merchant Marine, the following amounts:
(1)
For expenses necessary to support the United States Merchant Marine Academy, $873,500,000 of which—
(A)
$129,500,000 shall be for Academy operations;
(B)
$120,000,000 shall be for construction of facilities and infrastructure at the United States Merchant Marine Academy in accordance with the Campus Modernization Plan and for facilities maintenance and repair and equipment; and
(C)
$624,000,000 shall be for construction of capital improvement projects at the United States Merchant Marine Academy, provided that such authorization shall expire on the later of—
(ii)
the date of the enactment of an Act authorizing funds for the United States Merchant Marine Academy for fiscal year 2032.
(2)
For expenses necessary to support the State maritime academies, $53,400,000, of which—
(A)
$9,400,000 shall be for the Student Incentive Payment Program;
(B)
$7,000,000 shall be for direct payments for State maritime academies;
(C)
$12,000,000 shall be for training ship fuel assistance;
(D)
$4,000,000 shall be for offsetting the costs of training ship sharing; and
(E)
$21,000,000 shall be for maintenance and repair of State maritime academy training vessels.
(3)
For expenses necessary to support the National Security Multi-Mission Vessel program, including funds for construction and necessary expenses to construct shoreside infrastructure to support such vessels, $75,000,000.
(4)
For expenses necessary to support Maritime Administration operations and programs, $105,760,000, of which—
(A)
changed
$15,000,000 $20,000,000 shall be for the maritime environmental and technical assistance program under section 50307 of title 46, United States Code;
(B)
added
$20,000,000 shall be to support the United States Center for Maritime Innovation under section 50307(e) of title 46, United States Code;
(C)
renumbered
was (2)(6)(3)
$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;
(D)
renumbered
was (2)(6)(4)
$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
(E)
renumbered
was (2)(6)(5)
$73,760,000 shall be for headquarters operations expenses.
(5)
For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000.
(6)
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $400,500,000.
(7)
For expenses necessary to maintain a Cable Security Fleet to serve the national security needs of the United States under chapter 532 of title 46, United States Code, $30,000,000.
(8)
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, $167,600,000.
(9)
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,700,000, of which—
(A)
$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)
$3,700,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
(10)
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.
(11)
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.
(12)
For maritime incentive payments to centers of excellence designated under section 51706 of title 46, United States Code, $300,000,000.
(1)
In general— No funds may be obligated or expended for the port infrastructure development program pursuant to subsection (a)(10) 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)
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. 3522
Federal ship financing program improvements
(a)
changed
Definitions— Section 53701 of title 46, United States Code, is amended—
(1)
added
in paragraph (3), by inserting “retrofitting, reconfiguration, or similar work, as well as” after “include”;
(2)
changed
by redesignating paragraphs (5) (5), (6), and (7) as paragraphs (7), (8), and (10) respectively and redesignating paragraphs (8) through (15) as paragraphs (6) (12) through (16), (19) respectively;
(3)
by inserting after paragraph (4) the following:
changed
“(5) Fishing—The term fishing has the meaning given such Eligible export vessel—The term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).”“eligible export vessel” means a vessel that—
added
“(A) is constructed, reconstructed, or reconditioned in the United States for use in world-wide trade; and
added
“(B) will, on delivery or redelivery, become or remain documented under the laws of a country other than the United States.
added
“(6) Fishing—The term “fishing” has the meaning given such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).”
(4)
changed
in by inserting after paragraph (14), (8), as so redesignated, redesignated by inserting “used” before “fishing vessels”.paragraph (2), the following new paragraph:
added
“(9) General shipyard facility—The term “general shipyard facility” means—
added
“(A) for operations on land—
added
“(i) a structure or appurtenance thereto designed for the construction, reconstruction, repair, rehabilitation, or refurbishment of a vessel, including a graving dock, building way, ship lift, wharf, or pier crane;
added
“(ii) the land necessary for the structure or appurtenance; and
added
“(iii) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in clause (i); and
added
“(B) for operations not on land, a vessel, floating drydock, or barge built in the United States and used for, equipped to be used for, or of a type normally used for, performing a function referred to in subparagraph (A)(i).”
(5)
added
by inserting after paragraph (10), as redesignated by paragraph (2), the following new paragraph:
added
“(11) Modern shipbuilding technology—The term “modern shipbuilding technology” means the best available proven technology, techniques, and processes appropriate to enhancing the productivity of shipyards, including engineering design, quality assurance, concurrent engineering, continuous process production technology, energy efficiency, waste minimization, design for recyclability or parts reuse, inventory management, upgraded worker skills, and communications with customers and suppliers.”
(6)
added
in paragraph (15), as so redesignated, by inserting “used”" before “fishing vessels”.
(b)
changed
Direct loans— Section 53702(b) of title 46, United States Code, is amended—
(1)
added
in the subsection heading by striking “Direct loans for fisheries” and inserting “Direct loans”;
(1)
removed
in the subsection heading by striking “DIRECT LOANS FOR FISHERIES” and inserting “DIRECT LOANS”;
(2)
renumbered
was (3)(4)
in paragraph (1) by inserting “used” before “fishing vessel”; and
(3)
renumbered
was (3)(5)
in paragraph (4) by striking “the purpose of” and all that follows through “financing the purchase” and inserting “the purpose of financing the purchase”.
(c)
changed
Funding limits— Section 53704(a) 53703 of title 46, United States Code, is amended by striking “obligations related to fishing vessels and fishery facilities” and inserting “obligations by the Secretary related to fishing facilities, and used fishing vessels”.amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1), by striking “signed application” and inserting “completed application”;
(B)
added
by striking paragraph (2) and inserting the following:
added
“(2) Additional information
added
“(A) The Secretary or the Administrator may—
added
“(i) request from an applicant additional information required to complete the review of an application; and
added
“(ii) establish a deadline for the applicant to provide such information.
added
“(B) If the applicant does not respond to the request for additional information, the Secretary or Administrator may—
added
“(i) notify the applicant that processing of the application will be suspended until the additional information is received; and
added
“(ii) toll the time for the decision.”
(2)
added
in subsection (c), by amending paragraph (1)(D) to read as follows:
added
“(D) recommend financial covenants or financial ratios to be met by the applicant during the time a guarantee under this chapter is outstanding that are—
added
“(i) based on the financial covenants or financial ratios that are then applicable to the obligor under private sector credit agreements, if any; or
added
“(ii) in lieu of other financial covenants appropriate to the obligor under this chapter when evaluating the risks of the project for compliance with the requirements of section 53708 of this title; and”
(d)
changed
Eligible purposes of obligations— Section 53706(a)(1)(A) 53704 of title 46, United States Code, is amended—
(1)
added
in subsection (a), by striking the second sentence and inserting the following:
added
“(1) $850,000,000 shall be limited to obligations by the Secretary related to fishing facilities and used vessels; and
added
“(2) $3,000,000,000 shall be limited to obligations related to eligible export vessels.”
(2)
changed
in clause (iv) by striking the second “or”;subsection (c)(4)—
(A)
added
in subparagraph (I) by striking “; and” and inserting a semicolon;
(B)
added
in subparagraph (J) by striking the period at the end and inserting “; and”; and
(2)
removed
in clause (v) by striking the period and inserting “; or”; and
(C)
renumbered
was (5)(5)
by adding at the end the following:
added
“(K) if applicable, the country risk for each eligible export vessel financed or to be financed by an obligation.”
removed
“(vi) in the fishing industry or seafood related trade.”
(e)
changed
Findings related to obligors and operators— Section 53707(c) 53706(a) of title 46, United States Code, is amended by inserting “or Administrator” after “Secretary”.amended—
(1)
added
in paragraph (1)(A)—
(A)
added
by striking “Financing (including reimbursement of an obligor for expenditures previously made for) the construction, reconstruction, or reconditioning, of a vessel” and inserting “Financing, including reimbursement of an obligor for expenditures previously made for, the construction, reconstruction, reconditioning, or purchase of a vessel (including an eligible export vessel)”;
(B)
added
in clause (iv) by striking the last “or”;
(C)
added
in clause (v) by striking the period; and
(f)
removed
Findings related to economic soundness— Section 53708 of title 46, United States Code, is amended by adding at the end the following:
removed
“(f) Limitation—The Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter if the Secretary determines such guarantee or commitment is inconsistent with the wise use of the fisheries resources and the development, advancement, management, conservation, and protection of the fisheries resources consistent with the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).”
(g)
removed
Amount of obligations— Section 53709 of title 46, United States Code, is amended—
(1)
removed
in subsection (b)(3)—
(A)
removed
by striking “For a fishing vessel or fishery facility” and inserting the following:
removed
“(A) In general—For a used fishing vessel or fishery facility”
(D)
renumbered
was (8)(3)(3)
by adding at the end the following:
added
“(vi) as an eligible export vessel in worldwide trade; or
added
“(vii) in the fishing industry or seafood related trade.”
(2)
added
by striking paragraph (8).
(f)
added
Section 53707 of title 46, United States Code, is amended—
(1)
added
in subsection (b) by striking “construction, reconstruction, or reconditioning” and inserting “construction, reconstruction, reconditioning, or purchase”; and
(2)
added
in subsection (c) by inserting “or Administrator” after “Secretary”.
(g)
added
Section 53708 of title 46, United States Code, is amended—
(1)
added
in subsection (c)—
(A)
added
in the subsection heading—
(i)
added
by striking “Fishing”; and
(ii)
added
by inserting “Fishing” before “Facilities”; and
(B)
added
by amending paragraph (1) to read as follows:
added
“(1) in the case of a used vessel, reconstructed or reconditioned in the United States and will contribute to the development of the United States commercial shipbuilding or fishing industries; or”
(2)
added
by adding at the end the following:
added
“(f) Limitation—The Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter if the Secretary determines such guarantee or commitment is inconsistent with the wise use of the fisheries resources and the development, advancement, management, conservation, and protection of the fisheries resources consistent with the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).”
(h)
added
Section 53709 of title 46, United States Code, is amended—
(1)
added
by amending subsection (b) to read as follows:
added
“(b) Limitation on amount borrowed—Except as otherwise provided, the principal amount of an obligation guaranteed under this chapter may not exceed 87.5 percent of the actual cost or depreciated actual cost, as determined by the Secretary or Administrator, of the vessel used as security for the guarantee.”
removed
“(B) Increased limitation—For a fishing vessel for which the Administrator guarantees an obligation, the principal amount may not exceed 87.5 percent of the actual cost or depreciated cost.”
(2)
renumbered
was (8)(4)
in subsection (e) by inserting “or Administrator” after “Secretary”.
(i)
added
Section 53107(a)(4)(A) of title 46, United States Code, is amended by inserting “or, in the case of an eligible export vessel, of the appropriate foreign authorities under a treaty, convention, or other international agreement to which the United States is a party” after “Coast Guard”.
(j)
added
Section 53714(b) of title 46, United States Code, is amended by adding at the end the following:
added
“(6) Fees in excess of the cost of a project—For projects where the minimum percentage rate calculated under paragraph (5) exceeds the cost of a project required by section 53704(c) of this title and section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) such minimum percentage rate may be reduced to not exceed the cost of the project.”
(k)
added
Section 53715 of title 46, United States Code, is amended—
(1)
added
in subsection (a)(1)(B), by deleting “75 percent or 87.5 percent, whichever is applicable under section 53709(b) of this title,” and inserting “the percent applicable under section 53709(b)”; and
(2)
added
in subsection (e)(1)(A)(ii), by deleting “75 percent or 87.5 percent, whichever is applicable under section 53709(b) of this title,” and inserting “the percent applicable under section 53709(b)”.
(l)
added
Section 53723 of title 46, United States Code, is amended—
(1)
added
in subsection (a) by striking “shall be paid in cash.” and inserting the following:
added
“(1) paid in cash; and
added
“(2) include any applicable principal, interest, capitalized interest, premium, and late charges, if the obligation is held by the Federal Financing Bank.”
(2)
added
by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and
(3)
added
by inserting after subsection (a) the following:
added
“(b) Subrogation—If the Secretary or the Administrator makes a payment under this section, the Secretary or the Administrator shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements.”
(m)
added
Section 53733 of title 46, United States Code, is amended—
(1)
added
by striking subsection (a) and redesignating subsections (b) through (e) as subsections (a) through (d), respectively;
(2)
added
in subsection (a), as so redesignated,—
(A)
added
by striking “advanced shipbuilding technology and modern shipbuilding technology” and inserting “shipyard capital improvements, including infrastructure and modern shipbuilding technology,”; and
(B)
added
by striking “Only a private shipyard is eligible to receive a guarantee” and inserting “To be eligible to receive a guarantee the obligor must have the authority to modify the general shipyard facility”;
(3)
added
in subsection (c), as so redesignated, by striking “advanced shipbuilding technology” and inserting “shipyard capital improvements, infrastructure,”; and
(4)
added
by inserting the following new subsection (e):
added
“(e) Made in America—The Administrator must exclude foreign components from a project eligible for a guarantee under this section, unless the Administrator grants a waiver based on non-availability of such foreign components due to timely availability, sufficient quality, or price competitive basis.”
(5)
added
by striking subsection (f).
(n)
added
Section 53734 of title 46, United States Code, is amended—
(h)
removed
Replacement of vessels because of changes in operating standards— Section 53734 of title 46, United States Code, is amended—
(1)
renumbered
was (9)(3)
in subsection (a)(1) by inserting “fishing, or other seafood related,” before “coastwise, intercoastal, or foreign trade”;
(2)
renumbered
was (9)(4)
in subsection (b)(2) by striking “construction or reconstruction of the vessel” and inserting “construction or refinancing and reconstruction of the vessel”; and
(3)
renumbered
was (9)(5)
by adding at the end the following:
added
“(f) Applicability—Guarantees made under subsection (a) for the construction or refinancing and reconstruction of a vessel designed and to be used in fishing or seafood related trade or an eligible export vessel shall be made only with funds, including funds for the cost of guaranteed loans, appropriated on or after the date of enactment of the National Defense Authorization Act for Fiscal Year 2027.”
removed
“(f) Applicability—Guarantees made under subsection (a) for the construction or refinancing and reconstruction of a vessel designed and to be used in fishing or seafood related trade shall be made only with funds, including funds for the cost of guaranteed loans, appropriated on or after the date of enactment of the National Defense Authorization Act for Fiscal Year 2026.”
(o)
renumbered
was (10)
Eligibility— Notwithstanding any requirements that such vessel be reconstructed, reconditioned, or repaired to qualify for a guarantee of an obligation, for a period of 2 years after the date of enactment of this Act, a fishing vessel greater than 79 feet overall in length built and documented after January 1, 2021, shall be eligible for a guarantee of an obligation from the Administrator under chapter 537 of title 46, United States Code.
(p)
renumbered
was (11)
Savings clause— Nothing in this section, or the amendments made by this section, shall limit the authority of the Secretary of Commerce to provide direct loan obligations authorized by section 211(e) of the American Fisheries Act (Public Law 105–277).
(q)
added
Repeal in National Defense Authorization Act— Sections 3506(i)(2) and 3506(1)(2) of the National Defense Authorization Act of Fiscal Year 2020 (Public Law 116–92) are repealed, and the provisions of law that were repealed or amended by these sections are reenacted and amended, respectively, to read as if such sections were not enacted.
Sec. 3525
Assistance for small shipyards
(a)
added
In general— Section 54101 of title 46, United States Code, is amended—
removed
Section 54101 of title 46, United States Code, is amended—
(1)
renumbered
was (3)
in subsection (c)(1)—
(A)
renumbered
was (3)(2)
in subparagraph (A) by inserting “, including through the acquisition of advanced digital manufacturing capabilities,” after “improvements”; and
(B)
renumbered
was (3)(3)
in subparagraph (B) by inserting “, including digital training technologies,” after “training”; and
(2)
renumbered
was (4)
in subsection (h)—
(A)
renumbered
was (4)(2)
by striking “Small shipyard defined” and all that follows through “the term” and inserting the following:
“(1) Small shipyard—The term”
(B)
renumbered
was (4)(3)
by adding at the end the following:
“(2) Advanced digital manufacturing capabilities—The term advanced digital manufacturing capabilities means commercially available integrated software and hardware used to plan, design, schedule, execute, and assure quality in ship construction and repair, including—
“(A) product lifestyle management;
“(B) 3-dimensional computer aided design;
“(C) computer aided manufacturing;
“(D) manufacturing execution systems;
“(E) quality management systems;
“(F) digital twin and internet of things sensors and gateways;
“(G) automation systems;
“(H) open data standards for interoperability;
“(I) cybersecurity controls; and
“(J) integration, commissioning, and data-migration services necessary for operational use.
“(3) Digital training technologies—The term digital training technologies means the use of digital tools and platforms, such as simulation, augmented or virtual reality, digital work instructions, e-learning, and learning management systems, to deliver and assess training in shipbuilding and ship repair competencies.”
(b)
added
Technical amendment— The chapter heading for chapter 541 of title 46, United States Code, is amended by striking “Miscellaneous” and inserting “Small Shipyard Grant Program”.
Sec. 3526
Committee on the Marine Transportation System
(a)
added
In general— Section 50401 of title 46, United States Code, is amended—
removed
Section 50401 of title 46, United States Code, is amended—
(1)
renumbered
was (3)
by redesignating and transferring such section to appear after subsection (k) of section 102 of title 49, United States Code (as added by this Act), as subsection (j), including by redesignating each subordinate provision appropriately to reflect the transfer and by amending the enumerator, subsection catchline, typeface, and typestyle to conform to those appearing in other subsections of such section;
(2)
renumbered
was (4)
in paragraph (1), as so redesignated, by inserting “in the Department within the Office of the Deputy Secretary” after “established”; and
(3)
renumbered
was (5)
in paragraph (4), as so redesignated—
(A)
renumbered
was (5)(2)
in subparagraph (A), as so redesignated, by adding at the end the following:
“(iii) Work plan—The Coordinating Board shall approve annually a yearly work plan and to carry out the activities of the Committee.”
(B)
renumbered
was (5)(3)
in subparagraph (B)—
(i)
renumbered
was (5)(3)(2)
by striking “The Secretary of Transportation” and inserting the following:
“(i) In general—The Secretary of Transportation”
(ii)
renumbered
was (5)(3)(3)
by adding at the end the following:
“(ii) Reporting—The Executive Director report directly to the Deputy Secretary.”
(C)
renumbered
was (5)(4)
by adding at the end the following:
“(D) Executive Secretariat—The Executive Secretariat shall provide administrative, analytical, and operational support to the Executive Director to accomplish the purpose and activities of the Committee. The Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce, shall each provide a minimum of one full-time staff member to the Executive Secretariat. Any head of any other member agency may provide additional staff support.”
(b)
added
Chapter 504— Chapter 504 of title 46, United States Code, is amended by inserting before section 50402 the following:
added
“50401. Maritime workforce advisory committee
added
“(a) Establishment—There is established a National Maritime Workforce Advisory Committee (in this section referred to as the “Committee”).
added
“(b) Function—The Committee shall advise the Secretary of Transportation on matters relating to the skills, training, and numbers of workers necessary to maintain the United States maritime industrial base workforce, including the merchant marine, shipyards, and associated activities.
added
“(c) Membership
added
“(1) In general—The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109.
added
“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added
“(3) Representation—At least 1 member of the Committee shall represent 1 of the following:
added
“(A) Ocean Common Carriers.
added
“(B) State maritime academies.
added
“(C) Centers of excellence designated under section 54101.
added
“(D) Unlicensed merchant mariner labor unions.
added
“(E) Licensed merchant mariner labor unions.
added
“(F) Shipyard labor unions.
added
“(G) Shipyards.
added
“(H) Vessel design and construction entities.
added
“(I) Post-secondary education vocational training.
added
“(J) Secondary education vocational training.
added
“(K) Offshore energy production.
added
“(L) Offshore support.
added
“(4) Administration—For purposes of section 15109—
added
“(A) the Committee shall be treated as a committee established under chapter 151; and
added
“(B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.”
Sec. 3529
Technical corrections to chapter 3 analysis
changed
Chapter 151 The analysis for chapter 3 of title 46, 14, United States Code, is amended by adding at the end the following:to read as follows:
removed
“15110. Maritime Workforce Advisory Committee
removed
“(a) Establishment—There is established a National Maritime Workforce Advisory Committee (in this section referred to as the “Committee”).
removed
“(b) Function—The Committee shall advise the Secretary on matters relating to the skills, training, and numbers of workers necessary to maintain the United States maritime industrial base workforce, including the merchant marine, shipyards, and associated activities.
removed
“(c) Membership
removed
“(1) In general—The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
removed
“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
removed
“(3) Representation—At least 1 member of the Committee shall represent 1 of the following:
removed
“(A) Ocean Common Carriers.
removed
“(B) State Maritime Academies.
removed
“(C) Centers of excellence designated under section 54101.
removed
“(D) Unlicensed Merchant Mariner Labor Unions.
removed
“(E) Licensed Merchant Mariner Labor Unions.
removed
“(F) Shipyard Labor Unions.
removed
“(G) Shipyards.
removed
“(H) Vessel design and construction entities.
removed
“(I) Post-Secondary Education Vocational Training.
removed
“(J) Secondary Education Vocational Training.
removed
“(K) Offshore Energy Production.
removed
“(L) Offshore Support.”
Sec. 3532
United States Coast Guard Corrosion Control Assistance Team Pilot Program
added
(a)
added
Establishment of pilot program—
(1)
added
Establishment— Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard, acting through the Assistant Commandant for Acquisition, shall establish and carry out a pilot program, to be known as the “United States Coast Guard Corrosion Control Assistance Team Pilot Program”, to provide corrosion prevention and control assistance to Coast Guard field units.
(2)
added
Authorities— In carrying out the pilot program established under paragraph (1), the Commandant shall—
(A)
added
provide on-site corrosion prevention and control technical advisory services and direct assistance to Coast Guard field units upon request;
(B)
added
develop and maintain a repository of corrosion prevention and control best practices and lessons learned applicable to Coast Guard maritime assets;
(C)
added
assess corrosion conditions and recommend corrective and preventive maintenance actions at Coast Guard units;
(D)
added
support training and education of Coast Guard personnel in corrosion prevention and control techniques; and
(E)
added
collect data and metrics necessary to assess the effectiveness of the pilot program and inform future programmatic decisions.
(3)
added
Pilot program objectives— In carrying out the pilot program established under paragraph (1), the Commandant shall specifically seek to—
(A)
added
demonstrate the feasibility and effectiveness of a Coast Guard-specific corrosion control assistance capability;
(B)
added
apply lessons learned from the Navy’s Corrosion Control Assistance Team program and other Department of Defense corrosion programs to the unique operational environment of the Coast Guard;
(C)
added
quantify the impact of corrosion prevention and control interventions on Coast Guard asset readiness and service life; and
(D)
added
develop recommendations related Coast Guard anti-corrosion prevention and control initiatives.
(b)
added
Activities— In carrying out the pilot program established under subsection (a), the Commandant may—
(1)
added
procure equipment, tools, and materials necessary for corrosion assessment and control activities;
(2)
added
train program personnel;
(3)
added
contract with non-Federal entities for technical expertise and advisory services; and
(4)
added
develop data systems and information management tools to support program operations.
(c)
added
Organization and staffing—
(1)
added
Corrosion control assistance teams—
(A)
added
In general— In carrying out the pilot program established under subsection (a), the Commandant shall establish not fewer than 2 Corrosion Control Assistance Teams consisting of qualified corrosion prevention and control specialists.
(B)
added
Team composition— Each Corrosion Control Assistance Team shall consist of personnel with technical expertise in—
(i)
added
marine coatings and surface preparation;
(ii)
added
cathodic protection systems;
(iii)
added
coatings and corrosion control training;
(iv)
added
corrosion control of C5I (Command and Control, Communications, Computers, Combat Systems, and Intelligence) systems;
(v)
added
corrosion engineering and failure analysis; and
(vi)
added
preventive maintenance program development.
(C)
added
Qualifications—
(i)
added
In general— Members of the Corrosion Control Assistance Team shall possess relevant technical certifications, including corrosion control credentials from AMPP (including certified Coating Inspectors, Protective Coatings Specialists, Cathodic Protection Specialists, and Corrosion Specialists) and commensurate demonstrated expertise, as determined by the Commandant.
(ii)
added
Accreditation— Firms performing the work should be AMPP QP 5 Accredited.
(2)
added
Contracts— In establishing and staffing the pilot program, the Commandant may contract with private sector entities possessing relevant technical expertise.
(d)
added
Reporting requirements—
(1)
added
Interim report— Not later than 18 months after the date on which the pilot program commences operations, the Commandant 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 an interim report on the pilot program that includes—
(A)
added
a summary of field unit visits conducted and services provided;
(B)
added
preliminary data on the impact of program activities on asset readiness and maintenance costs; and
(C)
added
any significant challenges encountered in program implementation and proposed corrective actions.
(2)
added
Final report— Not later than 90 days before the date on which the pilot program is scheduled to terminate under subsection (e), the Commandant 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 final report on the pilot program that includes—
(A)
added
a comprehensive assessment of the effectiveness of the pilot program in achieving the objectives described in subsection (c)(3);
(B)
added
quantified metrics on improvements in asset service life and operational readiness attributable to pilot program activities;
(C)
added
lessons learned from the pilot program;
(D)
added
a detailed assessment of the feasibility and projected cost of a permanent, full-scale Coast Guard corrosion prevention and control program; and
(E)
added
a recommendation from the Commandant on whether to establish such a permanent program, and if so, a proposed program structure, staffing plan, and funding requirements.
(3)
added
Publication— The Commandant shall make each report required under this subsection publicly available on a publicly accessible website of the Coast Guard.
(e)
added
Duration of pilot program—
(1)
added
In general— The pilot program shall terminate on the date that is 3 years after the date on which the pilot program commences operations.
(2)
added
Extension— The Commandant may extend the pilot program for a period of not more than 2 additional years if the Commandant determines, and notifies the committees specified in subsection (d) not later than 180 days before the termination date, that—
(A)
added
the pilot program has demonstrated sufficient effectiveness to warrant continuation; and
(B)
added
additional time is needed to collect data necessary to make a final determination on the establishment of a permanent program.
(f)
added
Coast Guard-Specific Adaptations—
(1)
added
In general— In carrying out the pilot program, the Commandant shall, where appropriate, develop Coast Guard-specific adaptations of Department of Defense corrosion prevention and control standards and processes.
(2)
added
Adoption of Navy CCAT procedures and standards— The Commandant shall specifically seek to, wherever practicable, adopt Navy Corrosion Control Assistance Team operational procedures and technical standards that are applicable to Coast Guard assets.
(g)
added
Implementation plan— Not later than 1 year after the date of enactment of this Act, the Commandant 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 an implementation plan for the pilot program that includes—
(1)
added
identification of the Coast Guard districts or units to be served during the initial phase of the pilot program;
(2)
added
a proposed schedule for commencing pilot program operations; and
(3)
added
a framework for measuring and reporting pilot program outcomes, including specific performance metrics.
Sec. 3533
Domestic procurement of Coast Guard buoy, anchor and mooring chain
added
added
Section 1154 of title 14, United States Code, is amended to read as follows:
added
“1154. Procurement of buoy, anchor, and mooring chain
added
“(a) In general—Except as provided in subsection (b), the Secretary may not procure buoy, anchor, or mooring chain for use on United States Coast Guard cutters, vessels, or shore facilities—
added
“(1) that is not manufactured in the United States; or
added
“(2) substantially all of the components of which are not produced or manufactured in the United States.
added
“(b) Exception and notice
added
“(1) Exception—The Secretary may procure buoy, anchor, or mooring chain that is not manufactured in the United States if the Secretary determines that—
added
“(A) the price of buoy, anchor, or mooring chain manufactured in the United States is unreasonable;
added
“(B) a sufficient quantity of satisfactory quality buoy, anchor, or mooring chain which the requirement in subsection (a) applies is not available;
added
“(C) application of the requirement in subsection (a) would be inconsistent with the public interest or national security; or
added
“(D) emergency circumstances exist.
added
“(2) Notice—Not later than 30 days after making a procurement under the exception under this subsection, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of the Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the procurement and basis for the procurement.”
Sec. 3541
Vice admirals
added
added
Section 305(a)(1)(A) of title 14, United States Code, is amended—
(1)
added
by striking “five” and inserting “6” in each place it appears; and
(2)
added
in clause (ii) by striking “one position shall oversee personnel management, workforce, and dependent support, training, and related matters; and” and inserting the following:
added
“(I) one that oversees personnel management, workforce and dependent support, training, and related matters; and
added
“(II) one that oversees design, planning, engineering, construction, rebuilding, and improvement of and program management for cutters, small boats, aircraft and shoreside infrastructure; and”
Sec. 3542
Chief Prevention Officer
added
added
Section 312 of title 14 is amended—
(1)
added
by redesignating subsections (a), (b), (c), (d), (e), (f) and (g) as subsections (f), (g), (h), (i), (j), (k), and (l), respectively; and
(2)
added
by inserting the following:
added
“(a) In general—There shall be in the Coast Guard a Chief Prevention Officer selected by the Commandant who shall serve in the grade of a Rear Admiral (Upper Half) or higher. At a minimum, the Chief Prevention Officer shall serve at the Assistant Commandant level.
added
“(b) Responsibilities—The Chief Prevention Officer shall be responsible for carrying out the duties set forth in section 504(c).
added
“(c) Authorities—In addition to the duties described in subsection (b), the Chief Prevention Officer shall—
added
“(1) be the sole office for the Coast Guard to promulgate regulations and agency policy regarding all Coast Guard duties in marine safety, security, and stewardship, subject only to the Commandant’s directives;
added
“(2) make recommendations to the Commandant for the adoption of new methodologies or technologies that should be leveraged for marine safety, security, and stewardship; and
added
“(3) coordinate with Coast Guard research and development and have the authority to enter into memorandums of agreement or similar with public or private entities for the purpose of testing and assessing new technology.
added
“(d) Staff—Under the direction of the Chief Prevention Officer, a civilian from the Senior Executive Service (career reserved) shall serve as the Deputy Chief Prevention Officer.
added
“(e) Limitations
added
“(1) In general—The Secretary of the department in which the Coast Guard is operating is prohibited from removing or redesignating the Chief Prevention Officer position, to include the Deputy Chief Preservation Officer, unless otherwise permitted by an express Act of Congress.
added
“(2) Final agency action—The Chief Prevention Officer, or his or her designee, has the sole authority to make agency decisions regarding marine safety, security, and stewardship in accordance with his or her duties. These decisions shall be considered final agency action, and may only be appealed up to the Commandant of the Coast Guard.”
Sec. 3543
Cyber coordination and support in foreign territories
added
added
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
added
“723. Cyber coordination in foreign territories
added
“(a) In general—The Secretary, acting through the Commandant, may coordinate with and provide support to a foreign entity for cyber operations prevention and response including cyber assessments, audits, inspections, and operations related to a marine transportation system and assets located outside the United States that have a nexus to the United States Marine Transportation System, or illegal, unreported, and unregulated fishing.
added
“(b) Coordination—The Secretary may provide support under subsection (a) after coordination with the Secretary of State.
added
“(c) Reimbursement authority—The Secretary may require reimbursement from a foreign entity for costs incurred by the Coast Guard for assistance provided under subsection (a).
added
“(d) Definitions—In this section:
added
“(1) Foreign entity—The term “foreign entity” includes foreign governments and intergovernmental organizations the Secretary considers appropriate with consent from the Secretary of State.
added
“(2) Marine transportation system—The term “marine transportation system” means a navigable water transportation system, including the vessels, ports (and intermodal connections thereto), and shipyards and other vessel repair facilities that are components of that system.
added
“(3) United States Marine Transportation System—The term “United States Marine Transportation System” has the meaning given the term “marine transportation system” in section 3516 of the National Defense Authorization Act for Fiscal Year 2010 (49 U.S.C. 109 note).”
Sec. 3544
Authority to enter into transactions other than contracts, cooperative agreements, and grants
added
added
Section 1158 of title 14, United States Code, is amended—
(1)
added
in the section heading, by striking “contracts and grants” and inserting “contracts, cooperative agreements, and grants”;
(2)
added
by amending subsection (a) to read as follows:
added
“(a) In general—Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard, including—
added
“(1) transactions for prototype projects; and
added
“(2) follow-on production contracts or transactions awarded under subsection (f) for the purpose of transitioning technology that has been successfully operated, tested, and evaluated using transactions (other than contracts, cooperative agreements, and grants) involving the Coast Guard, the Department of Homeland Security, a consortium of United States industry and academic institutions, or the Department of Defense (including any military department or component of the Department of Defense).”
(3)
added
by redesignating subsection (f) as subsection (g); and
(4)
added
by inserting after subsection (e) the following:
added
“(f) Follow-on production contracts and transactions
added
“(1) In general—A transaction entered into under subsection (a) may provide for the award of a follow-on production contract or transaction to the participants in the transaction.
added
“(2) Competitive procedures—Notwithstanding the requirements of chapter 221 of title 10 and even if explicit notification was not listed within the request for proposal for the transaction, a follow-on production contract or transaction provided for in a transaction under subsection (a) may be awarded to the participants in the transaction without the use of competitive procedures if—
added
“(A) competitive procedures were used for the selection of parties for participation in the transaction; and
added
“(B) the participants in the transaction successfully completed the prototype project provided for in the transaction.
added
“(3) Determination—A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Commandant determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.”
Sec. 3545
Coast guard academy adjunct professors
added
added
Chapter 19 of title 14, United States Code, is amended by adding at the end the following:
added
“1949. Adjunct professors
added
“(a) In general
added
“(1) Determination—If the Commandant determines that there is a need for adjunct professors and the need is not of permanent duration, the Commandant may enter into contracts under paragraph (2).
added
“(2) Contracts—Subject to a determination under paragraph (1), the Commandant may enter into personal service contracts with individuals to provide services as adjunct professors at the Academy.
added
“(b) Limitation—At no time shall the number of individuals with whom the Commandant has entered into personal service contracts under subsection (a), exceed 5 percent of the entirety of the instructional staff, part-time and full-time, at the Academy.
added
“(c) Contract requirements—Each contract entered into pursuant to subsection (a)—
added
“(1) shall be approved by the Commandant;
added
“(2) shall be for delivery of not more than 12 credits per semester, for not more than 3 years; and
added
“(3) shall be subject to the availability of appropriations.
added
“(d) Extensions and renewals—Each individual covered by a contract under subsection (a)(2) shall be limited to 2 contracts.”
Sec. 3546
Designation of officers with particular expertise in highly skilled professional fields
added
added
Section 2132 of title 14, United States Code, is amended—
(1)
added
in the section heading, by striking “military justice or healthcare” and inserting “military justice, healthcare, or other highly skilled professional fields”;
(2)
added
in subsection (a)—
(A)
added
in paragraph (1), by striking “or” at the end;
(B)
added
in paragraph (2), by striking the period and inserting “; or”; and
(C)
added
by adding at the end, the following new paragraph:
added
“(3) other highly skilled professional fields.”
(3)
added
in subsection (b), by striking “section 2126” and inserting “regulations prescribed by the Secretary”; and
(4)
added
by adding at the end, the following new subsection:
added
“(c) Definition of other highly skilled professional fields—For purposes of this section, the term “other highly skilled professional fields” means professional occupational specialties that require advanced technical expertise, or highly specialized training as determined appropriate by the Secretary, or a professional certification.”
Sec. 3547
The effect of failure of selection for promotion
added
(a)
added
Regular lieutenants; separation for failure of selection for promotion; continuation— Section 2143 of title 14, United States Code, is amended—
(1)
added
by redesignating subsections (b) and (c) as subsection (c) and (d) respectively;
(2)
added
in subsection (d), as so redesignated, by striking “subsection (b)” and inserting “subsection (c)”; and
(3)
added
by inserting after subsection (a) the following:
added
“(b) Completion of active duty service obligation
added
“(1) In general—If an officer is subject to discharge under paragraphs (1) or (2) of subsection (a) and, as of the date on which the officer is to be discharged under such subsection, the officer has not completed the officer’s active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under subsection (a)(1), unless sooner retired or discharged under another provision of law.
added
“(2) Waiver—The Secretary may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.”
(b)
added
Regular lieutenant commanders and commanders; retirement for failure of selection for promotion— Section 2145 of title 14, United States Code, is amended—
(1)
added
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(2)
added
in subsection (d)(2), as so redesignated, by striking “subsection (b)” and inserting “subsection (c)”; and
(3)
added
by inserting after subsection (a) the following:
added
“(b) Completion of active duty service obligation
added
“(1) In general—If an officer is subject to discharge under paragraph (1) or (2) of subsection (a) and, as of the date on which the officer is to be discharged under such subsection, the officer has not completed the officer’s active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under paragraph (1) or (2) of subsection (a), unless sooner retired or discharged under another provision of law.
added
“(2) Waiver—The Secretary may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.”
Sec. 3548
Service credit for national oceanic and atmospheric administration or the public health service
added
added
Section 2152 of title 14, United States Code, is amended—
(1)
added
by striking “Any regular” and inserting—
added
“(a) In general—Any regular”
(2)
added
by adding at the end the following:
added
“(b) Service credit—For purposes of subsection (a), active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.”
Sec. 3549
Remote appearance before a board of inquiry
added
added
Section 2162 of title 14, United States Code, is amended—
(1)
added
in paragraph (3) by striking “allowed” and inserting “subject to subsection (b), allowed”;
(2)
added
in the matter preceding paragraph (1) by striking “Each Officer” and inserting the following:
added
“(a) In general—Each Officer”
(3)
added
by adding at the end the following new subsection (b):
added
“(b) Remote appearance—The Secretary may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry under section 2159 of this title may be via a means other than in person.”
Sec. 3550
Captain of the port authorities over unmanned maritime systems
added
added
Subchapter I of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
added
“70008. Captain of the port authorities over unmanned maritime systems
added
“(a) In general—For the purposes of sections 70002, 70022, 70051, and 70116, and any regulations or orders issued thereunder, an unmanned maritime system shall be treated as a vessel.
added
“(b) Enforcement—Any violations involving an unmanned maritime system shall be subject to enforcement and penalties under sections 70036, 70052, 70019, and 70120, as appropriate.
added
“(c) Special authority beyond territorial sea
added
“(1) In general—The Commandant of the Coast Guard is authorized to order an unmanned maritime system, consistent with customary international law, to operate or anchor in a manner the Commandant directs if the Commandant considers such order necessary—
added
“(A) for the promotion of safety of life and property on the artificial islands, installations, or other devices referred to in section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), and the waters adjacent thereto;
added
“(B) protection of the marine environment; or
added
“(C) protection of sovereign rights with respect to marine scientific research in the Exclusive Economic Zone and on the outer Continental Shelf.
added
“(2) Violation—A violation of an order issued under this subsection shall be treated as a violation under this chapter and section 70036 shall apply.
added
“(d) Definitions—In this section:
added
“(1) Unmanned maritime system—The term “unmanned maritime system” means a self-propelled watercraft that navigates on the surface or subsurface of the water and is designed to operate without human operators onboard or a tether to a vessel.
added
“(2) Marine environment—The term “marine environment” has the meaning given the term in section 70031 of title 46, United States Code.
added
“(3) Exclusive economic zone—The term “Exclusive Economic Zone” has the meaning given the term “Exclusive Economic Zone of the United States” in Presidential Proclamation 5030.
added
“(4) Outer continental shelf—The term “outer Continental Shelf” has the meaning given the term in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).”
Sec. 3551
Technical amendments to surveillance requirements
added
added
Section 4901 of title 46, United States Code, is amended—
(1)
added
in subsection (a) by striking “passengers” and inserting “passengers for hire”;
(2)
added
in subsection (b)(3) by striking “(43 U.S.C. 1331(a)).” and inserting “(43 U.S.C. 1331(a))).”; and
(3)
added
by redesignating the second subsection (g) as subsection (i).
Sec. 3552
Reception facilities
added
added
Section 6(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 1905(a)(3)) is amended to read as follows:
added
“(3) The Secretary, after consultation with the Administrator and appropriate Federal agencies, shall prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary, after consultation with the Administrator, may prescribe regulations to certify, and may issue certificates to the effect, that a port’s or terminal’s facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate.”
(a)
added
In general— Chapter 19 of title 14, United States Code, is amended by inserting after subchapter III the following:
added
“IV Support”
(b)
added
Support for Coast Guard Academy— Section 953 of title 14, United States Code, is—
(1)
added
redesignated as section 1951 of such title;
(2)
added
transferred to appear after subchapter IV of such title; and
(3)
added
amended by striking—
(A)
added
subsection (h); and
(B)
added
“the athletic programs of” each place it appears, except in subsection (d)(3).
(c)
added
Mixed-funded programs— Section 954 of title 14, United States Code, is—
(1)
added
redesignated as section 1952 of such title;
(2)
added
transferred to appear after section 1951 of such title (as redesignated by this Act); and
(A)
added
striking the section heading and inserting “Mixed-funded programs of the Coast Guard Academy”;
(B)
added
in subsection (a) by striking “athletic or recreational extracurricular”; and
(C)
added
in subsection (b)—
(i)
added
by striking “athletic or recreational extracurricular” each place it appears; and
(ii)
added
by striking “an” and inserting “a”.
(d)
added
Authorization for use of Coast Guard Academy facilities and equipment by qualified organizations— Section 1908 of title 14, United States Code, is—
(1)
added
redesignated as section 1953 of such title;
(2)
added
transferred to appear after section 1952 of such title (as redesignated by this Act); and
(A)
added
by striking the section title and inserting “Authorization for use of Coast Guard Academy facilities and equipment by qualified organizations”; and
(B)
added
by striking subsection (f); and
(C)
added
by striking “covered foundation” and inserting “qualified organization” each place it appears.
(e)
added
Participation in Federal, State, or other educational research grants— Section 1906 of title 14, United States Code—
(1)
added
is redesignated as section 1954 of such title;
(2)
added
transferred to appear after section 1953 of such title (as redesignated by this Act); and
(3)
added
amended by striking paragraph (5).
(f)
added
Qualified organization— Subchapter IV of chapter 19 of title 14, United States Code, as added by this Act, is further amended by inserting after section 1954 the following:
added
“1955. Qualified organization
added
“(a) Qualified organization defined—In this subchapter, the term “qualified organization” means an organization—
added
“(1) that is a charitable, scientific, or educational organization that operates under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of such section;
added
“(2) for which authorization under sections 1033(a) and 1589(a) of title 10 may be provided; and
added
“(3) that the Secretary determines operates exclusively to support—
added
“(A) recruiting activities with respect to the Coast Guard Academy;
added
“(B) parent or alumni development in support of the Coast Guard Academy;
added
“(C) academic, leadership, or character development of Coast Guard Academy cadets;
added
“(D) institutional development of the Coast Guard Academy;
added
“(E) athletics in support of the Coast Guard Academy; or
added
“(F) academic research, including applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.”
Sec. 3554
Report and recommendations on integration of autonomous and remotely operated vessels
added
(a)
added
In general— Not later than 12 months after the date of enactment of this Act, the Commandant of the Coast Guard 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 on the safe integration of autonomous and remotely operated vessels into the marine transportation system of the United States.
(b)
added
Consultation— In preparing the report under subsection (a), the Commandant shall consult with—
(1)
added
the National Merchant Marine Personnel Advisory Committee established under section 15103 of title 46, United States Code;
(2)
added
the National Merchant Mariner Medical Advisory Committee established under section 15104 of title 46, United States Code; and
(3)
added
vessel operators, builders, classification societies, licensed maritime labor organizations, unlicensed maritime labor organizations, and longshore labor organizations.
(c)
added
Contents— The report required under subsection (a) shall include—
(1)
added
an assessment of the provisions of title 46, United States Code, and the laws codified in title 33, United States Code, and the regulations issued thereunder, that condition the operation, manning, or navigation of a vessel on the performance of a function by an individual onboard and that may impact the safe operation of autonomous or remotely operated vessels, including—
(A)
added
the manning and complement requirements under sections 8101 and 8301 of title 46, United States Code;
(B)
added
the look-out requirement under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.) and the Inland Navigational Rules under title 33, Code of Federal Regulations, as in effect on the date of enactment of this Act;
(C)
added
the vessel design, construction, inspection, operation, and management requirements under chapters 32 and 33 of title 46, United States Code; and
(D)
added
the vessel and facility security requirements under chapter 701 of title 46, United States Code;
(2)
added
for each provision identified under paragraph (1), a determination of whether the provision may be addressed by the Secretary under existing authority, including through equivalency or alternative compliance determinations, or requires additional statutory authority;
(3)
added
recommendations for any statutory or regulatory amendments the Commandant determines necessary or advisable to permit the safe operation of autonomous or remotely operated vessels on a basis providing a level of safety and security equivalent to or greater than that provided by a conventionally crewed vessel, including proposed legislative changes for any recommended statutory amendment;
(4)
added
an analysis of the evolving role of merchant mariners in operating and supporting such vessels, both onboard and from remote locations, including effects on mariner training, credentialing, and the maritime workforce; and
(5)
added
a description of how the recommendations relate to the safety and equivalency framework of the International Maritime Organization International Code of Safety for Maritime Autonomous Surface Ships, to support interoperability for vessels of the United States operating on international voyages.
(d)
added
Interim briefing— Not later than 6 months after the date of enactment of this Act, the Commandant shall brief the Committees described in subsection (a) on the progress of the report.
(e)
added
Rule of construction— Nothing in this section authorizes the operation of any vessel or modifies any requirement of title 46, United States Code, or the laws codified in title 33, United States Code.
Sec. 3555
Remotely crewed offshore supply vessel pilot program
added
(a)
added
In general— Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a pilot program to allow operation of remotely crewed offshore supply vessels described in subsection (b) in the Gulf of America.
(b)
added
Eligible vessels— Eligible vessels that may participate in the pilot program shall be limited to coastwise qualified vessels documented and endorsed under section 12112 of title 46, United States Code, which are remotely operated offshore supply vessels that have been built or repaired in United States shipyards within 5 years of the date of enactment of this Act, do not exceed 6,000 deadweight tons, and are not longer than 350 feet in overall length.
(c)
added
Waiver of certain requirements— The Commandant shall modify or waive applicable vessel design and construction regulations regarding crew accommodations and related requirements, as necessary, to allow the vessels operating in the pilot program described in subsection (a) to operate in the Gulf of America while ensuring navigation safety and the reliable, safe and secure operation of such vessels.
(d)
added
Geographic limitations— The vessels operating under the pilot program established under subsection (a) shall only be allowed to operate remotely within the Gulf of America beyond 12 nautical miles from shore.
(e)
added
Operating requirements— All operating functions of vessels operating under the pilot program established under subsection (a), including navigation, engineering, and vessel monitoring, shall be performed by credentialed United States citizens under standards established by the Coast Guard. The crew complement for each vessel shall be identical in size and certification to the currently required crew complement for vessels of this type, size and power.
(f)
added
Report required— During the course of the pilot program established under subsection (a), the Commandant shall provide semiannual reports on the pilot program to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, which shall include—
(1)
added
a description on the number of vessels participating in the pilot program;
(2)
added
the number of voyages conducted by such vessels; and
(3)
added
any information deemed relevant by the Commandant on the operation of such vessels in the pilot program.
(g)
added
Length of pilot program— The pilot program described in subsection (a) is authorized for a period of 5 years commencing on the date on which the Coast Guard establishes such pilot program.
Sec. 3556
Change of homeports or air stations
added
added
Section 910 of title 14, United States Code, is amended to read as follows:
added
“910. Change of homeports or air stations
added
“(a) In general—Except as provided in subsection (b), the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy may not permanently—
added
“(1) close any Coast Guard station or unit; or
added
“(2) change the homeport of any cutters or the air station to which any aircraft is assigned.
added
“(b) Notification to Congress
added
“(1) In general—Not later than 6 months before taking any permanent action under subsection (a)(1), or 90 days before taking any permanent action under subsection (a)(2), the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, in writing, of such a closure or change.
added
“(2) Contents—The Secretary shall include in any notification under paragraph (1) an evaluation of the impacts of such a closure or change on—
added
“(A) spending from the Coast Guard;
added
“(B) the Operations and Support Account;
added
“(C) the Procurement, Construction, and Improvement Account;
added
“(D) the Environmental Restoration Account;
added
“(E) Coast Guard operations; and
added
“(F) the ability of the infrastructure of receiving communities, if any, to support forces, missions, and personnel as a result of such closure or change.
added
“(c) Limitation—This section shall not apply to the closure of a Coast Guard station or unit or a realignment with respect to a Coast Guard station or unit, if the President certifies to the Congress in writing that such closure or change is implemented for reasons of national security.
added
“(d) Public comment—Before taking any closure or change action under this section, temporary or otherwise, the Commandant shall provide an opportunity for public comment and for public meetings in the area of the Coast Guard station or unit with regard to the decision to close such station or subunit.
added
“(e) Definitions—In this section:
added
“(1) Coast Guard station or unit—The term “Coast Guard station or unit” means a base, station, yard, center, homeport facility for any ship or cutter, or other facility under the jurisdiction of the of Coast Guard, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam.
added
“(2) Closure; change—The terms “closure” or “change” includes any action which both reduces and relocates functions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances for a period of more than 30 days in a calendar year.”
Sec. 3557
Architectural and engineering services and construction design; design-build selection procedures
added
added
Subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
added
“1112. Architectural and engineering services and construction design
added
“(a) In general—The Secretary may obtain architectural and engineering services and may carry out construction design in connection with the construction of facilities authorized under section 4902(2)(A).
added
“(b) Notification
added
“(1) In general—In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $5,000,000, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services.
added
“(2) Timing of obligation—The Secretary may obligate funds for services described in paragraph (1) only after the end of the 14-day period beginning on the date on which the notification is provided to the Committees under paragraph (1).
added
“1113. Design-build selection procedures
added
“Unless the traditional acquisition approach of design-bid-build established under chapter 11 of title 40 is used, or another acquisition procedure authorized by law is used, when entering into a contract for the design and construction of facilities authorized under section 4902(2)(A), the Secretary shall use the two-phase selection procedures authorized in subsections (a) through (e) of section 3241 of title 10, if such project is determined appropriate for the use of such a two-phase project when the criteria use included in section 3241(b) are applied to the project.”
Sec. 3561
Commercial shipbuilding infrastructure program
added
added
Section 54101 of title 46, United States Code, is amended to read as follows:
added
“54101. Commercial shipbuilding infrastructure program
added
“(a) Establishment
added
“(1) In general—Subject to the availability of appropriations, the Maritime Administrator shall carry out a program to provide financial assistance to shipyards for the purposes described in subsection (c).
added
“(2) Goal—The goal of the program shall be to fund eligible projects that will foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries.
added
“(b) Grant authority
added
“(1) In general—In carrying out the program, the Maritime Administrator shall make grants to eligible applicants, on a competitive basis, in accordance with this section.
added
“(2) Administrative costs—Not more than 2 percent of amounts made available to carry out the program authorized by this section may be used for necessary costs of administration of the program authorized by this section.
added
“(3) Availability
added
“(A) In general—Amounts appropriated to make grants for shipyards under this section shall remain available until expended.
added
“(B) Reuse of unexpended grant funds—Amounts awarded as a grant under this section that are not expended by the grantee during the 5-year period following the date of the award or that are returned shall remain available to the Maritime Administrator for use for grants under this section in a subsequent fiscal year.
added
“(4) Awards—In providing assistance under this section, the Maritime Administrator shall not select an applicant for more than one award for the same fiscal year.
added
“(5) Amount—For grants other than those awarded under subsection (i), the minimum award size shall be $30,000,000.
added
“(6) Prohibited uses—A maritime training center that has received funds awarded under section 51706 of title 46, United States Code, shall not be eligible for grants under this section for training purposes in the same fiscal year.
added
“(c) Eligible projects—Assistance provided under this section may be used to—
added
“(1) make capital and related improvements to shipyards owned or operated by eligible applicants; and
added
“(2) provide training for workers in shipbuilding, ship repair, and associated industries.
added
“(d) Eligible applicants—To be eligible for financial assistance pursuant to this section, an applicant shall—
added
“(1) have authority as owner or operator of the shipyard facility to carry out the proposed project as required by subsection (j); and
added
“(2) be the owner or operator of a shipyard facility in a single geographic location in the United States that—
added
“(A) constructs, repairs, or reconfigures vessels 40 feet in length or more for commercial or government use; or
added
“(B) constructs, repairs, or reconfigures vessels 100 feet in length or more for noncommercial vessels.
added
“(e) Buy America
added
“(1) In general—Subject to paragraph (2), the Maritime Administrator shall not obligate funds under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—
added
“(A) an unmanufactured article, material, or supply that has been mined or produced in the United States; or
added
“(B) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
added
“(2) Exceptions
added
“(A) In general—Notwithstanding paragraph (1), the requirements of that paragraph shall not apply with respect to a particular product or material if the Administrator determines—
added
“(i) that the application of those requirements would be inconsistent with the public interest;
added
“(ii) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or
added
“(iii) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.
added
“(B) Federal register—A determination made by the Administrator under this subparagraph shall be published in the Federal Register.
added
“(3) Definitions—In this subsection:
added
“(A) Commercially available off-the-shelf item—The term “commercially available off-the-shelf item” means—
added
“(i) any item of supply (including construction material) that is—
added
“(I) a commercial product, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and
added
“(II) sold in substantial quantities in the commercial marketplace; and
added
“(ii) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.
added
“(B) Product or material—The term “product or material” means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
added
“(C) United States—The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
added
“(f) Solicitation and application
added
“(1) Notice of funding opportunity—Not later than 45 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds.
added
“(2) Applications
added
“(A) In general—To be eligible to receive a grant under this section, an applicant shall submit to the Maritime Administrator an application in such form and containing such information and assurances as the Maritime Administrator considers to be appropriate.
added
“(B) Contents—Such an application shall include, at minimum, a comprehensive description of—
added
“(i) the need for the project;
added
“(ii) the methodology for implementing the project; and
added
“(iii) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.
added
“(3) Timing of applications—To be eligible to receive assistance under this section, an applicant must submit an application by such date as the Maritime Administrator may establish.
added
“(g) Primary selection criteria—In awarding grants under the program, the Maritime Administrator shall evaluate the extent to which a project fosters—
added
“(1) efficiency, competitive operations, quality ship construction, repair, and reconfiguration, and improves capacity at the shipyard (for capital improvement projects);
added
“(2) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries (for maritime training program projects); and
added
“(3) improved capacity at the shipyard (for projects other than those under subsection (i)).
added
“(h) Additional considerations—In selecting projects to receive grants under the program, the Maritime Administrator shall give substantial weight to—
added
“(1) the extent to which the project improves safety;
added
“(2) the utilization of non-Federal contributions;
added
“(3) the utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
added
“(4) the extent to which the project supports critical shipbuilding and ship repair infrastructure as determined by the Maritime Administrator; and
added
“(5) contributions to geographic diversity among grant recipients.
added
“(i) Assistance to small shipyards
added
“(1) Allocation of funds—The Maritime Administrator shall reserve not less than 25 percent of the amounts made available for grants under this section each fiscal year to make grants to eligible applicants for eligible projects at shipyard facilities that have 1,200 production employees or fewer in one geographic location.
added
“(2) Limitations
added
“(A) In general—Grants awarded under this subsection may not be used to construct buildings or other physical facilities or to acquire land.
added
“(B) Limitation—Not more than 25 percent of the funds available under this subsection may be awarded to any small shipyard in one geographic location that has more than 600 production employees.
added
“(3) Production employees—In this section, production employees include eligible applicant employees directly engaged in repair, construction, or reconstruction of vessels and does not include—
added
“(A) employees primarily engaged in administration, engineering, or support functions; or
added
“(B) contractors of any kind.
added
“(j) Conditions on provision of assistance—The Maritime Administrator may not award a grant under this section unless the Maritime Administrator determines that—
added
“(1) sufficient funding is available to meet the matching requirements of subsection (l);
added
“(2) the project will be completed without unreasonable delay; and
added
“(3) the recipient has authority to carry out the proposed project.
added
“(k) Awards
added
“(1) In general—Except as provided in subparagraph (2), not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Maritime Administrator shall announce the selection of awards of eligible projects to receive grants in accordance with this section.
added
“(2) Announcement—For projects selected under subsection (i), the Maritime Administrator shall announce the selection of awards of eligible projects not later than 150 days after the date on which amounts are made available to provide grants under the program for a fiscal year, in accordance with this section.
added
“(l) Federal share—The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 75 percent.
added
“(m) Technical assistance
added
“(1) In general—On request of an eligible applicant that submitted an application for a project that is not selected to receive a grant under the program, the Maritime Administrator shall provide to the eligible applicant technical assistance and briefings relating to the project.
added
“(2) Treatment—Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program.
added
“(n) Audits and examinations—All grantees under this section shall maintain such records as the Maritime Administrator may require and make such records available for review and audit by the Maritime Administrator.
added
“(o) Procedural safeguards—The Maritime Administrator, in consultation with the Office of the Inspector General, shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
added
“(1) grant funds are used for the purposes for which they were made available;
added
“(2) grantees have properly accounted for all expenditures of grant funds; and
added
“(3) grant funds not used for such purposes and amounts not obligated or expended are returned.”
Sec. 3562
Designation of centers of excellence for domestic maritime workforce training and education
added
added
Section 51706(c) of title 46, United States Code, is amended—
(1)
added
in paragraph (1)(A)—
(A)
added
by inserting “or territory of the United States” after “State”; and
(B)
added
in clause (i), by striking “Gulf of Mexico” and inserting “Gulf of America”;
(2)
added
in paragraph (1)(B)—
(A)
added
in clause (iii), by inserting “or” at the end;
(B)
added
in clause (iv), by striking “or” at the end; and
(C)
added
by striking clause (v);
(3)
added
by striking paragraph (2); and
(4)
added
by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively.
Sec. 3563
Civilian mariner education and development payments
added
(a)
added
Mariner education and development payments— Chapter 515 of title 46, United States Code, is amended by adding at the end the following new section:
added
“51512. Mariner education development payments
added
“(a) In general—If a State maritime academy has an agreement with the Secretary of Transportation under section 51505 of this title, the Secretary may make an agreement with a student at the academy who is a citizen of the United States to make mariner education development payments to the State Maritime Academy on behalf of the individual.
added
“(b) Payments
added
“(1) In general—Payments under an agreement under this section shall be—
added
“(A) based on the in-state annual cost of in-state tuition, on-campus room and board, fees, books, and uniforms at the State maritime academy the individual is attending;
added
“(B) paid in amounts as determined by the Secretary;
added
“(C) paid in such installments as the Secretary shall determine while the individual is attending the academy; and
added
“(D) allocated among the State maritime academies as prescribed by the Secretary.
added
“(2) Authorized uses—The payments shall be used for the cost of tuition, room and board, fees, books, and uniforms at the academy.
added
“(c) Agreement requirements—An agreement under this section—
added
“(1) may provide for payments for the cost of tuition, room and board, fees, books, and uniforms for not more than 4 academic years; and
added
“(2) shall require the individual to—
added
“(A) complete the course of instruction at the academy the individual is attending within 6 years of the date of enrollment;
added
“(B) obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
added
“(C) for at least 6 years after graduation from the academy, maintain—
added
“(i) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
added
“(ii) a valid transportation worker identification credential; and
added
“(iii) a Coast Guard medical certificate;
added
“(D) apply for, and accept if tendered, a position commensurate with the obtained merchant mariner credential, for a period of not less than 1 year but not more than 5 years, as determined by the Secretary of Transportation based on the amount of payments provided under this section, as—
added
“(i) a civil service mariner aboard a vessel owned and operated by the Military Sealift Command, National Oceanic and Atmospheric Administration, United States Coast Guard, United States Army Corps of Engineers, or other Federal agency;
added
“(ii) a merchant marine officer aboard a Federal vessel owned by the Military Sealift Command or the Maritime Administration, if the Secretary determines that employment under clause (i) is not available to the individual;
added
“(iii) a merchant marine officer on a vessel owned and operated by the United States Federal Government or by a State government of the United States if the Secretary determines that employment under clauses (i) and (ii) is not available to the individual;
added
“(iv) a merchant marine officer on a U.S.-documented commercial oceangoing vessel if the Secretary determines that employment under clauses (i), (ii), and (iii) is not available to the individual;
added
“(v) a merchant marine officer on a U.S.-documented commercial vessel that is not an oceangoing vessel if the Secretary determines that employment under clauses (i) through (iv) is not available to the individual;
added
“(vi) an employee in a United States maritime-related industry, profession, or marine science (as determined by the Secretary), if the Secretary determines that service under clauses (i) through (v) is not available to the individual; or
added
“(vii) a merchant marine officer on a foreign-documented commercial oceangoing vessel that employs mariners through a U.S.-based labor union, if the Secretary determines that employment under clauses (i) through (vi) is not available to the individual or in the best interests of the United States; and
added
“(E) report to the State maritime academy of graduation, or to the Secretary if directed, on compliance with subparagraphs (A) through (D) of this subsection.
added
“(d) Failure to complete agreement requirements—If the individual is unable or unwilling to meet the agreement requirements under subsection (c), the Secretary of Transportation may recover from the individual the amount paid under the commitment agreement, plus interest and attorney fees. The Secretary may reduce the amount to be recovered based on factors the Secretary determines merit a reduction.
added
“(e) Actions to recover cost—To aid in the recovery of the amount paid by the Government under a commitment agreement under this section, the Secretary of Transportation may—
added
“(1) request the Attorney General to bring a civil action against the individual; and
added
“(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.
added
“(f) Modification or waiver—The Secretary may waive any of the terms and conditions set forth in subsection (c) or modify such terms and conditions through the imposition of alternative service requirements.
added
“(g) Eligibility for additional payments—An individual who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the individual has fulfilled the obligated years of service under subsection (c)(2)(D) of this section.
added
“(h) Funding availability—Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51513, and 51708, as determined by the Secretary.”
Sec. 3564
Maritime service employment reimbursement
added
added
Chapter 517 of title 46, United States Code, is amended by adding at the end the following:
added
“51708. Maritime service employment reimbursement
added
“(a) In general—The Secretary of Transportation may make an agreement with a maritime center of excellence to make payments to the maritime center of excellence for the cost of reimbursing an individual for costs incurred to obtain, renew, or upgrade a merchant mariner credential or other credentials required for working ashore in the maritime industry.
added
“(b) Eligible individual—To receive assistance under this section, an individual must be a United States citizen.
added
“(c) Covered costs—Costs that are eligible for reimbursement under this section are costs incurred directly by an eligible individual to obtain, renew, or upgrade a merchant mariner credential or credentials required for working ashore in the maritime industry, including—
added
“(1) training tuition and fees;
added
“(2) credentialing fees;
added
“(3) medical screening and examination fees; and
added
“(4) other fees as determined by the Secretary.
added
“(d) Payments—Subject to subsection (e), the Secretary of Transportation may provide payments to a maritime center of excellence for—
added
“(1) reimbursements provided by the maritime center of excellence to an eligible individual for covered costs incurred by the individual at the maritime center of excellence;
added
“(2) the costs of canceling or waiving payments on loans issued by the maritime center of excellence to an eligible individual, including interest on the loan of up to 5 percent per annum; or
added
“(3) other payments as determined by the Secretary.
added
“(e) Authorized uses—Payments under subsection (d) may be used for covered costs incurred by an eligible individual who—
added
“(1) incurred the covered costs at the maritime center of excellence; and
added
“(2) has completed—
added
“(A) 150 sea service days on a U.S.-flag vessel of greater than 10,0000 gross register tons within 2 years of completing the course of instruction; or
added
“(B) 1 year of shoreside employment at a maritime facility that directly supports the construction, repair, or maintenance of U.S. vessels, as determined by the Secretary.
added
“(f) Prohibited uses—Funds provided to a maritime center of excellence pursuant to this section may not be used to reimburse an eligible individual—
added
“(1) if the individual has already received reimbursements for the covered costs from an entity other than the maritime center of excellence;
added
“(2) if an entity other than the maritime center of excellence has paid for covered costs or provided training at no cost to the individual;
added
“(3) if the individual incurs covered costs associated with a degree program at a State maritime academy as defined in section 51501 of this title;
added
“(4) if the individual is a participant in a program under sections 51509, 51512, or 51513 of this title; or
added
“(5) for any expenses that exceed $10,000 per calendar year.
added
“(g) Administrative expenses
added
“(1) In general—A maritime center of excellence may retain not more than 3 percent of the annual funding provided by the Secretary to the maritime center of excellence under this section for administrative expenses incurred in providing reimbursements or payments under this section.
added
“(2) Administrative and oversight costs—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year to make payments under this section for the administrative and oversight costs incurred by the Secretary in implementing this section.
added
“(h) Funding availability—Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51512, and 51513, as determined by the Secretary.
added
“(i) Maritime center of excellence defined—In this section, the term “maritime center of excellence” means—
added
“(1) an American Maritime Center of Excellence, as designated under section 51501 of this title; or
added
“(2) a Center of Excellence for Domestic Maritime Workforce Training and Education, as designated under section 51706 of this title.”
Sec. 3565
Student incentive payment agreements
added
added
Section 51509 of title 46, United States Code, is amended—
(1)
added
in subsection (b)—
(A)
added
by striking paragraphs (1) and (2) and inserting the following:
added
“(1) In general—Payments under an agreement under this section shall be—
added
“(A) paid in amounts as determined by the Secretary, but shall not exceed 50 percent of the average total of the in-state cost of attendance charged by all State maritime academies for a four-year merchant marine officer preparation program;
added
“(B) paid in such installments as the Secretary shall determine while the individual is attending the academy; and
added
“(C) allocated among the State maritime academies as prescribed by the Secretary.”
(B)
added
by redesignating paragraph (3) as paragraph (2); and
(C)
added
in paragraph (2), as so redesignated, by striking “uniforms, tuition, books, and subsistence” and inserting “the cost of attendance at the Academy”;
(2)
added
in subsection (e)(1)—
(A)
added
in subparagraph (A)(ii) by striking “$8,000” and inserting “10 percent of the agreed upon amount”; and
(B)
added
in subparagraph (B)(ii) by striking “$16,000” and inserting “25 percent of the agreed upon amount”; and
(3)
added
by inserting after subsection (i) the following:
added
“(j) Eligibility for additional payments—A student who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the student has fulfilled the obligated 3 years of service under subsection (d)(5).
added
“(k) Funding availability—Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51512, 51513, and 51708, as determined by the Secretary.
added
“(l) Cost of attendance defined—In this section, the term “cost of attendance” means tuition, room and board costs, fees, books, and uniforms.”
Sec. 3566
State maritime academy reimbursement for training ship cadet tuition and fees
added
added
Chapter 515 of title 46, United States Code, is amended by adding at the end the following:
added
“51513. State maritime academy reimbursement for training ship cadet tuition and fees
added
“(a) In general—If a State maritime academy has an agreement with the Secretary of Transportation under section 51505 of this title, the Secretary may make an agreement with a student at the academy who is a citizen of the United States to make payments to the State maritime academy on behalf of the individual for the cost of the tuition and fees charged by the State maritime academy for the student to sail on a training cruise on a training ship owned by the Maritime Administration.
added
“(b) Payments—Payments under this section shall be as prescribed by the Secretary but shall not exceed the cost charged by the State maritime academy for the student to obtain the minimum number of sea days needed on board a training ship owned by the Maritime Administration to obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation.
added
“(c) Agreement requirements—An agreement under this section shall require the student to—
added
“(1) complete the course of instruction at the academy the individual is attending within 6 years of enrollment;
added
“(2) obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
added
“(3) for at least 6 years after graduation from the academy, maintain—
added
“(A) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
added
“(B) a valid transportation worker identification credential; and
added
“(C) a Coast Guard medical certificate;
added
“(4) apply for, and accept, if tendered a position commensurate with the obtained merchant mariner credential for 3 years after graduation from the academy or, if the individual has a student incentive program agreement under section 51509 one year in addition to the obligation required under section 51509(d)(5)—
added
“(A) as a merchant marine officer on a vessel operated by the United States Government or by a State;
added
“(B) as a merchant marine officer on a United States documented vessel;
added
“(C) as an employee in a United States maritime-related industry, profession, or marine science, as determined by the Secretary;
added
“(D) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration; or
added
“(E) by a combination of service alternatives referred to in subparagraphs (A) through (D) of this subsection; and
added
“(5) report to the State maritime academy of graduation, or to the Secretary if directed, on compliance with paragraphs (1) through (4) of this subsection.
added
“(d) State maritime academy reporting
added
“(1) In general—A State maritime academy that received payments on behalf of an individual under this section must provide the Maritime Administrator with information that demonstrates that compliance with subsection (c)(4) by that individual.
added
“(2) Report—If a State maritime academy is unable to obtain information that demonstrates compliance with subsection (c)(4), the State maritime academy shall report to the Maritime Administrator that the individual is not in compliance with subsection (c)(4).
added
“(3) Frequency—The frequency of the State maritime academy reporting period under paragraph (2) shall not exceed 365 days.
added
“(4) Limitation—A State maritime academy may retain not more than 3 percent of the annual funding provided by the Secretary under this section for administrative expenses incurred in complying with this subsection.
added
“(e) Failure to complete agreement requirements—If the individual is unable or unwilling to meet the agreement requirements under subsection (c), the Secretary of Transportation may recover from the individual the amount of payments in subsection (b), plus interest and attorney fees. The Secretary may reduce the amount to be recovered to reflect partial performance of obligations and other factors the Secretary determines merit a reduction.
added
“(f) Actions to recover cost—To aid in the recovery of funds provided by the Government under a commitment agreement under this section, the Secretary of Transportation may—
added
“(1) request the Attorney General to bring a civil action against the individual; and
added
“(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.
added
“(g) Modification or waiver—The Secretary may waive any of the terms and conditions set forth in subsection (c) or modify such terms and conditions through the imposition of alternative service requirements.
added
“(h) Eligibility for additional payments—An individual who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the individual has fulfilled the obligated three years of service under subsection (c)(4).
added
“(i) Funding availability—Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51512, and 51708, as determined by the Secretary.”
Sec. 3567
Modification of cargo preference three-year eligibility rule
added
added
Section 55305(b) of title 46, United States Code, is amended by striking “after January 1, 2030,”.
Sec. 3568
Cargo preference enforcement
added
(a)
added
In general— Section 55305 of title 46, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “Minimum tonnage.—When the United States Government” and inserting “Requirement to use U.S.-Flag vessels.—When a United States department or agency”; and
(B)
added
by striking “the appropriate agencies shall take steps necessary” and all that follows through the end of the subsection and inserting “the department or agency must ensure that all equipment, materials, or commodities that may be transported on ocean vessels, except when required for the timely transportation of cargoes under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), is transported on privately-owned commercial vessels of the United States.”;
(2)
added
by striking subsection (d) and inserting the following:
added
“(d) Waivers
added
“(1) The requirements under this section may be waived as provided for in this subsection.
added
“(2) The President, the Secretary of War, or the Secretary of State may waive this section temporarily by—
added
“(A) declaring the existence of an emergency justifying a waiver; and
added
“(B) notifying the appropriate agencies of the waiver; or
added
“(3) Upon the request of a U.S. Government department or agency filed at least 10 days prior to transportation of equipment, materials, and commodities subject to this section, the Secretary of Transportation may waive the requirements in subsection (a), for all or part of the transportation, if the Secretary determines there are no privately-owned commercial vessels of the United States—
added
“(A) responsive to the solicitation by vessel type;
added
“(B) available at fair and reasonable rates for commercial vessels of the United States; or
added
“(C) otherwise available.
added
“(4) For waiver requests filed pursuant to paragraph (3), the Secretary of Transportation shall not be obligated to issue a waiver sooner than 10 days prior to transportation.
added
“(5) The Secretary of Transportation shall notify the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of—
added
“(A) any waiver request made pursuant to paragraph (3) not later than 72 hours after receiving such a request; and
added
“(B) the issuance of any such waiver not later than 72 hours after issuing the waiver.
added
“(6) Waivers issued pursuant to paragraph (3) shall be published on the Department of Transportation website within 5 business days.
added
“(7) The Secretary of Transportation, in consultation with the Secretary of State, is authorized to promulgate regulations defining “fair and reasonable rates for commercial vessels of the United States as cost based” for purposes of the determinations established in paragraph (3). The goal of such regulations shall be to provide clarity and reduce procedural friction in the waiver process by establishing an objective standard based on vessel cost, to the maximum extent possible, in relevant and accessible market and cost data.”
(3)
added
in subsection (e)—
(A)
added
in the subsection heading by striking “Programs of other agencies” and inserting “Department and agency requirements”;
(B)
added
by striking paragraph (1) and inserting the following:
added
“(1) Each Federal Government department or agency that transports equipment, commodities, or materials shall—
added
“(A) include provisions in each Federal solicitation, application, agreement, or procurement contract requiring each contract applicant or offeror to acknowledge that ocean transportation contracted under the agreement or procurement contract must comply with this section and related regulations issued by the Secretary of Transportation;
added
“(B) submit to the Secretary agreements, procurements, or other contracts at least 45 days before ocean carriage, along with corresponding plans for complying with this section that describe—
added
“(i) all cargoes, both known and anticipated, with specificity;
added
“(ii) the proposed ports of loading and discharge and expected dates of ocean carriage;
added
“(iii) all parties involved in the ocean transportation of the cargoes, including brokers and freight forwarders; and
added
“(iv) any other relevant information required by the Secretary of Transportation;
added
“(C) provide the Maritime Administration with the Automated Commercial Environment Internal Transaction Number that corresponds with each ocean bill of lading number for each ocean shipment of cargo under contract, including those transported on foreign-flag vessels—
added
“(i) within 20 working days after the date of loading for shipments originating in the United States;
added
“(ii) within 30 working days after the date of loading for shipments originating outside of the United States; or
added
“(iii) in instances for which an Automated Commercial Environment Internal Transaction Number is not available, a legible, complete copy of a rated on-board ocean bill of lading in English, within times specified in clauses (i) or (ii);
added
“(D) exercise contractual rights and remedies against contractors who fail to comply with contractual provisions requiring the use of U.S.-flag vessels, as determined by the Secretary of Transportation, including by—
added
“(i) equitably adjusting the contract price downward by an amount equal to the difference in the cost of a foreign-flag vessel used in violation of the contract and the estimated cost of using a U.S.-flag vessel to carry the same cargo;
added
“(ii) determining that a contractor is ineligible for an award of such a contract; or
added
“(iii) terminating such a contract or suspension or debarment of the contractor for such a contract; and
added
“(E) retain records collected pursuant to this section for 5 years after each shipment is completed.”
(C)
added
in paragraph (2)—
(i)
added
by striking subparagraphs (A) and (B);
(ii)
added
by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively;
(iii)
added
by inserting before subparagraph (E), as so redesignated, the following:
added
“(A) has sole authority for determining compliance by a department, agency, or individual with this section;
added
“(B) may provide guidance on whether a department or agency is operating in compliance with the requirements of this section;
added
“(C) shall review every shipment and compliance plan subject to the requirements of this section;
added
“(D) shall annually submit to the Committee on Transportation and Infrastructure and Committee on Armed Forces of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on department and agency compliance with this section, including submission of compliance plans;”
(iv)
added
in subparagraph (F), as so redesignated, by striking “may take other measures as appropriate under” and inserting “shall notify agencies of violations so that other measures may be taken as appropriate under subsection (e)(1)(D) of this section or”.
(b)
added
Effective date— The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
Sec. 3569
United States vessel preference requirement
added
(a)
added
In general— Part D of subtitle V of title 46, United States Code, is amended by inserting after subchapter III the following new subchapter:
added
“IV United States Vessel Preference
added
“55351. Definitions
added
“In this subchapter:
added
“(1) Allied country—The term “allied country” means a country or group of countries designated by the Secretary of Defense, in consultation with the Secretary of Transportation and the Secretary of State, as an ally of the United States for purposes of this subchapter.
added
“(2) Beneficial cargo owner—The term “beneficial cargo owner” means an entity that retains the power to influence the routing of the cargo or owns the merchandise being transported at the time of shipment.
added
“(3) Country of concern—The term “country of concern” means a country identified pursuant to section 4651(7) of title 15, United States Code.
added
“(4) Covered cargo—The term “covered cargo” means inbound containerized cargo and roll-on/roll-off vehicles imported into the United States in the foreign commerce of the United States that are subject to entry, manifest reporting, or other customs documentation requirements under title 19, United States Code, as further specified by the Commission by regulation. The term does not include exports, bulk cargo, breakbulk cargo, or cargo excluded by regulation consistent with this subchapter.
added
“(5) Industrial readiness certification—The term “industrial readiness certification” means a certification made by the Maritime Administrator after evaluating shipyard capacity, mariner availability, and commercial feasibility for purposes of phased implementation. "(6) Maritime Special Security Agreement; M-SSA.—The term “Maritime Special Security Agreement” or “M-SSA” means an agreement established under section 55353.
added
“(6) Qualifying united states vessel—The term “qualifying United States vessel” means a vessel documented under chapter 121 of title 46 and meeting requirements under section 55352 and not a U.S. warship, auxiliary vessel, or under time or bare-boat charter by the United States.
added
“(7) Trade lane—The term “trade lane” means a geographic shipping corridor designated by the Secretary of Transportation.
added
“(8) Compliance year—The term “compliance year” means a calendar year for which participation targets apply under section 55352, as determined under section 55354(j).
added
“(9) Covered movement—The term “covered movement” means the transportation by water of covered cargo to the United States within a designated trade lane subject to participation targets under section 55352, as determined by the Commission under section 55354 using existing customs and shipping documentation.
added
“(10) Covered shipper—The term “covered shipper” means, with respect to a covered movement, the beneficial cargo owner, importer of record to which entity-level participation targets apply under section 55352(a)(2), or provider of third-party logistics services for cargo shipments, as determined by the Commission under section 55354 using existing customs and shipping documentation. The term does not include an ocean common carrier or an ocean transportation intermediary solely by virtue of providing ocean transportation or arranging ocean transportation.
added
“(11) Affiliated covered shipper group—The term “affiliated covered shipper group” means 2 or more covered shippers that are treated as a single compliance unit because they are under common control, are alter egos, are successors, or act in concert with respect to routing, contracting, or payment for ocean transportation of covered cargo, as determined under section 55354.
added
“(12) Control—The term “control” means, with respect to an entity, direct or indirect possession of the power to direct or cause the direction of management and policies of such entity (whether through ownership of voting securities, by contract, or otherwise), and shall be presumed where an entity directly or indirectly owns 50 percent or more of the equity or voting interests.
added
“(13) Unique entity identifier—The term “unique entity identifier” means an Employer Identification Number (EIN) or such other persistent identifier as the Commission shall specify by regulation for foreign persons, including an identifier used in customs entry, manifest, or service contract documentation.
added
“(14) Ultimate parent entity—The term “ultimate parent entity” means the highest-level entity that controls a covered shipper, and that is not controlled by another entity.
added
“(15) Commission—The term “Commission” means the Federal Maritime Commission.
added
“(16) Ocean common carrier—The term “ocean common carrier” has the meaning given that term at section 40102(18) of this title.
added
“(17) Ocean transportation intermediary—The term “ocean transportation intermediary” has the meaning given that term at section 40102(20) of this title.
added
“(18) Service contract—The term “service contract” means service contracts as set forth at section 40102(21) of this title.
added
“(19) Civil penalty—A “civil penalty” is a civil penalty under sections 41107 and 41109 of this title.
added
“55352. Establishment of the United States vessel preference requirement
added
“(a) Establishment
added
“(1) In general—The Secretary of Transportation shall establish a United States vessel cargo participation requirement applicable to the carriage of covered cargo within designated trade lanes.
added
“(2) Application—Participation targets established under this section shall apply as entity-level participation requirements to each beneficial cargo owner or importer of record operating within a designated trade lane and shall be aggregated across the affiliated covered shipper group (if any) of such entity, as determined under section 55354.
added
“(3) Participation targets—Participation targets—
added
“(A) may be established on a trade-lane-specific and commodity-specific basis, including the inclusion or exclusion of particular commodity categories, provided that aggregate participation meets or exceeds the minimum phase-based floors established under subsection (b); and
added
“(B) shall be implemented on a trade-lane-specific and, where appropriate, commodity-specific basis and shall be designed to expand participation of qualifying United States vessels in a commercially feasible, capacity-aware, and phased manner.
added
“(4) Rule of construction—Nothing in this section shall be construed to establish a uniform nationwide cargo quota or to require identical participation targets across all trade lanes or commodity categories.
added
“(b) Phased implementation—Participation targets established under this section shall be implemented through sequential phases designed to expand United States-flag participation in a commercially feasible and capacity-aware manner, as provided for in this section.
added
“(1) Phase I—initial market entry
added
“(A) Not later than 180 days following enactment of this section, the Secretary shall establish an initial participation target of not less than 3 percent of covered cargo overall on an annual basis within designated trade lanes be carried on qualifying United States vessels, unless a lower percentage is certified as necessary due to vessel or mariner availability.
added
“(B) Participation targets established during this phase shall—
added
“(i) be in effect for a period of no less than four years upon the first day of establishment;
added
“(ii) Be used to incentivize and facilitate re-flagging, new service entry, and contract restructuring to emphasize voluntary transition into the U.S.—flag fleet.
added
“(iii) be treated as a pilot period for purposes of evaluating commercial feasibility, workforce impacts, and industrial readiness; and
added
“(iv) be prioritized along trade lanes, as described in subsection (c), where qualifying United States vessels are already operating or can be deployed with minimal disruption to existing logistics structures.
added
“(2) Phase II—capacity expansion—For the four years following Phase I, the Secretary shall—
added
“(A) increase participation targets incrementally based on fleet availability, workforce capacity, and industrial readiness as determined annually by the Maritime Administrator; and
added
“(B) increase participation targets by not less than 1.5 percent annually unless the Maritime Administrator makes a determination that the United States fleet or mariner workforce cannot sustain a growth rate at that level; and
added
“(C) establish participation targets that prioritize the use of vessels built in the United States over foreign-built vessels that have reflagged into the U.S. fleet.
added
“(3) Phase III—adaptive scaling—Following Phase II—
added
“(A) the Secretary—
added
“(i) shall review participation targets not less than every three years; and "(ii) may establish revised participation targets reflecting demonstrated fleet growth, shipyard output, and mariner supply.
added
“(B) participation targets—
added
“(i) may require that a percentage of covered cargo be carried only on vessels built in the United States; and
added
“(ii) may be trade-lane specific but vary by commodity classification; and
added
“(C) participation target growth shall be—
added
“(i) not less than 2 percent overall on an annual basis; and
added
“(ii) 1 percent for United States built ships unless a determination is made by the Administrator that the United States fleet or mariner workforce cannot sustain a growth rate at that level.
added
“(4) Annual review and certification—Not less than once each year, the Maritime Administrator shall make a determination as to whether vessel capacity, mariner availability, and commercial feasibility support continuation or adjustment of participation targets.
added
“(A) The Maritime Administration shall provide to Congress annually a report on the targets for the succeeding fiscal year showing the growth in reflagged United States flag ships, growth in United States built ships, and the status of the overall United States flag fleet in international trade.
added
“(B) The Secretary may temporarily pause or modify scheduled increases upon certification of material capacity constraints.
added
“(5) Rule of construction—Nothing in this subsection shall be construed to establish a uniform nationwide cargo quota or to require identical targets across trade lanes or commodity categories.
added
“(c) Prioritization of trade lanes and commodities
added
“(1) In general—In selecting trade lanes and commodity groupings for phased implementation under this section, the Secretary of Transportation, in concurrence with the Secretary of State, and in consultation with the Secretary of the Treasury, Secretary of Commerce, United States Trade Representative, Chairperson of the Federal Maritime Commission, and Secretary of Homeland Security, shall give priority to trade lanes and commodities that have a direct bearing on national security, supply chain resilience, or United States economic competitiveness.
added
“(2) Priority considerations—Priority considerations may include critical minerals, energy systems, defense-related cargo, strategic manufacturing inputs, and other sectors determined to be essential to national preparedness or long-term industrial capacity.
added
“(3) Rule of construction—Nothing in this subsection shall be construed to require uniform application across all trade lanes or to limit the Secretary’s discretion to consider commercial feasibility, vessel availability, or workforce capacity.
added
“(d) Commercial feasibility—Trade lane targets under this section must be operationally achievable within existing commercial shipping practices and account for vessel availability, mariner supply, and contractual logistics structures.
added
“(e) United States content—For purposes of this subchapter, United States content shall be measured, at the vessel level, as a percentage of the total cost of construction, conversion, repair, and refurbishment of the vessel that is attributable to labor performed in the United States and materials produced in the United States, consistent with the standards articulated in chapter 83 of title 41, United States Code. The Secretary shall prescribe by regulation methods of calculation, eligible costs, and documentation standards for certification and audit.
added
“(f) Equivalency authority—The Maritime Administrator may grant equivalencies on a per country basis where domestic industrial capacity is insufficient.
added
“(g) Special rule for containerized commodity classification
added
“(1) Classification—For purposes of commodity-specific preference targets, containerized cargo shall be classified based on Customs and Border Protection-recognized shipment programs rather than the individual contents of a container.
added
“(2) Commodity categories defined—The Secretary may define commodity categories using—
added
“(A) Harmonized Tariff Schedule chapter ranges or groupings recognized by U.S. Customs and Border Protection;
added
“(B) beneficial cargo owner program declarations or certified logistics programs; or
added
“(C) service contract filings or vessel service designations maintained under applicable Federal Maritime Commission or customs reporting requirements.
added
“(3) Measuring compliance—Compliance shall be measured using existing customs documentation, including bills of lading, manifest filings, or service contract identifiers, and shall not require inspection or valuation of individual goods within containers.
added
“(4) Mixed merchandise—Where containers include mixed merchandise described as general cargo, the Secretary may treat such containers as part of a designated commodity program if tendered under a qualifying contract, Harmonized Tariff Schedule grouping, or certified cargo program.
added
“(5) Rule of construction—Nothing in this subsection shall be construed to require item level auditing of container contents beyond existing customs reporting requirements; nor shall it be construed to limit, restrict, or alter the authority of the U.S. Coast Guard or U.S. Customs and Border Protection to inspect containers and cargo for safety, security, or law enforcement purposes.
added
“(6) Reliance on existing systems—Commodity classifications and compliance determinations under this subsection shall rely exclusively on customs declarations, service contract filings, or other reporting systems already required under Federal law, and shall not create a separate cargo classification regime.
added
“(h) Requirement to protect and share information—The Secretary and the Chairman of the Federal Maritime Commission shall execute an agreement to establish a formal framework for the exchange of information necessary to implement this section that protects the privacy and confidentiality rights of private parties.
added
“(i) National security condition for qualification
added
“(1) In general—A vessel shall not be treated as a qualifying United States vessel for purposes of this subchapter if the vessel is owned, chartered, managed, or operated by or on behalf of an entity subject to foreign ownership, control, or influence, unless such entity is operating pursuant to an approved Maritime Special Security Agreement under section 55353.
added
“(2) No automatic requirement for domestic entities—Nothing in this subsection shall be construed to require a Maritime Special Security Agreement for an entity that the Maritime Administrator determines is not subject to foreign ownership, control, or influence.
added
“(3) Country of concern prohibition—No vessel controlled by a citizen of a country of concern may qualify under this subchapter if such citizen holds, directly or indirectly, a controlling interest or other disqualifying influence in the entity owning, chartering, managing, or operating the vessel, as determined under regulations issued pursuant to section 55353.
added
“(j) Qualifying United States vessel requirements
added
“(1) In general—A vessel is a qualifying United States vessel for purposes of this subchapter only if the vessel is documented under chapter 121 of this title and meets the requirements of this subsection, subsection (k), and section 55353 (as applicable).
added
“(2) Repaired or refurbished vessels—A U.S.-documented vessel that is repaired or refurbished may be treated as meeting the United States content thresholds under paragraph (3) if the Secretary determines that the cost of such repairs or refurbishments includes sufficient United States content under subsection (g), and if the vessel was originally built in an allied country.
added
“(3) United States content thresholds—A qualifying United States vessel shall meet the following minimum United States content thresholds:
added
“(A) For calendar years 2027 through 2030, an allied-built vessel may qualify if the vessel is inspected, certificated, and documented consistent with section 53102(e) of this title and related Coast Guard guidance (including Navigation and Vessel Inspection Circular No. 01-13, and any successor guidance) and is operated by an entity in compliance with section 55353.
added
“(B) For calendar years 2031 through 2034, at least 20 percent United States content.
added
“(C) For calendar years 2035 through 2038, at least 30 percent United States content.
added
“(D) For calendar years 2039 through 2042, at least 40 percent United States content.
added
“(E) Beginning in calendar year 2042, at least 51 percent United States content.
added
“(4) Qualification extension—Beginning in calendar year 2031, a vessel that first qualifies under this subchapter shall continue to be a qualifying United States vessel for not more than 20 years after the date the vessel is first documented under chapter 121 of this title, provided the vessel maintains at least 20 percent United States content throughout that period.
added
“(5) Alternate compliance program requirements—Requirements unique to the Alternate Compliance Program shall not apply to an allied-built vessel described in paragraph (3)(A) unless the Coast Guard determines such requirements are strictly necessary for safety or security; however, United States-unique requirements contained in the Alternate Compliance Program U.S. Supplement are otherwise waived for eligible vessels.
added
“(6) Coastwise trade—Nothing in this subchapter shall be construed to alter or supersede the requirements of chapter 551 of this title (the coastwise trade laws). Qualifying United States vessels under this subchapter are intended for foreign commerce under United States registry and are not granted coastwise trading privileges by this subchapter.
added
“(7) Expansion to meet national security needs—The President may expand the types of cargo subject to this subchapter if the President determines such expansion is necessary to meet the national security needs of the United States, provided that any cargo so added is afforded the same phased implementation and United States content requirements for qualifying vessels specified in this section.
added
“(k) Rule of construction—Nothing in this section shall be construed to—
added
“(1) impose a uniform nationwide cargo quota or to require preference targets to apply across all trade lanes or cargo categories;
added
“(2) waive or modify vessel documentation, inspection, certification, safety, security, or vessel-to-facility interface requirements administered by the Coast Guard or the Department of Labor;
added
“(3) deem any person or entity a citizen of the United States for purposes of this title, including chapter 121, except for the limited deeming described in subsection (j); or
added
“(4) limit any other national security review authority of the United States.
added
“55353. Maritime special security agreement framework
added
“(a) Establishment—Not later than 180 days after the date of enactment of this subchapter, the Secretary of Transportation in consultation with the Secretary of Defense and the Secretary of Homeland Security (including the Commandant of the Coast Guard), shall establish by regulation a Maritime Special Security Agreement framework (in this section referred to as an ‘M-SSA’), modeled on foreign-ownership, control, or influence mitigation agreements used in national-security sectors, to permit allied and other foreign capital investment while ensuring United States operational control and protection of security-sensitive information.
added
“(b) Purpose; parties; covered entities
added
“(1) Purpose—An M-SSA is a written agreement intended to mitigate foreign ownership, control, or influence and to ensure that management and operational control over qualifying United States vessel operations under this subchapter remain vested in United States citizens, consistent with national security requirements.
added
“(2) Parties—An M-SSA shall be executed between the Maritime Administrator and a vessel owner, vessel operator, or other entity that seeks to own, charter, manage, or operate a qualifying United States vessel under this subchapter (in this section referred to as a “covered entity”).
added
“(3) Scope of application—An M-SSA shall apply only to the covered entity and the qualifying United States vessels and related operations identified in the agreement.
added
“(c) Eligibility; prohibited capital—The Maritime Administrator may approve an M-SSA only if—
added
“(1) the covered entity certifies that no citizen from a country of concern holds, directly or indirectly, a controlling interest or other disqualifying influence, as determined under regulations issued pursuant to subsection (j);
added
“(2) the covered entity agrees to comply with the governance, operational-control, information-security, reporting, and audit requirements of this section; and
added
“(3) the Maritime Administrator has consulted with the Secretary of Defense and the Secretary of Homeland Security regarding any national security conditions that should be incorporated into the M-SSA.
added
“(d) Core requirements—A covered entity operating under an M-SSA shall—
added
“(1) maintain a principal executive responsible for qualifying United States vessel operations who is a citizen of the United States;
added
“(2) ensure that qualifying United States vessel operations under this subchapter remain subject to governance and operational-control arrangements vested in citizens of the United States, as specified in the M-SSA;
added
“(3) establish a security committee or comparable governance mechanism composed solely of citizens of the United States to oversee security-sensitive decisions identified in the M-SSA;
added
“(4) implement information firewalls restricting foreign access to sensitive operational, logistics, and defense-related data, consistent with subsection (f); and
added
“(5) designate one or more compliance officers responsible for administration of the MSSA who are citizens of the United States and eligible for any security clearances determined appropriate by the Secretary of Defense for purposes of the M-SSA.
added
“(e) Security committee or equivalent governance mechanism
added
“(1) Composition—The security committee or equivalent governance mechanism required under subsection (d)(3) shall consist solely of citizens of the United States.
added
“(2) Authorities—The security committee or equivalent governance mechanism shall exercise such approval, oversight, or veto authorities over security-sensitive decisions as are specified by regulation and in the applicable M-SSA, including with respect to—
added
“(A) access to and dissemination of security-sensitive operational, cargo, routing, or defense-related information;
added
“(B) changes in key personnel positions identified in the M-SSA;
added
“(C) changes in ownership, governance, financing, chartering, or other arrangements that could increase foreign ownership, control, or influence; and
added
“(D) such other matters as the Maritime Administrator determines necessary to mitigate national security risk, in consultation with the Secretary of Defense and the Secretary of Homeland Security.
added
“(3) Governance instruments—The covered entity shall adopt bylaws, delegations of authority, internal controls, and other governance instruments sufficient to give effect to the authorities required under this subsection.
added
“(f) Information firewall; recordkeeping
added
“(1) Firewall—Each covered entity operating under an M-SSA shall maintain policies, technical controls, and procedures that prevent unauthorized foreign access to security-sensitive operational and defense-related information, including through remote access or third-party service providers.
added
“(2) Records—The covered entity shall maintain such books, records, and technical logs as the Maritime Administrator determines necessary to verify compliance, including records sufficient to support audits under subsection (h).
added
“(g) Notice of change; prior approval—A covered entity operating under an M-SSA shall provide advance notice to the Maritime Administrator of any material change in ownership, governance, debt covenants, chartering arrangements, or other relationships that could reasonably increase foreign ownership, control, or influence, and shall obtain approval or amended M-SSA terms prior to implementing such change, as provided by regulation.
added
“(h) Oversight
added
“(1) In general—The Maritime Administrator, in coordination with the Secretary of Defense and the Secretary of Homeland Security, shall approve, audit, and monitor covered entities operating under an M-SSA at least annually.
added
“(2) Coast guard and department of labor coordination—In conducting oversight under paragraph (1), the Maritime Administrator shall coordinate with the Commandant of the Coast Guard on matters implicating vessel documentation, inspection, certification, safety, security, crewing, or credentialing requirements administered by the Coast Guard and the Department of Labor on matters implicating safety requirements administered by the Department of Labor.
added
“(i) Breach of terms; remedies
added
“(1) Suspension or revocation—Breach of M-SSA terms, or material misrepresentation in an application for or performance under an M-SSA, shall be grounds for suspension or revocation of—
added
“(A) M-SSA approval; and
added
“(B) the eligibility of any vessel operated by the covered entity to qualify under section 55352.
added
“(2) Interim measures—Pending a final determination, the Maritime Administrator may impose interim mitigation measures, including enhanced reporting, restricted information access, or temporary management controls.
added
“(j) Deeming provision; limited scope—For the limited purpose of administering this subchapter and any Federal cargo-preference program that expressly incorporates this deeming provision, an entity operating under an approved M-SSA shall be deemed United States-controlled regardless of capital origin, provided such capital is not from a country of concern. Nothing in this subsection shall be construed to confer coastwise trading privileges or to alter any requirement under chapter 551 of this title or any other law governing coastwise trade.
added
“(k) Regulations—The Secretary of Transportation shall promulgate regulations to carry out this section, including—
added
“(1) definitions of “control”, “disqualifying influence”, and "security-sensitive decisions;
added
“(2) minimum required authorities and procedures for the security committee or equivalent governance mechanism required under subsection (e);
added
“(3) audit standards, reporting requirements, and confidentiality protections for sensitive security information; and
added
“(4) procedures for expedited review where necessary to support timely implementation of section 55352(l)(3)(A).
added
“(l) Rule of construction—Nothing in this section shall be construed to—
added
“(1) waive or modify vessel documentation, inspection, certification, safety, or security requirements administered by the Coast Guard or the Department of Labor;
added
“(2) deem any person or entity a citizen of the United States for purposes of this title, including chapter 121, except for the limited deeming described in subsection (j); or
added
“(3) limit any other national security review authority of the United States.
added
“55354. Enforcement and compliance
added
“(a) Administration by Federal Maritime Commission
added
“(1) In general—The Federal Maritime Commission shall administer and enforce this subchapter, including participation targets and any penalties for non-participation established under this subchapter.
added
“(2) Regulations—Not later than 1 year after the date of enactment of this subchapter, the Commission shall prescribe implementing regulations pursuant to section 46105. Such regulations and final orders under this section shall be treated as issued pursuant to section 46105 for purposes of chapter 158 of title 28.
added
“(3) Preservation of vessel qualification determinations—The Secretary of Transportation, in consultation with the U.S Trade Representative and Secretary of Commerce, shall retain authority to determine whether a vessel is a qualifying United States vessel (including any determinations involving a Maritime Special Security Agreement or similar mitigation arrangement). The Commission shall accept such determinations as conclusive for purposes of this subchapter. Such determinations shall be made in accordance with sections 55351, 55352, and 55353.
added
“(b) Shipper-level compliance duty
added
“(1) Requirement—Each covered shipper, and each affiliated covered shipper group, shall ensure that its covered movements satisfy the applicable participation targets under this subchapter for each compliance year, as determined by the Commission. The Commission may determine, by regulation or order, to exempt low volume shippers from the requirements of this section if the Commission finds that such exemption will not result in a substantial impact on participation targets.
added
“(2) No liability for qualifying u.s. vessel movements—A covered movement transported on a qualifying United States vessel shall be treated as compliant and shall not give rise to a non-participation assessment.
added
“(3) Measurement and aggregation—Compliance shall be measured using existing customs documentation systems and shall be aggregated across each affiliated covered shipper group.
added
“(c) Annual certification; disclosure
added
“(1) Certification—Not later than a date set by regulation (not later than 120 days after the close of each compliance year), each covered shipper shall file with the Commission an annual certification, in such form as the Commission shall prescribe, including—
added
“(A) the unique entity identifier of the covered shipper;
added
“(B) the identity and unique entity identifier of the ultimate parent entity;
added
“(C) a list of affiliated entities sufficient to identify the affiliated covered shipper group;
added
“(D) an attestation by a responsible corporate officer, under penalty of perjury, regarding completeness and accuracy; and
added
“(E) such shipment-level or aggregated data elements as are necessary to verify compliance using existing customs and shipping documentation.
added
“(2) Updates—The Commission may require prompt updates upon changes in ultimate parent entity or control.
added
“(3) Confidentiality—Information submitted under this subsection shall be protected as commercial or financial information to the extent permitted by law. The Commission may publish only aggregated, non-confidential compliance statistics.
added
“(d) Verification; interagency coordination
added
“(1) Customs integration—The Commission shall verify compliance using existing customs documentation, including vessel manifest and cargo declaration information and entry data, without creating a new cargo classification regime.
added
“(2) Coordination—Not later than 180 days after enactment, the Commission shall enter into memoranda of understanding, as appropriate, with U.S. Customs and Border Protection, the Department of Transportation, the Department of Homeland Security, and the Department of the Treasury to support data access, verification, and collection.
added
“(3) Audit; records—The Commission may audit covered shippers and affiliated covered shipper groups for purposes of this section and may require retention and production of records sufficient to substantiate certifications.
added
“(e) Penalties for non-participation
added
“(1) Imposition—If the Commission determines, after notice and opportunity for hearing, that a covered shipper or affiliated covered shipper group failed to satisfy applicable participation targets for a compliance year, the Commission shall impose civil penalties equal to not less than 10 percent of the value of the shipper or shipper group’s incoming cargo to the United States in the period of non-compliance.
added
“(2) No credit for non-compliance—Payment of an assessment under this subsection shall not satisfy, offset, or reduce any participation target applicable in a subsequent compliance year.
added
“(3) Nature of assessment—An assessment under this subsection is a civil monetary assessment and is in addition to any other civil penalty, customs duty, tax, fee, or remedy available under this subchapter or any other provision of law.
added
“(4) Exclusion of compliant movements—Covered movements transported on qualifying United States vessels shall not be included in calculating an assessment under this subsection.
added
“(5) Delinquency; release of cargo—After a final order finding repeated delinquency or evasion, the Commission may require, as a condition of release of additional covered cargo of the covered shipper or affiliated covered shipper group, the posting of payment security in a form acceptable to the Commission and the Secretary of the Treasury, including a surety bond, letter of credit, or cash deposit.
added
“(6) Escalation—The Commission may impose additional penalties for repeated nonparticipation, evasion, or delinquency, including increased civil monetary penalties, shortened cure periods, and payment-security requirements under subsection (g).
added
“(7) Regulations—The Commission shall prescribe regulations governing calculation, notice, collection, and mitigation of assessments under this subsection, but may not reduce the statutory minimum percentages established in paragraph (1).
added
“(f) Waiver of adjustment—The Secretary of Transportation may recommend waivers or reductions of assessments where compliance will materially disrupt critical supply chains during an ongoing national emergency as declared by the President.
added
“(g) Civil penalties; false statements
added
“(1) In general—A person that violates this subchapter or a regulation or order of the Commission under this subchapter, including failure to file a certification, filing of a materially false certification, concealment of covered movements, willful misrepresentation, or evasion, is liable to the United States Government for a civil penalty not to exceed— "(A) $100,000 for each violation; and
added
“(B) $250,000 for each violation that is willfully and knowingly committed.
added
“(2) Continuing violations—Each day of a continuing violation after written notice from the Commission shall constitute a separate violation.
added
“(3) Separate offenses—Each false material statement, each material omission, each failure to certify, each concealed covered movement, each use of a successor or affiliate to evade this subchapter, and each failure to comply with a payment-security requirement may constitute a separate violation.
added
“(4) Procedures—The Commission shall provide notice and opportunity for hearing prior to issuance of a final order assessing a penalty or assessment. The Commission may seek injunctive relief under section 41307 of this title in connection with an investigation of alleged violations of this subchapter or a regulation or order of the Commission.
added
“(5) Customs penalties preserved—Nothing in this section shall be construed to limit the authority of United States Customs and Border Protection to take action under title 19 against any person that makes or causes to be made a materially false statement, act, or omission in customs-related documentation to evade or defeat this subchapter, including under section 1592 of title 19.
added
“(6) Seizure and forfeiture—Covered cargo introduced into the commerce of the United States through a material false statement, act, or omission to evade or defeat this subchapter is subject to seizure and forfeiture under applicable customs laws.
added
“(h) Anti-evasion; attribution; successor and alter-ego; payment security
added
“(1) Aggregation Across Affiliates—The Commission shall attribute covered movements and aggregate compliance across affiliated covered shipper groups, including common-control affiliates and persons acting in concert in routing, contracting, or payment.
added
“(2) Attribution rules—The Commission shall by regulation prescribe rules to attribute covered movements using existing customs and shipping documentation, including service contract, bill of lading, and manifest/entry data elements, to the covered shipper and affiliated covered shipper group most directly benefiting from, directing, or controlling such movements.
added
“(3) Rebuttable presumptions—The Commission shall establish rebuttable presumptions that—
added
“(A) movements are attributable to the entity identified as the account party/cargo owner in customs and shipping documentation;
added
“(B) movements of a newly formed or thinly capitalized entity with substantially common ownership, management, address, or logistics operations with a covered shipper are attributable to the affiliated covered shipper group;
added
“(C) a person that materially reorganizes after notice of investigation acts to evade unless proven otherwise by clear and convincing evidence; and
added
“(D) a covered movement routed through an intermediate foreign port or third country shall not be excluded from a designated trade lane solely by virtue of such intermediate routing, and may be attributed and treated as occurring within the designated trade lane based on the shipment’s underlying origin, consignee, and account-party information in existing customs and shipping documentation, as specified by regulation.
added
“(4) Successor; alter-ego—The Commission may treat a person as a successor or alter ego of another person for purposes of liability for assessments, penalties, and payment security where there is substantial continuity of ownership, management, operations, assets, or purpose, or where the transaction or formation had a principal purpose of evasion. Liability may be joint and several within an affiliated covered shipper group.
added
“(5) Payment Security For Repeat Evasion Or Delinquency—After a final order finding repeated evasion or delinquency, the Commission may require a covered shipper or affiliated covered shipper group to post and maintain reasonable payment security (including surety bond, letter of credit, or cash deposit) to secure future assessments and penalties for a period not to exceed 2 years, renewable upon a new finding after notice and opportunity for hearing. This paragraph shall not be construed to establish a general licensing regime.
added
“(6) No Avoidance By Restructuring—The Commission may disregard any corporate form, transfer, conversion, assignment, spin-off, merger, dissolution, reincorporation, change in importer of record, change in beneficial cargo owner designation, change in service contract party, or other restructuring the principal purpose or material effect of which is to avoid compliance with, attribution under, or liability arising under this subchapter.
added
“(7) Joint and several liability of controlling persons—Where the Commission finds that a predecessor, successor, affiliate, beneficial owner, ultimate parent entity, or controlling person participated in, directed, benefited from, or knowingly facilitated conduct described in paragraph (6), the Commission may impose joint and several liability on such person for assessments, penalties, interest, and payment-security obligations under this subchapter.
added
“(8) Control At Less Than Majority Ownership—For purposes of this subsection, the Commission may find control notwithstanding section 55351(13) at any ownership level, or through contractual, financial, operational, family, agency, or other relationships, where the facts demonstrate the power to direct routing, contracting, payment, or corporate conduct relating to covered movements.
added
“(i) Limited carrier liability; cooperation
added
“(1) No carrier compliance duty—An ocean common carrier or ocean transportation intermediary, including a non-vessel-operating common carrier, shall not be responsible for a covered shipper’s participation targets or assessments solely by transporting or arranging the transportation of covered cargo.
added
“(2) Recordkeeping and production—Ocean common carriers and ocean transportation intermediaries shall, as specified by regulation, retain and produce records reasonably necessary to support verification; failure to maintain or produce records, or knowing submission of false records, may be penalized under subsection (f).
added
“(j) Transition; effective date
added
“(1) Initial compliance year—The first compliance year shall begin on the first January 1 that occurs not less than 1 year after the date the Commission issues final regulations under subsection (a)(2), unless otherwise specified by statute.
added
“(2) Safe harbor—For the first compliance year only, the Commission shall provide a good-faith safe harbor for covered shippers that timely file complete certifications and enter into commercially reasonable arrangements to meet targets, as defined by regulation.”
(b)
added
Interagency steering body— The Secretary, in consultation with the Secretary of Treasury, Secretary of State, Secretary of Defense, Secretary of Commerce, Secretary of Labor, United States Trade Representative, and Chairman of the Federal Maritime Commission, conduct periodic reviews to evaluate fleet growth, workforce capacity, industrial impacts, and compliance effectiveness.
(c)
added
Domestic repair utilization—
(1)
added
Findings— Congress finds the following:
(A)
added
The United States ship repair sector constitutes a distinct and strategically critical component of the maritime industrial base and shall not be treated as merely an extension of ship construction.
(B)
added
Domestic repair capacity supports routine operational readiness of United States naval forces, sustains commercial fleet availability during peacetime operations, and will be essential to maintaining maritime logistics and sealift capability during periods of contingency, mobilization, prolonged contested logistics operations, or contested operations.
(C)
added
Strengthening the ship repair sector represents the most immediate and scalable means of restoring industrial depth because it leverages the existing fleet and workforce rather than future vessel construction pipelines.
(2)
added
Domestic repair utilization— Chapter 531 of title 46, United States Code, is amended by adding at the end the following new section 53112:
added
“53112. Domestic repair utilization
added
“(a) Domestic maintenance and repair requirement
added
“(1) In general—Beginning not later than 3 years after enactment of this section, Qualified United States Vessels subject to an operating agreement under this chapter must have a percentage of maintenance and repair, as determined by cost, on the vessel conducted in United States shipyards, subject to a determination by the Maritime Administrator of sufficient shipyard capacity.
added
“(2) Maintenance and repair targets—The Secretary of Transportation shall establish a target of not less than 10 percent of total maintenance and repair expenditures to be performed in United States shipyards, increasing annually by not less than 5 percent, unless the Maritime Administrator determines that available yard capacity, scheduling constraints, or operational readiness considerations warrant adjustment.
added
“(3) Implementation—In implementing this section, the Secretary shall ensure that—
added
“(A) requirements remain subject to verified shipyard capacity, workforce availability, and operational schedules;
added
“(B) enhanced domestic repair utilization strengthens workforce continuity, preserves critical maintenance skills, and improves surge sustainment capability supporting national defense; and
added
“(C) implementation relies on existing contracting structures and avoids creation of duplicative regulatory regimes.
added
“(4) Rule of construction—Nothing in this section shall be construed to interfere with the normal flow of commerce or disrupt commercially necessary maintenance cycles.
added
“(5) Cost offsets—To offset commercially reasonable cost differentials associated with increased domestic repair activity, the Secretary may—
added
“(A) subject to the availability of appropriations, adjust stipend amounts paid under vessel operating agreements; and
added
“(B) with the concurrence of the Secretary of Defense, allow surcharges to be placed on certain contracts.
added
“(6) Waivers—The Secretary of Transportation may grant waivers or temporary deviations if—
added
“(A) compliance is not commercially feasible;
added
“(B) compliance would materially disrupt logistics operations; or "(C) domestic yard capacity is unavailable.”
(d)
added
Maritime workforce development—
(1)
added
Maritime Workforce National Center of Expertise— The Secretary of Transportation, in coordination with the Commandant of the Coast Guard and the Secretaries of Labor, Homeland Security, and Defense, shall establish a “Maritime Workforce National Center of Expertise” (the “Center”). The Center shall serve as a national repository of best practices and provide training, technical assistance, and curriculum development support to maritime academies, trade schools, unions, and other training providers.
(2)
added
Functions of center— The Center shall develop model curricula for mariner and shipbuilding training, expand simulator training capacity, support the development and expansion of registered apprenticeship programs (RAPS) in shipbuilding occupations and pre-apprenticeship programs that lead to such RAPs, and disseminate proven practices to universities, career and technical schools, and high schools nationwide. The Center shall make recommendations to the Secretaries of Transportation and Labor, and through the Secretaries to Congress, on expanding United States mariner training programs and shipbuilding workforce development.
(3)
added
Mariner training finance plan— Not later than 180 days after the date of enactment of this Act, the Secretary of Labor and the Secretary of Transportation shall jointly develop plans to maximize the use of federal workforce development and education funds, including Pell, Workforce Pell, JobCorps, WIOA Adult, WIOA Dislocated Worker, and WIOA Youth, Apprenticeship, YouthBuild, and Reentry Employment Opportunities.
(4)
added
Review of credentialing requirements— The Commandant of the Coast Guard, in consultation with industry representatives, labor unions, and maritime training institutions, shall review merchant mariner credentialing and training requirements and submit to Congress recommendations to streamline and accelerate training approval and credential issuance, while maintaining safety standards.
(5)
added
International training partnerships— The Secretary of State shall prioritize shipbuilding and mariner training in the Department of State’s educational and cultural exchange programs, in order to strengthen the United States maritime workforce and share best practices with allied nations.
(6)
added
Consultation— In carrying out this subsection, the Secretary shall consult with maritime labor organizations, industry, State maritime academies, and other training providers.
(7)
added
Rule of construction— Nothing in this subsection shall be construed to alter the authorities of the Coast Guard with respect to credentialing, safety, or enforcement.
(e)
added
General rules of construction—
(1)
added
No Effect on Coastwise Trade Laws— Nothing in this section or the amendments made by this section shall be construed to alter, amend, waive, or supersede chapter 551 of title 46, United States Code, or any other law governing coastwise trade.
(2)
added
Preservation of other authorities— Nothing in this section or the amendments made by this section shall be construed to limit any authority otherwise available under law to the Federal Maritime Commission, the Department of Transportation, the Maritime Administration, the Coast Guard, the Department of Homeland Security, U.S. Customs and Border Protection, the Department of the Treasury, or the Department of Justice.
(3)
added
No private right of action— Nothing in this section or the amendments made by this section shall be construed to create a private right of action.
(4)
added
Severability— If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this section, the amendments made by this section, and the application of such provisions and amendments to any other person or circumstance shall not be affected thereby.
added
This title may be cited as the “Shipbuilding and Harbor Infrastructure for Prosperity and Security for America Act of 2026” or the “SHIPS for America Act of 2026”.
(a)
removed
In general— Not later than March 1, 2026, the Secretary of Transportation, in consultation with the Secretary of Commerce, the Chair of the Federal Maritime Commission, and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report including ways to ensure vessels of the United States operating in foreign commerce are privileged in regulation, taxation, fees, insurance, and policy compared to foreign vessels conducting trade with a United States domiciled entity, while remaining consistent with the international obligations of the United States.
(b)
removed
Contents— In submitting the report under subsection (a), the Secretary of Transportation shall include options for regulating trade with foreign vessels in order to sustain and grow the Maritime Security Fleet under chapter 531 of title 56, United States Code, the Cable Security Fleet under chapter 532 of such title, the Tanker Security Fleet under chapter 534 of such title, and other vessels of the United States operating in foreign commerce.
added
Congress finds the following:
(a)
removed
Test— Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Transportation Command, in coordination with the Secretary of the Navy and the Maritime Administrator, shall devise a tabletop exercise to test the effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title, in case of crisis or war.
(1)
changed
Briefing— After completion Strategic sealift, made up of the tabletop exercise under subsection (a), Government and commercial vessels and mariners, is a critical capability for executing the Commander shall submit to maritime defense strategy and the appropriate committees wartime and peacetime economy of Congress a briefing on the results of such tabletop exercise.United States.
(2)
changed
Annual testing— Beginning not later than 1 year after Ensuring a modern and ready capability will require significant investment, policy prioritization, and the briefing is submitted under subsection (b), innovation of the Commander shall—people of the United States.
(3)
added
The worldwide ocean economy is worth between $3,000,000,000,000 and $6,000,000,000,000, according to the United Nations Conference on Trade and Development. Yet, vessels of the United States carry less than 2 percent of United States international commercial cargoes by weight.
(4)
added
The United States has fewer than 200 oceangoing vessels of the United States, of which only approximately 80 vessels participate in international commerce, compared with more than 5,500 Chinese documented vessels.
(5)
added
Bracketed by the Atlantic, Pacific, and Arctic oceans, the prosperity and security of the United States has always been tied to its position as a maritime Nation. Throughout human history, the strength of maritime nations has been directly tied to the strength of their maritime industry. The United States won two world wars on the back of a strong maritime industry.
(6)
added
Decades of apathy by the United States Government has harmed our strategically important maritime industry. Our weakened shipbuilding capacity, undersized maritime workforce, and shrinking fleet of shipping vessels means the United States relies on other nations to conduct international commerce and lacks the strategic sealift to support the United States military during wartime.
(7)
added
Today, there are just 20 shipbuilders in the United States capable of building oceangoing vessels—down from more than 80 at the end of the Second World War.
(8)
added
During World War II, the United States Merchant Marine powered the Allies to victory with more than 10,000 oceangoing vessels of the United States. Today there are just 80 vessels of the United States engaged in international trade.
(9)
added
The People’s Republic of China has made investments in the maritime industry a strategic priority over the past 20 years.
(10)
added
As of 2023, shipyards in the United States had fewer than 5 shipbuilding orders for oceangoing vessels, while shipyards in the People’s Republic of China had more than 1,700 orders, according to BRS Group. According to the Office of Naval Intelligence, the People’s Republic of China became the world’s top shipbuilding and shipping nation, boasting 230 times more shipbuilding capacity than the United States.
(11)
added
With just 12,000 United States merchant mariners operating oceangoing vessels, the United States may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict.
(12)
added
The American Civil Society of Engineers assesses that the United States has a national maintenance backlog amounting to $125,000,000,000 for bridges, $163,000,000,000 for ports, and $6,800,000,000 for inland waterways.
(13)
added
The maritime industry is inherently international. Eighty percent of United States goods are imported by sea, of which 98 percent come into the United States on foreign documented vessels. Only 2 percent of such goods come into the United States on vessels of the United States, leaving the United States economy disproportionately dependent on oceangoing trade controlled by often adversarial foreign nations. The Nation’s ability to provide services in both international and interstate commerce is critical to national and economic defense.
(14)
added
Since November 2023, vessels engaged in international commerce have been threatened by the Houthis, which has threatened global supply chains, increased costs, and required naval force protection operations in the Red Sea through the United States-led Operation Prosperity Guardian that formed in December 2023.
(15)
added
A fleet of commercial shipping vessels of the United States, crewed with citizen mariners, that is competitive in domestic and international trade enhances the United States military’s readiness, allows the United States to more strategically compete with China, and underwrites the security and survival of the United States in times of crisis and war.
(1)
removed
carry out tabletop drills to test effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title; and
(2)
removed
provide to the appropriate committees of Congress a briefing after each such drill on the results of such drill.
Sec. 3603
Sense of Congress
added
It is the sense of Congress that the United States must—
(1)
removed
In general— The Secretary of the Navy, in coordination with the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating, shall—
(A)
removed
conduct an assessment of best practices used in the construction and repair of commercial, oceangoing maritime vessels; and
(i)
removed
opportunities for the Navy and Coast Guard to leverage those best practices to make ship construction and repair efforts of combatant and non-combatant vessels more efficient; and
(ii)
removed
advanced technologies that can be leveraged to improve the overall readiness and dominance of the United States maritime fleet (both commercial and military), to specifically include small modular reactors for ship power and propulsion.
(2)
removed
Elements— The assessment required by paragraph (1) shall include the following:
(A)
removed
An evaluation of the best practices described in subparagraph (A) of such paragraph, including best practices used by commercial shipyards in foreign allied countries, consideration of commercial design standards, and the vessel construction manager model used to construct the National Security Multi Mission Vessel Program, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(B)
removed
An identification of commercial-grade components and capabilities being used in state-of-the-art commercial, oceangoing maritime vessels and an assessment of whether the Navy and Coast Guard could better use commercial off-the-shelf components or capabilities to reduce costs, improve efficiencies, or enhance capabilities in the construction of new naval vessels and cutters, and in repair of naval vessels and cutters.
(C)
removed
A determination as to whether shipbuilding and acquisition programs of the Navy and Coast Guard use modern best practices from the commercial maritime industry in terms of contracting, ship design, construction, overhaul, and maintenance.
(D)
removed
An identification of technologies and procedures that are used in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the efficiency of designing and constructing new naval vessels.
(E)
removed
An identification of technologies and procedures that are used in commercial shipbuilding and repair that, if used by the Navy and Coast Guard, would improve the efficiency of repairing naval vessels.
(F)
removed
An identification of opportunities to improve commonality in ship design, ship components, and shipbuilding procedures between commercial, oceangoing maritime vessels, naval vessels, and cutters that could lead to improved efficiencies and a more resilient industrial base to support shipbuilding and repair for military and civil maritime vessels.
(G)
removed
An identification of advanced nuclear technologies that are under development for use in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the operational capability of naval vessels and cutters.
(H)
removed
An identification of the barriers preventing or making prohibitive the use of small modular reactors in naval or commercial, oceangoing maritime vessels, including—
(i)
removed
ambiguity in regulations governing nuclear propulsion restricting the commercial maritime industry from utilizing nuclear propulsion or collaborating between United States and foreign entities under export controls requirements, including section 744.5 of title 15, Code of Federal Regulations (or a similar successor regulation); and
(ii)
removed
a lack of clarity in the meaning of maritime (civil) nuclear propulsion plant projects contained in the Export Administration Regulations and Naval Nuclear Propulsion contained in the International Traffic in Arms Regulations (Cat VI).
(I)
removed
An evaluation of education and technology development best practices used by commercial shipyards in foreign allied countries, and an identification of education and technology development opportunities, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(J)
removed
An evaluation of whether adoption of the best practices evaluated under subparagraph (A) for the construction and repair of naval vessels and cutters would support the domestic commercial maritime shipbuilding industry, the commercial maritime industrial base, and the merchant marine of the United States.
(1)
changed
Briefing— Not later than 180 days after the date of the enactment create a more favorable domestic and global maritime environment for vessels of this Act, the Secretary of United States engaged in international commerce, shipbuilding, ship repair, maritime logistics, the Navy shall provide maritime workforce, and naval power, contributing to assured access to the congressional defense committees a briefing on—world’s oceans free from coercion from strategic competitors and asymmetric adversaries;
(1)
removed
the results of the assessment required by subsection (a); and
(2)
removed
a plan to execute any measures pursuant to such assessment.
(2)
changed
Strategy Required— Not later than 1 year after the date of the enactment of this Act, increase domestic shipbuilding and biennially thereafter, ship repair capacity, with programs and policies that enable the Secretary growth of the Navy United States shipyards and Secretary of the Department in which maritime industrial base, enhance military sealift capacity, expand the Coast Guard is operating shall—United States maritime workforce, and enhance national security;
(3)
added
revitalize the international fleet of vessels of the United States and foster a comparative advantage for the United States through targeted incentives and regulatory reforms to make the fleet competitive with international carriers and to gain a sustainable share of the global maritime market in order to bolster supply chains, strengthen economic security, and lower prices, while protecting the United States economy from economic coercion;
(4)
added
take all measures necessary to ensure that sufficient military, civil, and commercial resources will be available with assured access to meet defense deployment needs and essential economic activities for our Nation in times of crisis, war, or peace;
(5)
added
recognize that a vibrant commercial shipbuilding industry provides supply chain resiliencies and creates economies of scale that improve military, Coast Guard, and Government shipbuilding and support military operations through strategic sealift to defend the freedom of the seas;
(6)
added
nurture the comparative advantages of the United States to innovate to better compete in the global maritime marketplace, grow the maritime workforce, and create a favorable environment for investments to build modern maritime facilities and world-class academic institutions;
(7)
added
ensure better coordination between Federal agencies, including the Maritime Administration, the United States Coast Guard, the Department of Defense, the Federal Maritime Commission, and all other Federal agencies with a maritime nexus, to protect, regulate, and support the United States maritime industry, resolve disputes, and implement a whole-of-Government national maritime strategy;
(8)
added
recognize that, while a strong Navy is the surest guarantee of peace, building the Navy, sustaining the Navy, and supplying the Navy is founded on a robust commercial industrial base;
(9)
added
establish reliable long-term demand signals for, and investments in, oceangoing commercial vessels that are built in the United States, documented under the laws of the United States, and crewed by United States mariners;
(10)
added
evaluate past and present maritime efforts to take actions to revitalize the United States maritime industry;
(11)
added
strengthen the United States intercoastal and domestic trade fleet, which is the foundation upon which a revitalized United States-documented shipping and domestic shipbuilding industry will be built;
(12)
added
recognize the important role that the support craft, passenger, and fishing vessel fleet play in the United States maritime industry;
(13)
added
encourage the shipping of commercial cargo on vessels of the United States, with the aim of growing the size and carrying capacity of the international fleet of vessels of the United States;
(14)
added
grow the shipping capacity of vessels of the United States and guarantee United States Government cargo during peacetime;
(15)
added
develop a whole-of-Government effort to expand, develop, and protect the maritime workforce;
(16)
added
recognize the need for more workers in the maritime sector and stimulate growth in the United States maritime and shipbuilding industries, including by increasing access to early maritime education, commissioning national marketing campaigns to demonstrate how United States shipbuilding, United States-documented shipping, and maritime workers are critical to national security, and implementing workforce accelerator programs;
(17)
added
remove barriers to training mariners, including reevaluating Coast Guard training requirements regarding faculty credentials, instructional facility designs, sea time requirements, and other identified barriers, consistent with international treaty obligations;
(18)
added
expand and nurture a robust mariner workforce that enhances the national security and strategic sealift readiness of the United States by increasing the number of United States mariners and improving existing pathways and establishing new pathways for new, current, and former merchant mariners to go to sea;
(19)
added
recognize that the United States Merchant Marine Academy and our State maritime academies are critical to training the next generation of licensed officers and engineers on vessels of the United States;
(20)
added
invest and innovate in domestic shipbuilding, ship repair, and the shipping capabilities and capacity of vessels of the United States to advance the power and influence of the maritime industry of the United States;
(21)
added
drive multi-stakeholder research, development, assessment, and deployment of emerging marine technologies and best practices related to the maritime transportation system to ensure United States leadership in next-generation shipbuilding, ship repair, and maritime logistics;
(22)
added
drive modern business and manufacturing approaches, such as innovative maritime logistics, clean fuels, and advanced nuclear energy, human-machine teaming, additive manufacturing, and other advanced technologies;
(23)
added
review and update regulations governing vessel design and engineering, vessel and facility operation, and merchant mariner credentialing, in order to revitalize the United States maritime industry;
(24)
added
seek mutually beneficial relationships with treaty allies and strategic partners to grow the domestic shipping and shipbuilding industries of the United States and to share the burden of providing freedom of navigation on the high seas, while de-risking the United States maritime domain from the People’s Republic of China, foreign countries of concern, and asymmetric or emerging maritime threats;
(25)
added
harden critical maritime infrastructure and networks, and incrementally replace infrastructure built by foreign adversaries with domestic-built and allied-built infrastructure; and
(26)
added
promote the values of the United States for freedom of the seas, worker safety and quality of life, environmental stewardship, and the resilience of our oceans, seas, and inland waterways.
(1)
removed
provide to the appropriate committees of Congress strategies describing how measures identified as a result of the assessment required by subsection (a) will be incorporated into shipbuilding programs for the Navy and Coast Guard; and
(2)
removed
publish a public version of the strategies.
added
In this title:
(1)
added
The term appropriate committees of Congress means—
(a)
removed
Authority To offer increased paid leave accrual— The Secretary of the Navy is authorized to offer government merchant mariners employed by Military Sealift Command paid leave accrual at a faster rate than provided pursuant to the standard General Schedule (GS) system to make government seafaring jobs more competitive with the commercial sector.
(b)
removed
Report on recruiting and retention efforts—
(A)
changed
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Navy, in coordination with the Commander of the Military Sealift Command and the Maritime Security Board, and in consultation with the Commander of United States Transportation Command, Committee on Armed Services, the Commander of United States Fleet Forces Command, Committee on Commerce, Science, and the Assistant Secretary of the Navy for Research, Development Transportation, and Acquisition, shall submit to the appropriate committees of Congress a report Committee on efforts to improve recruitment and retention Appropriations of Military Sealift Command Mariners.the Senate; and
(B)
changed
Elements— The report required under paragraph (1) shall consider—the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
(A)
removed
opportunities to enhance the integration of Military Sealift Command civilian mariners into the military command structure;
(B)
removed
providing training on the roles and significance of Military Sealift Command civilian mariner workforce to relevant military commands; and
(C)
removed
authorities required to improve recruitment and retention of civilian mariners in Military Sealift Command.
(2)
changed
Report on extending charter durations— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the appropriate committees of Congress a report assessing the merits of extending The term domestic commerce means the maximum charter durations transportation of commercial and specialty vessels for goods or passengers between places in the Military Sealift Command.United States.
(3)
added
The term foreign commerce means—
(A)
added
commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B)
added
commerce or trade between foreign countries.
(4)
added
The term foreign country of concern means—
(A)
added
a country that is a covered nation (as defined in section 4872(d) of title 10, United States Code); and
(B)
added
any country that the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.
(5)
added
The term foreign entity—
(i)
added
a government of a foreign country or a foreign political party, as those terms are defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611);
(ii)
added
a natural person who is not a lawful permanent resident of the United States, a citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3))); or
(iii)
added
a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and
(i)
added
any person (including an owner or operator of a vessel) owned by, controlled by, or subject to the direction of an entity listed in subparagraph (A);
(ii)
added
any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);
(iii)
added
any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by an entity listed in subparagraph (A);
(iv)
added
any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);
(v)
added
any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);
(vi)
added
any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or
(vii)
added
any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).
(6)
added
The term foreign entity of concern means any foreign entity that is—
(A)
added
designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(B)
added
included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;
(C)
added
owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country of concern;
(D)
added
alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
(i)
added
chapter 37 of title 18, United States Code (commonly known as the “Espionage Act”) (18 U.S.C. 792 et seq.);
(ii)
added
section 951 or 1030 of title 18, United States Code;
(iii)
added
chapter 90 of title 18, United States Code (commonly known as the “Economic Espionage Act of 1996”);
(iv)
added
the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v)
added
section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(vi)
added
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or
(vii)
added
the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(E)
added
designated by the Federal Maritime Commission as a controlled carrier under chapter 407 of title 46, United States Code;
(F)
added
found by the Federal Maritime Commission to be practicing unfavorable conditions in foreign trade under chapter 421 or 423 of title 46, United States Code; or
(G)
added
determined by the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
(7)
added
The term vessel of the United States has the meaning given that term in section 116 of title 46, United States Code.
Sec. 3605
Assessment on maritime infrastructure readiness
removed
(a)
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit to the appropriate congressional committees a report on the status and resources and authorities needed to execute and complete necessary vessels, harborcraft, port, shipyard, and other infrastructure improvements to ensure the national security interests of the United States and support the domestic and foreign commerce of the United States.
(b)
removed
Contents— The report under subsection (a) shall include—
(1)
removed
consideration of existing literature and reporting from Federal and non-Federal sources;
(2)
removed
an assessment of the number of commercial shipping vessels by class required to sustain a peace-time and wartime national economy;
(3)
removed
an assessment of opportunities to leverage private sector funding to enhance the capability of marine infrastructure of the United States;
(4)
removed
an evaluation of future infrastructure needs to support alternative fuels for vessels and harborcraft;
(5)
removed
an assessment of an ability to construct and repair seaports and shipyards during national security emergencies, including readiness to construct temporary facilities, and carry out marine salvage and firefighting operations; and
(6)
removed
an evaluation of the possible effects on the commercial operations of United States ports and other critical infrastructure of prohibiting any entity that owns or operates a port or terminal in the United States from using or sharing data with—
(B)
removed
any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or
(C)
removed
any logistics platform that shares data with a system described in subparagraph (A) or (B).
(1)
removed
The term appropriate congressional committees means—
(A)
removed
the Committee on Armed Services and the Committee on Commerce of the Senate; and
(B)
removed
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
(2)
removed
The term critical infrastructure has the meaning given the term in section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)).
(3)
removed
The term LOGINK means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People’s Republic of China.
Sec. 3606
United States Merchant Marine Academy infrastructure and facilities modernization
removed
removed
Congress finds the following:
(1)
removed
The United States Merchant Marine Academy plays a critical role in training service-obligated licensed merchant mariners to operate commercial vessels, in peacetime and during times of conflict.
(2)
removed
The United States Merchant Marine Academy is 1 of the 5 Federal service academies and plays a critical role in maintaining a domestic, commercial maritime industry, with each graduate having a commitment to serve not less than 8 years in the foreign and domestic commerce and the national defense of the United States, which may include service on a merchant vessel documented under chapter 121 of title 46, and graduates make up more than 80 percent of the United States Navy’s Strategic Sealift Officer Program.
(3)
removed
The United States defense readiness and economic security relies on a strong investment in training and cultivating United States Merchant Marine officers at the United States Merchant Marine Academy.
(4)
removed
Most of the facilities at the United States Merchant Marine Academy date back to the Academy’s founding, have not been modernized since, and are not conducive to the immersive training and demanding coursework today’s Midshipmen are required to complete.
(5)
removed
Rehabilitating and modernizing the campus infrastructure at the United States Merchant Marine Academy is necessary to ensuring current and future generations of Midshipmen receive a first-class education.
Sec. 3607
United States Merchant Marine Academy
removed
(a)
removed
Sense of Congress— It is the sense of Congress that—
(1)
removed
the United States Merchant Marine Academy, one of our Nation’s 5 Federal service academies, is vital to our national security, and modernizing the Academy's aging infrastructure and investing in faculty and students must be congressional priorities;
(2)
removed
sufficient funding must be provided to enable the maximum student enrollment that the campus infrastructure of the United States Merchant Marine Academy can support; and
(3)
removed
considering the Academy’s role as a co-equal military service academy, the United States Merchant Marine Academy should be included in the rotation of presidential attendance at graduations.
(b)
removed
Report on enrollment— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the appropriate committees of Congress identifying the additional resources needed to increase enrollment at the United States Merchant Marine Academy.
Sec. 3608
State maritime academies
removed
(a)
removed
In general— Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to Congress containing the results of a study to evaluate the additional resources needed to allow State maritime academies to increase enrollment and produce additional mariners.
(b)
removed
Need for additional State maritime academies— Such study shall consider whether there is a need for additional State maritime academies in States that do not operate a maritime academy.
Sec. 3609
Enforcement of service obligation requirements
removed
(a)
removed
In general— The Maritime Administrator shall ensure that—
(1)
removed
each citizen who is appointed as a cadet at the United States Merchant Marine Academy and signs a cadet commitment agreement under section 51306 of title 46, United States Code, meets the service obligation requirements of that agreement; and
(2)
removed
each individual that signs a student incentive payment agreement under section 51509 of title 46, United States Code, meets the service obligation requirements under that agreement.
(b)
removed
Reporting requirement— The Maritime Administrator shall establish an electronic system through which each individual with a service obligation under such section 51306 or 51509 (referred to in this section as a “service-obligated mariner”) shall annually demonstrate that they are meeting their service obligation or have a valid deferment consistent with section 51310 of title 46, United States Code, or section 51510 of title 46, United States Code, as applicable.
(c)
removed
Notification of violation— The Maritime Administrator shall transmit a written notice to each service-obligated mariner who fails to meet the reporting requirement of subsection (b), notifying such individual of the applicable penalties established under section 51306 of title 46, United States Code, or section 51509 of title 46, United States Code, for failure to carry out the applicable service requirements, including cost recovery.
(d)
removed
Report to Congress— Not later than 180 days after the date of enactment of this section, and annually thereafter, the Maritime Administrator shall submit to the appropriate committees of Congress a report on the status of all service-obligated mariners, which shall include—
(1)
removed
information about how each service-obligated mariner is meeting their service obligation requirement, which shall be based on the results of the data collected under subsection (b);
(2)
removed
the number of service-obligated mariners who have not met their service obligation and have not complied with the reporting requirement under subsection (b); and
(3)
removed
the number of actions taken by the Maritime Administrator under sections 51306(b), 51306(d), 51306(f), and 51509(g) to recover costs from service-obligated mariners who have not demonstrated that they have met their service obligation requirements.
Sec. 3610
State Maritime Academy Sea Term Scholarship Programs
removed
(a)
removed
In General— Chapter 515 of title 46, United States Code, is amended by adding at the end the following:
removed
“51512. State Maritime Academy Sea Term Scholarship Programs
removed
“(a) In general—The Maritime Administrator shall work with private entities in the maritime industry to establish a scholarship program—
removed
“(1) for students at State maritime academies to offset expenses associated with completion of a summer sea term to receive sea-time required to earn a Coast Guard license; and
removed
“(2) which is entirely or predominantly funded through contributions from a private entity.
removed
“(b) Contributed funds—The Maritime Administrator shall enter into a cooperative agreement, or other agreement, with private entities in the maritime industry to accept funding from private entities for the purpose of establishing such a scholarship program. The cooperative agreement may include any terms considered necessary by the Maritime Administrator.
removed
“(c) Privileges—The Maritime Administrator may provide certain privileges to a private entity who contributes funds for a scholarship program under this section, including opportunities to provide information about employment opportunities with the private entity to students enrolled in the scholarship program.
removed
“(d) Structure—In establishing a scholarship program to offset expenses associated with a summer sea term—
removed
“(1) the Maritime Administrator may enter into an agreement with a student at a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses associated with completion of a summer sea term; or
removed
“(2) the Maritime Administrator may enter into an agreement with a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses for all students who participate in a summer sea term program.
removed
“(e) Relationship to financial assistance programs—Recognizing the need for licensed merchant mariners, the Maritime Administrator shall encourage participants of the financial assistance programs under part C of this subtitle, to enter into agreements under this section to establish scholarship programs to offset expenses associated with summer sea term.
removed
“(f) Requirements for students—Any student who benefits from a scholarship program under this section shall enter into an agreement with the Maritime Administrator which requires the student to—
removed
“(1) complete the course of instruction at the academy the individual is attending;
removed
“(2) obtain a merchant mariner license, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
removed
“(3) serve in a position that supports the foreign and domestic commerce and the national defense of the United States for at least 1 year after graduation from the academy—
removed
“(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State; or
removed
“(B) as a commissioned officer on active duty in an Armed Force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Maritime Administrator; and
removed
“(4) report to the Maritime Administrator on compliance with this subsection.”
(b)
removed
Clerical amendment— The table of sections for chapter 515 of title 46, United States Code, is amended by adding at the end the following:
Sec. 3611
Maritime Security Advisor; Maritime Security Board
(a)
changed
Implementation plan required—Amendments— Not later than 60 days after the date Chapter 504 of the enactment part A of this Act, the Maritime Administrator and the Secretary subtitle V of the department in which the Coast Guard title 46, United States Code, is operating shall each submit to the appropriate committees of Congress and the Maritime Security Board a separate implementation plan for carrying out this title, and the amendments made by this title.amended—
(1)
added
by striking the chapter heading and inserting the following: “Oversight and Accountability”;
(2)
added
by redesignating section 50401 as section 50403; and
(3)
added
by inserting before section 50402, the following:
added
“50401. Maritime Security Advisor; Maritime Security Board
added
“(a) Maritime Security Advisor
added
“(1) In general—Not later than 60 days after the date of enactment of this section, the President shall appoint a Special Advisor to the President (to be known as the “Maritime Security Advisor”) for coordinating national maritime affairs and policy, including developing, updating, and implementing the National Maritime Strategy as required under section 50114 of this title.
added
“(2) Duties—The Maritime Security Advisor appointed under paragraph (1) shall serve as the Chair of the Maritime Security Board, shall be the principal advisor to the President on all issues related to the maritime industry, shipbuilding, and ship repair, and shall be responsible for developing, updating, and implementing the National Maritime Strategy under section 50114 of this title within and across the Federal Government.
added
“(3) Office of the Maritime Security Advisor
added
“(A) In General—There is established in the Executive Office of the President, an Office of the Maritime Security Advisor. The Maritime Security Advisor described in this subsection shall be the head of such Office.
added
“(B) Employees; contracts—In carrying out the functions under this section, the Maritime Security Advisor is authorized to—
added
“(i) appoint such officers and employees as the Maritime Security Advisor may deem necessary to perform the functions now or hereafter vested in the Maritime Security Advisor and to prescribe their duties; and
added
“(ii) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as the Maritime Security Advisor deems necessary to carry out the provisions of this section.
added
“(b) Maritime Security Board—Not later than 90 days after the date of enactment of this section, the President shall establish a board, to be known as the “Maritime Security Board” (in this section referred to as the “Board”).
added
“(1) Composition
added
“(A) In general—The Board shall be comprised of the following individuals and representatives:
added
“(i) The Maritime Security Advisor described in subsection (a).
added
“(ii) The Maritime Administrator.
added
“(iii) The Commandant of the Coast Guard.
added
“(iv) The Secretary of the Navy.
added
“(v) The Commander of the United States Transportation Command.
added
“(vi) The Chair of the Federal Maritime Commission.
added
“(vii) The Assistant Secretary of the Army for Civil Works.
added
“(viii) The chief United States delegate to the International Maritime Organization.
added
“(ix) The Under Secretary of Commerce for Oceans and Atmosphere.
added
“(x) The Commissioner for Customs and Border Protection.
added
“(xi) The Director of the Office of Management and Budget, or a designee.
added
“(xii) The Secretary of Transportation, or a designee.
added
“(xiii) The Secretary of Homeland Security, or a designee.
added
“(xiv) The Secretary of State, or a designee.
added
“(xv) The Secretary of Labor, or a designee.
added
“(xvi) The Secretary of Commerce, or a designee.
added
“(xvii) The Secretary of the Treasury, or a designee.
added
“(xviii) The Administrator of the Environmental Protection Agency, or a designee.
added
“(xix) From the Department of Defense—
added
“(I) the Secretary of Defense, or a designee;
added
“(II) The Commander of the Military Sealift Command;
added
“(III) The Commander of Naval Sea Systems Command;
added
“(IV) a representative of the Army, as appointed by the Secretary of Defense;
added
“(V) a representative of the Air Force, as appointed by the Secretary of Defense; and
added
“(VI) a representative of the Navy, as appointed by the Secretary of Defense.
added
“(B) Nonvoting members—The individuals and representatives listed in clauses (xi) through (xxi) shall be nonvoting members.
added
“(C) Chair—The Maritime Security Advisor shall serve as the Chair of the Board.
added
“(2) Duties—Consistent with the National Maritime Strategy under section 50114 of this title, the Board shall carry out the following duties:
added
“(A) Supporting the development of the marine transportation system of the United States, including—
added
“(i) assessing the adequacy of the marine transportation system (including ports, waterways, channels, and their intermodal connections);
added
“(ii) promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment; and
added
“(iii) coordinating, improving the coordination of, and making recommendations with regard to Federal policies that impact the marine transportation system.
added
“(B) Establishing policy priorities relating to, and conducting independent oversight over, the financial assistance programs under part C of subtitle V of this title, including—
added
“(i) not later than 1 year after the date of enactment of the SHIPS for America Act of 2026 and annually thereafter, establishing targets for the number, type, and requirements of vessels to be included in each of—
added
“(I) the Maritime Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command);
added
“(II) the Cable Security Fleet;
added
“(III) the Tanker Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command);
added
“(IV) the Strategic Commercial Fleet; and
added
“(V) the Shipbuilding Financial Incentives Program;
added
“(ii) submitting annual recommendations to the appropriate committees of Congress for any needed changes in the authorized number of vessels eligible to participate in the programs under part C of subtitle V of this title; and
added
“(iii) conducting oversight of the administration of such financial assistance programs to ensure such programs support the strategic sealift objectives and policy of the United States, as established in section 59101 of this title.
added
“(C) Supporting the Maritime Administrator in all efforts to conduct independent oversight of passenger and cargo preference requirements and supporting efforts to enable cargo to be carried on vessels of the United States, including—
added
“(i) conducting oversight and coordinating interagency efforts to comply with cargo preference requirements established under chapter 553 of this title and section 2631 of title 10;
added
“(ii) independently verifying that all Federal agencies follow the requirements for cargoes procured, furnished, or financed by the United States Government under section 55305 of this title, and notifying the appropriate committees of Congress of any identified violations of the requirements of such section;
added
“(iii) conducting outreach among nongovernmental stakeholders, including private industry, to encourage more cargo to be moved on vessels of the United States;
added
“(iv) developing recommendations for regulations to be issued by Federal agencies to preference the movement of cargo on vessels of the United States; and
added
“(v) submitting recommendations to the appropriate committees of Congress for changes to laws relating to passenger and cargo preferences for the purpose of establishing a more robust fleet of vessels of the United States.
added
“(D) Conducting independent oversight and developing guidance and recommendations related to the enforcement of the requirements of chapters 121 and 551 of this title.
added
“(E) Coordinating national efforts to develop a robust maritime workforce that enhances the national security and strategic sealift readiness of the United States, including—
added
“(i) coordinating and conducting oversight of interagency efforts and partnerships with the maritime industry and qualified labor organizations to recruit, train, and retain qualified licensed and unlicensed merchant mariners; and
added
“(ii) coordinating and conducting oversight of interagency efforts and partnerships with the shipbuilding industry to recruit, train, and retain qualified workers in the shipbuilding industry of the United States.
added
“(F) Establishing national priorities for research and development of next-generation technologies to enhance United States leadership in the shipbuilding and maritime industries, including through the Center for Maritime Innovation established under section 50307.
added
“(G) Coordinating efforts to protect vessels of the United States operating in international or domestic commerce from physical and cybersecurity threats.
added
“(H) Conducting oversight of the use of funds from the Maritime Security Trust Fund established under section 50301(b) of this title, and making recommendations to Congress for expenditures from the Trust Fund.
added
“(I) Conducting studies on subjects related to the maritime industry and international shipping, and undertaking other efforts related to strengthening the maritime security of the United States.
added
“(J) Carrying out other duties, as assigned by the President in consultation with the Maritime Security Advisor, related to the maritime industry, shipbuilding, ship repair, strategic sealift, and the marine transportation system of the United States.
added
“(3) Delegation—The Board may task agencies who are represented by individuals on the Board (as described under paragraph (1)(A)) to carry out any duties of the Board.
added
“(4) Meetings—The Board shall meet not less frequently than quarterly.
added
“(5) Staff—The Board may hire staff to support its activities.
added
“(c) Report to Congress
added
“(1) In General—Not later than 180 days after the President establishes the Maritime Security Board under this section, and annually thereafter, the Board shall submit a report to the appropriate committees of Congress describing—
added
“(A) the actions that the Board has taken to carry out the duties required of the Board under subsection (b)(2); and
added
“(B) a list of recommended actions that the Board recommends Congress take to enhance the strength of the United States maritime industry and support the economic and national security needs of the United States;.
added
“(2) Appropriate committees of Congress—In this section, the term appropriate committees of Congress means—
added
“(A) the Committees on Armed Services of the House of Representatives and the Senate;
added
“(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
added
“(C) the Committee on Commerce, Science, and Transportation of the Senate.”
(b)
changed
Elements—Clerical amendment— Each implementation plan required under subsection (a) shall include, The table of sections for each action required chapter 504 of the Maritime Administrator and the Secretary subtitle V of the department in which the Coast Guard title 46, United States Code, is operating (as applicable) in this title, including the amendments made by this title—amended to read as follows:
(1)
removed
an identification of all administrative restructuring requirements;
(2)
removed
an identification of each office or division within the Maritime Administration or Coast Guard principally responsible for each relevant section of this title;
(3)
removed
an identification of additional personnel needed to sufficiently implement this title, a hiring plan, and a training plan;
(4)
removed
an identification of any barrier (including any policy, law, or regulation) to implementation of any section of this title, and recommendations to address those barriers;
(5)
removed
a descriptive implementation timeline, taking into account the administrative needs of the Maritime Administration or the Coast Guard; and
(6)
removed
any additional components determined appropriate by the Maritime Administrator or such Secretary to ensure the success of implementation of this title.
(c)
changed
Briefing—National Maritime Strategy— Not later than 15 days after submitting each implementation plan required under subsection (a), the Maritime Administrator and the Secretary Section 50114 of the department in which the Coast Guard title 46, United States Code, is operating shall provide a briefing to the appropriate committees of Congress on the status of that implementation plan required under subsection (a).amended—
(1)
added
by striking subsection (a), and inserting the following:
added
“(a) In General
added
“(1) In General—Subject to paragraph (2), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall develop a National Maritime Strategy and submit that National Maritime Strategy to the appropriate committees of Congress (as that term is defined in section 3604 of the SHIPS for America Act of 2026).
added
“(2) Transition—Notwithstanding paragraph (1), if a national maritime strategy has been developed and submitted in accordance with this section, as in effect on the day before the date of enactment of the SHIPS for America Act of 2026, in the 1-year period before such date of enactment, the Maritime Security Advisor shall implement and update that national maritime strategy and shall not develop a new national maritime strategy.”
(2)
added
by striking subsections (c) and (d) and inserting the following:
added
“(c) Implementation—Upon the release of a strategy under this section, the Maritime Security Advisor, in consultation with the Maritime Security Board, shall be responsible for implementing the contents and recommendations of the strategy.
added
“(d) Update—The Maritime Security Advisor, in coordination with the Maritime Security Board, shall submit to the appropriate committees of Congress (as that term is defined in section 3604 of the SHIPS for America Act of 2026) an update to the strategy developed under subsection (a) not less often than every 5 years.
added
“(e) Public availability; implementation plan—Not later than 6 months after the submission of a strategy or update under subsection (a), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall make publicly available on an appropriate website each strategy or updated strategy and an implementation plan for such strategy or update.”
(d)
removed
Biannual update— Not less frequently than biannually following the submission of the plans under subsection (a) and for 2 years thereafter, the Maritime Administrator and the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of Congress separate reports containing any updates on the implementation of such plans.
(e)
removed
GAO review— The Comptroller General of the United States shall—
(1)
removed
not later than 2 years after the date of enactment of this Act, and biennially thereafter for 10 years, conduct a review of the activities carried out in accordance with this title, and the amendments made by this title; and
(2)
removed
submit to the appropriate committees of Congress the results of each review.
Sec. 3612
Maritime Transportation System National Advisory Committee
added
added
Section 50402 is amended—
(1)
added
in subsection (b), by striking “Secretary of Transportation” and inserting “Maritime Security Advisor and Maritime Security Board”; and
(2)
added
in subsection (c)—
(A)
added
in paragraph (1), by striking “by the Secretary of Transportation”;
(B)
added
by striking paragraph (3) and inserting the following:
added
“(3) Representation—Members of the Committee shall be appointed as follows:
added
“(A) The Maritime Security Advisor shall appoint the following members of the Committee:
added
“(i) At least one member to represent the Environmental Protection Agency.
added
“(ii) At least one member to represent the Department of Commerce.
added
“(iii) At least one member to represent the Corps of Engineers.
added
“(iv) At least one member to represent the Coast Guard.
added
“(v) At least one member to represent Customs and Border Protection.
added
“(vi) At least one member to represent the Maritime Administration.
added
“(vii) At least one member to represent the Department of Agriculture.
added
“(viii) At least one member to represent the State Department.
added
“(ix) At least one member to represent State and local governmental entities.
added
“(B) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including credentialed United States merchant mariners, port and water stakeholders, academia, and labor, of whom—
added
“(i) 3 shall be appointed by the majority leader of the Senate;
added
“(ii) 3 shall be appointed by the minority leader of the Senate;
added
“(iii) 3 shall be appointed by the Speaker of the House of Representatives; and
added
“(iv) 3 shall be appointed by the minority leader of the House of Representatives.
added
“(C) The Maritime Security Advisor may appoint additional members of the Committee, including additional representatives from the United States Merchant Marine Academy, State maritime academies, or other Federal agencies, as the Secretary considers appropriate.”
(C)
added
in paragraph (4), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(D)
added
by redesignating paragraph (4) as subparagraph (A) and adjusting the margins accordingly;
(E)
added
by inserting after paragraph (3) the following:
added
“(4) Restrictions on members”
(F)
added
at the end of paragraph (4), as so designated, by inserting the following:
added
“(B) Restrictions on additional members—Members appointed under this paragraph that are not representing Federal agencies—
added
“(i) shall remain on the Committee for a term of 3 years from the date that the member is appointed; and
added
“(ii) may not serve more than 2 consecutive terms.”
Sec. 3613
Direct hire authority; Authorization for administrative expenses
added
(a)
added
Maritime Administration direct hire authority—
(1)
added
In general— The Maritime Administrator may appoint, without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, candidates to positions in the competitive service within the Maritime Administration for which—
(A)
added
public notice has been given;
(B)
added
the Administrator has determined that a critical hiring need exists; and
(C)
added
the Administrator has consulted with the Director of the Office of Personnel Management regarding—
(i)
added
the positions for which the Administrator plans to recruit;
(ii)
added
the quantity of candidates the Administrator is seeking; and
(iii)
added
the assessment and selection policies the Administrator plans to utilize.
(2)
added
Definition of critical hiring need— In this subsection, the term critical hiring need means personnel necessary for the implementation of this title and associated work.
(b)
added
Coast Guard direct hire authority—
(1)
added
In general— The Secretary of the department in which the Coast Guard is operating may appoint, without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, candidates to positions in the competitive service within offices under the Assistant Commandant for Prevention Policy of the Coast Guard, for which—
(A)
added
public notice has been given;
(B)
added
the Secretary has determined that a critical hiring need exists; and
(C)
added
the Secretary has consulted with the Director of the Office of Personnel Management regarding—
(i)
added
the positions for which the Secretary plans to recruit;
(ii)
added
the quantity of candidates the Secretary is seeking; and
(iii)
added
the assessment and selection policies the Secretary plans to utilize.
(2)
added
Definition of critical hiring need— In this subsection, the term critical hiring need means personnel necessary for the implementation of this title and associated work.
(c)
added
Competitive service— In this section, the term competitive service has the meaning given the term in section 2102 of title 5, United States Code.
Sec. 3614
Federal Maritime Commission report on vessels of the United States
added
(a)
added
In general— The Federal Maritime Commission shall annually submit a report to the Maritime Security Board and the appropriate committees of Congress evaluating the competitiveness of vessels of the United States in foreign commerce. The Maritime Security Board shall utilize the findings of such report to inform the National Maritime Strategy under section 50114 of title 46, United States Code, and other activities of the Board.
(b)
added
Contents— The report shall include—
(1)
added
metrics concerning carriage of foreign commerce on vessels of the United States;
(2)
added
information about the price parity of carriage of foreign commerce on vessels of the United States versus foreign vessels (as defined in section 110 of title 46, United States Code) by market;
(3)
added
identification of markets of opportunity for the United States to compete in foreign commerce where rates are in relative parity to vessels of the United States;
(4)
added
markets in which United States interests paid above average rates for foreign commerce, including with foreign and domestic carriers; and
(5)
added
an assessment of the foreign vessel registries of peer competitor countries to determine—
(A)
added
the roles of the governments of peer competitor countries in their vessel registry processes, including policy practices that may provide a disadvantage to the United States;
(B)
added
the sizes of the fleets of foreign vessels registered with such countries, including how many of such foreign vessels are domestically built and how many are built in other countries; and
(C)
added
the price parity of vessels of the United States, as compared to foreign vessels registered with peer competitor countries that are operating in global markets identified as a priority by the Federal Maritime Commission.
Sec. 3621
Maritime Security Trust Fund established
added
added
Section 50301 of title 46, United States Code, is amended—
(1)
added
by striking the section heading and inserting “Funds established”;
(2)
added
in subsection (e)—
(A)
added
in paragraph (2), by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly;
(B)
added
by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly;
(C)
added
in subparagraph (A), as redesignated by subparagraph (B), by striking “paragraph (2)” and inserting “subparagraph (B)”;
(D)
added
in subparagraph (B), as redesignated by subparagraph (B), in the matter preceding clause (i), by striking “Paragraph (1)” and inserting “Subparagraph (A)”; and
(E)
added
in subparagraph (C), as redesignated by subparagraph (B), by striking “Paragraph (1)” and inserting “Subparagraph (A)”;
(3)
added
in subsection (f), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly;
(4)
added
by redesignating subsections (b) through (g) as paragraphs (2) through (7), respectively, and adjusting the margins accordingly;
(5)
added
in subsection (a), by striking “In General” and all that follows through “There is a” and inserting the following:
added
“(a) Vessel operations revolving fund
added
“(1) In general—There is a”
(6)
added
in paragraph (4), by striking “subsection (a)” and inserting “paragraph (1)”; and
(7)
added
by adding at the end the following:
added
“(b) Maritime security trust fund
added
“(1) In general—There is a “Maritime Security Trust Fund” for use in carrying out programs or activities associated with supporting the merchant marine of the United States and the maritime industrial base.
added
“(2) Total balance—The total amount in the Maritime Security Trust Fund at any time shall not exceed $20,000,000,000.
added
“(3) Expenditures—Amounts in the Maritime Security Trust Fund shall be authorized to be appropriated out of the Maritime Security Trust Fund as provided by in appropriations acts made after the date of enactment of this Act.”
Sec. 3631
Sealift capability
added
(a)
added
In general— Subtitle V of title 46, United States Code, is amended by adding at the end the following:
added
“H Strategic sealift
added
“59101. Objectives and policy
added
“(a) Objectives—It is necessary for the national defense and economic security of the United States that the United States have vessels of the United States capable of providing and supporting strategic sealift—
added
“(1) sufficient to meet surge defense deployment and essential economic activities for the United States in times of crisis or war;
added
“(2) sufficient to respond unilaterally to national security threats in geographic areas not covered by alliance commitments and ensure economic security resilience for United States trade; and
added
“(3) built, operated, and maintained during all times, primarily in the United States to protect and ensure national security resiliency and avoid foreign coercion of critical supply chains.
added
“(b) Policy—It is the policy of the United States to encourage and aid the development and maintenance of vessels of the United States with strategic sealift capabilities satisfying the objectives described in subsection (a).
added
“(c) Strategy required
added
“(1) In general—The Maritime Security Board shall annually develop a strategy to leverage the financial assistance programs established under part C of this subtitle to expand the number of vessels of the United States needed to accomplish the objectives described under subsection (a).
added
“(2) Strategy components—The strategy developed by the Maritime Security Board shall include—
added
“(A) annual goals for the number of vessels that will be brought into the fleet of vessels of the United States capable of providing strategic sealift utilizing the Maritime Security Fleet under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, the Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, and the Shipbuilding Financial Incentives program, consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command; and
added
“(B) an assessment of domestic shipbuilding capacity and a strategy to increase the capacity of the domestic shipbuilding industry utilizing the Shipbuilding Financial Incentives program.
added
“(3) National maritime strategy—The strategy developed by the Maritime Security Board under paragraph (1) shall be consistent with the National Maritime Strategy developed under section 50114.
added
“(d) Report required
added
“(1) In General—Upon completion, the Maritime Security Board shall transmit to the appropriate committees of Congress a summary of the strategy developed under subsection (c), with a classified annex as necessary.
added
“(2) Definition—In this part, the term appropriate committees of Congress has the meaning given that term in section 3604 of the SHIPS for America Act of 2026.
added
“59102. Procurement, maintenance, and operation
added
“(a) Statement of policy—The Maritime Administrator, in coordination with the Secretary of Defense and the Secretary of Homeland Security, shall build, acquire, maintain, coordinate, support, and operate a sufficient and privileged fleet of vessels of the United States with commercial and military sealift capability.
added
“(b) Supplemental capability—In developing sealift capability under this part, the Secretary of Transportation and the Secretary of Defense shall continue to support a sufficient Maritime Security Fleet under chapter 531 of this title, a Cable Security Fleet under chapter 532 of this title, a Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, a Military Sealift Command of the Department of the Navy, and a Ready Reserve Force component of the National Defense Reserve Fleet under section 57100 of this title, to provide capacity and resiliency for unilateral United States strategic sealift in peace, crisis, and war.
added
“(c) Judicial review—No court shall have jurisdiction to review decisions made by the Maritime Administrator, the Secretary of Defense, or the Secretary of Homeland Security with respect to this section.
added
“59103. Sealift prioritization
added
“(a) In general—In acquiring, maintaining, coordinating, and supporting a fleet of vessels capable of providing sealift capacity during wartime and crisis, the Maritime Administrator, in coordination with the Secretary of Defense, shall ensure the availability of vessels, in the following order of priority:
added
“(1) Commercial vessels of the United States.
added
“(2) Vessels of the United States that are owned and operated by the United States Government.
added
“(3) Vessels of countries that are defense treaty allies of the United States.
added
“(4) Vessels of countries that are strategic partners of the United States.
added
“(b) Judicial review—No court shall have jurisdiction to review decisions made by the Maritime Administrator or the Secretary of Defense with respect to this section.
added
“59104. Report on privilege
added
“(a) In general—Not later than March 1, 2027, the Secretary of Transportation, in coordination with the Secretary of Commerce, the Chair of the Federal Maritime Commission, and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report including ways to ensure vessels of the United States operating in foreign commerce are privileged in regulation, fees, insurance, and policy compared to foreign vessels conducting trade with a United States domiciled entity, while remaining consistent with the international obligations of the United States.
added
“(b) Contents—In submitting the report under subsection (a), the Secretary of Transportation shall include options for regulating trade with foreign vessels in order to sustain and grow the Maritime Security Fleet under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, the Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, and other vessels of the United States operating in foreign commerce.”
(b)
added
Clerical amendment— The table of chapters for subtitle V of title 46, United States Code, is amended by adding at the end the following:
Sec. 3632
National Freight Strategic Plan
added
added
Section 70102(b) of title 49, United States Code, is amended—
(1)
added
in paragraph (16), by striking “and” after the semicolon;
(2)
added
in paragraph (17), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following:
added
“(18) consideration of United States strategic sealift objectives and strategies established under section 59101 of title 46; and
added
“(19) consideration of maritime networks in multimodal freight corridors.”
Sec. 3633
Foreign shipping practices; controlled carriers
added
(a)
added
Foreign shipping practices— Section 42301(b) of title 46, United States Code, is amended—
(1)
added
in paragraph (2), by inserting “or passengers” after “transportation of cargo”; and
(2)
added
in paragraph (5), by inserting “or passengers” after “carriage of cargo”.
(b)
added
Controlled carriers— Chapter 407 of title 46, United States Code, is amended—
(1)
added
in section 40701—
(A)
added
in subsection (a)—
(i)
added
in paragraph (1), by striking “or” at the end;
(ii)
added
in paragraph (2), by striking the period at the end and inserting “; or”; and
(iii)
added
by adding at the end the following:
added
“(3) arrange or provide passenger transportation at a fare that is below a just and reasonable level.”
(B)
added
in subsection (b), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(C)
added
in subsection (c), by striking “rule, or regulation” and inserting “rule, regulation, or fare”; and
(D)
added
in subsection (d), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(2)
added
in section 40702(b)—
(A)
added
in the matter preceding paragraph (1), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(B)
added
in paragraph (1), by striking “rate or charge” and inserting “rate, charge, or fare”; and
(C)
added
in paragraph (2), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(3)
added
in section 40703, by striking “a rate, charge,” and inserting “a rate, fare, charge,”; and
(4)
added
in section 40704—
(A)
added
in subsection (a), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(B)
added
in subsection (b), by striking “rule, or regulation” and inserting “rule, regulation, or fare”;
(C)
added
in subsection (c), by striking “rule, or regulation” and inserting “rule, regulation, or fare” each place the term appears;
(D)
added
in subsection (d)—
(i)
added
in paragraph (1), by striking “rule, or regulation” and inserting “rule, regulation, or fare” each place the term appears; and
(ii)
added
in paragraph (2), by striking “rule, or regulation” and inserting “rule, regulation, or fare” each place the term appears; and
(E)
added
in subsection (e), by striking “rule, or regulation” and inserting “rule, regulation, or fare” each place the term appears.
Sec. 3641
Fleet testing and briefing requirement
added
(a)
added
Test— Not later than 180 days after the date of enactment of this Act, the Commander of the United States Transportation Command, in coordination with the Secretary of the Navy and the Maritime Administrator, shall devise a tabletop exercise to test the effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title, in case of crisis or war.
(b)
added
Briefing— After completion of the tabletop exercise under subsection (a), the Commander shall submit to the appropriate committees of Congress a briefing on the results of such tabletop exercise.
(c)
added
Annual testing— Beginning not later than 1 year after the briefing is submitted under subsection (b), the Commander shall—
(1)
added
carry out tabletop drills to test effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title; and
(2)
added
provide to the appropriate committees of Congress a briefing after each such drill on the results of such drill.
Sec. 3642
Assessment of undersea cable repair contingencies
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Maritime Administrator, the Federal Communications Commission, and other relevant Federal agencies, shall submit to the appropriate committees of Congress an assessment on the ability and preparedness of the USNS Zeus and the Cable Security Fleet under chapter 532 of title 46, United States Code, to repair transoceanic submarine fiber optic cables that may be damaged or cut by adversaries.
(b)
added
Contents— The assessment under subsection (a) shall include—
(1)
added
a description of preparedness to address a situation in which the cables of partner countries in both the Pacific and Atlantic Oceans are damaged or severed at or around the same time;
(2)
added
a determination as to how long it would take for the Cable Security Fleet, in coordination with partner countries, to repair such cables; and
(3)
added
the options available to provide connectivity in an emergency or crisis caused by, or related to, the damaging or severing of such cables.
Sec. 3643
Shipbuilding financial incentives
added
(a)
added
In general— Part C of subtitle V of title 46, United States Code, is amended by inserting after chapter 537 the following:
added
“538 Shipbuilding Financial Incentives
added
“(a) Establishment—The Maritime Administrator shall establish a program that, in accordance with the requirements of this section, provides Federal grant assistance to covered entities to—
added
“(1) aid in the construction of a vessel that shall be documented under the laws of the United States; or
added
“(2) incentivize a qualified shipyard investment.
added
“(b) Definitions—In this section:
added
“(1) Appropriate committees of congress—The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
added
“(2) Covered entity—The term “covered entity” means—
added
“(A) any proposed vessel purchaser who is a citizen of the United States; or
added
“(B) any shipyard of the United States with the ability, experience, financial resources, and other qualifications to construct or repair a military vessel or a vessel to be used in the foreign commerce of the United States.
added
“(3) Foreign commerce—The term “foreign commerce” means—
added
“(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
added
“(B) commerce or trade between foreign countries.
added
“(4) Foreign country of concern; foreign entity of concern—The terms “foreign country of concern” and “foreign entity of concern” have the meanings given such terms in section 3604 of the SHIPS for America Act of 2026.
added
“(5) Qualified shipyard investment—The term “qualified shipyard investment” means an investment to construct, modernize, or expand—
added
“(A) a shipyard of the United States that constructs or repairs civilian or military vessels; or
added
“(B) a manufacturing facility—
added
“(i) that is—
added
“(I) a component supplier;
added
“(II) a subcomponent supplier; or
added
“(III) a manufacturing equipment supplier;
added
“(ii) that is based in the United States; and
added
“(iii)
added
“(I) at which at least 50 percent of the products produced will be sold to shipyards of the United States or used to construct vessels of the United States; or
added
“(II) at which the investment will more than double the facility’s capacity to produce products to be sold to shipyards of the United Sates or used to construct vessels of the United States, as determined by the Administrator.
added
“(6) Shipyard of the united states—The term “shipyard of the United States” has the meaning given that term in section 505 of the Merchant Marine Act,1936 (46 U.S.C. 53101 note).
added
“(c) Procedure
added
“(1) Application—A covered entity applying for grant funding under this section shall submit an application to the Maritime Administrator.
added
“(2) Requirements—In order for a covered entity to qualify for a grant under this section, the covered entity shall—
added
“(A) for grants related to construction of a vessel of the United States as described in subsection (a)(1)—
added
“(i) enter into an agreement with the Maritime Administrator establishing that the vessel that is constructed with Federal financial assistance shall be, for a period of not less than 10 years, documented under the laws of the United States; and
added
“(ii) agree to carry out all construction in a shipyard of the United States as the result of competitive bidding, after due advertisement, with the right reserved by the Administrator to disapprove any or all bids;
added
“(B) for a grant related to qualified shipyard investments as described in subsection (a)(2), use the award amounts for investments in—
added
“(i) facilities or equipment related to shipbuilding or ship repair; or
added
“(ii) maritime component suppliers and subcomponent suppliers with over 50 percent maritime use in each such investment; and
added
“(C) make commitments to worker and community investment, including through—
added
“(i) programs to expand employment opportunity for economically disadvantaged individuals; and
added
“(ii) securing commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals.
added
“(3) Review of applications
added
“(A) Considerations for review—With respect to the review by the Maritime Administrator of an application submitted—
added
“(i) the Maritime Administrator may not approve an application for construction of a vessel as described in subsection (a)(1) unless the Administrator—
added
“(I) determines that a vessel funded through the program will aid in the promotion and development of foreign commerce;
added
“(II) determines that the vessel purchaser applying for funding under this section possesses the ability, experience, financial resources, and other qualifications necessary for the operation and maintenance of the proposed new vessel;
added
“(III) determines that the shipyard that will construct a vessel under this section possesses the ability, experience, financial resources, equipment, and other qualifications necessary to properly to construct the proposed vessel;
added
“(IV) confirms that any newly constructed vessel has dedicated space for workforce training programs identified by the Administrator; and
added
“(V) has notified the appropriate committees of Congress not later than 15 days before making any award to any covered entity;
added
“(ii) the Maritime Administrator may not approve an application for qualified shipyard investments as described in subsection (a)(2) unless the Administrator—
added
“(I) confirms that the covered entity has received an incentive offered by a governmental entity to a covered entity for the purposes of supporting a qualified shipyard investment within that jurisdiction;
added
“(II) ensures that the covered entity has an executable plan to sustain the facility without additional Federal financial assistance under this subsection for the facility;
added
“(III) determines that the project to which the application relates is in the economic interests of the United States; and
added
“(IV) receives detailed information on—
added
“(aa) the customers, or categories of customers, which the covered entity plans to serve;
added
“(bb) the type of expenditures which the covered entity plans to make; and
added
“(cc) the workforce positions that the covered entity plans to employ, including any required recruitment, training, and hiring; and
added
“(iii) the Maritime Administrator may consider—
added
“(I) whether the covered entity has previously received financial assistance under this section;
added
“(II) the price for the construction or repair of a vessel that has been negotiated between a shipyard and proposed vessel purchaser, and whether the negotiated price is fair and reasonable;
added
“(III) whether the covered entity commits to use equipment, materials, and supplies that are produced in the United States, and utilize, to the maximum extent practicable, subcontractors and suppliers that are based in the United States; and
added
“(IV) whether the covered entity commits to utilizing new or emerging technologies.
added
“(B) Records—The Maritime Administrator may request records and information from the covered entity. The covered entity shall provide the records and information requested by the Administrator.
added
“(d) Award amounts
added
“(1) Construction of a vessel of the united states
added
“(A) In general—For grant awards related to construction of a vessel of the United States, as described in subsection (a)(1), the Maritime Administrator shall determine the appropriate amount and funding for each financial assistance award made under this section.
added
“(B) Determination—In making the determination under subparagraph (A), the Maritime Administrator shall consider the difference in the cost of constructing the proposed vessel within the United States over the fair and reasonable estimate of cost of the construction of that type of vessel if it were constructed under similar plans and specifications in a foreign shipbuilding center that is deemed by the Administrator to furnish a fair and representative example for the determination of the estimated foreign cost of construction of vessels of the type proposed to be constructed.
added
“(2) Qualified shipyard investments—For grant awards provided to incentivize qualified shipyard investments as described in subsection (a)(2), the Maritime Administrator shall determine the appropriate amount for each financial assistance award made to a covered entity to maximize private sector investments and to expand shipyard and ship building capacity of the United States.
added
“(3) Use of funds—A covered entity that receives a financial assistance award under this section may only use the financial assistance award amounts to—
added
“(A)
added
“(i) finance the construction of a vessel to be built in the United States and documented under the laws of the United States; or
added
“(ii) support site development, construction, and modernization for qualified shipyard investments; and
added
“(B) support workforce development for a shipyard or qualified shipyard investment.
added
“(e) Applications for reconstruction, conditioning, or repowering—The Maritime Administrator may consider an application as described in subsection (a)(1), and award grants under this section, for the reconstruction, reconditioning, or repowering of an existing vessel in a shipyard of the United States.
added
“(f) Pilot program for vessels in domestic commerce
added
“(1) In general—The Maritime Administrator may, if determined to be consistent with all other requirements of this section (except the requirement under subsection (c)(3)(A)(i)(I)(aa)), establish a pilot program to consider an application as described in subsection (a)(1), and award financial assistance under this section for the construction or repair of a vessel for use in service other than foreign commerce.
added
“(2) Eligible vessels—In addition to all other requirements of this section (except the requirement under subsection (c)(3)(A)(i)(I)(aa)), funding through the pilot program under this subsection shall only be used for construction or repair of vessels of the United States that—
added
“(A)
added
“(i) will operate in an emerging industry or a new trade lane;
added
“(ii) will not compete with existing vessels of the United States; and
added
“(iii) will not serve a market already served by a vessel of the United States with a coastwise endorsement;
added
“(B)
added
“(i) will replace an existing vessel of the United States that is or will be acquired by the Administrator to be placed in the National Defense Reserve Fleet, pursuant to section 57101; and
added
“(ii) as consideration for the payment of financial assistance, will operate for not longer than 21 years, at which time ownership will be transferred to the Maritime Administrator and the vessel placed in the National Defense Reserve Fleet, pursuant to section 57101; or
added
“(C) will be an oceanographic research vessel (as defined in section 2101 of this title).
added
“(3) Rule of construction—Nothing in this subsection shall be construed to alter the requirements under section 55102.
added
“(g) Clarification—Notwithstanding any other provision of law, the provision by the Administrator of Federal financial assistance for a project described in this section shall not be considered to be a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or an undertaking for the purposes of division A of subtitle III of title 54, United States Code.
added
“(j) Buy America—Section 54101(d)(2) shall apply to any funds obligated by the Administrator under this section.
added
“(k) GAO review—The Comptroller General of the United States shall—
added
“(1) not later than 2 years after the date of disbursement of the first financial award under this section, and biennially thereafter for 10 years, conduct a review of the program under this section; and
added
“(2) submit to the appropriate committees of Congress the results of each review.
added
“(l) Prohibition on use of funds
added
“(1) In general—No funds made available under this section may—
added
“(A) be used to construct, modify, or improve a facility outside of the United States;
added
“(B) be provided to a foreign entity of concern or to support a foreign entity of concern; or
added
“(C) be used to purchase materials that are procured or sourced from a foreign entity of concern, if such funds are for construction of a vessel as described in subsection (a)(1).
added
“(2) Stock buybacks—An entity receiving financial assistance under this section may not engage in any stock buyback for a period of 5 years after receiving such assistance.”
(b)
added
Clerical amendment— The table of chapters at the beginning of part C of subtitle V of title 46, United States Code, and at the beginning of subtitle V of such title, are each amended by inserting after the item relating to chapter 537 the following new item:
Sec. 3644
United States Government cargo
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
only the Maritime Administrator, acting in the Administrator’s capacity as Director of the National Shipping Authority, has the authority to determine the non-availability of qualified capacity of vessels of the United States (referred to in this subsection as “qualified United States flag capacity”) at fair and reasonable rates for commercial vessels of the United States to meet the requirements of section 55305 or 55314 of title 46, United States Code; and
(2)
added
the requirements of section 55305 or 55314 of title 46, United States Code, may only be waived temporarily by the President, the Secretary of Defense, or the Secretary of Transportation during a declared emergency justifying such a temporary waiver, following a determination by the Maritime Administrator, acting in the Maritime Administrator's capacity as Director of the National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code.
(b)
added
Applicable percentage—
(1)
added
In general— Section 55305(a) of title 46, United States Code, is amended by striking “at least 50” and inserting “100”.
(2)
added
Effective date— The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act.
(c)
added
Waiver— Section 55305(d)(1) of title 46, United States Code, is amended to read as follows:
added
“(1) Waiver authority
added
“(A) In general—Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, the Secretary of State, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, in consultation with the Maritime Security Board, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized.
added
“(B) Interagency agreement for the determination of non-availability
added
“(i) In general—Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, the Maritime Security Advisor shall facilitate an interagency agreement between the Maritime Administrator and the head of each agency subject to the requirements of subsection (a).
added
“(ii) Contents—Each interagency agreement shall include—
added
“(I) an explanation of the process the agency shall follow to request a determination of non-availability by the Maritime Administrator under subparagraph (A);
added
“(II) a standard process that the Maritime Administrator shall follow for making such a determination of non-availability; and
added
“(III) deadlines—
added
“(aa) for when an agency shall submit a request for such a determination of non-availability prior to the transportation of equipment, materials, or commodities subject to subsection (a); and
added
“(bb) for when the Maritime Administrator shall make such a determination of non-availability after receiving a request for a temporary waiver under subparagraph (A).
added
“(iii) Congressional notification—The Maritime Security Advisor shall notify the appropriate committees of Congress—
added
“(I) when each interagency agreement required under this subparagraph is finalized; and
added
“(II) any time that an interagency agreement required under this subparagraph is updated.”
(d)
added
Clarification— Section 55305(d)(3)(B) of title 46, United States Code, is amended by inserting “Maritime Security Board and the” after “to the”.
Sec. 3645
Cargo preference implementation regulations
added
(a)
added
Regulations and guidance— Not later than 180 days after the date of enactment of this Act, the Maritime Administrator, notwithstanding any other provision of law, regulation, or administrative order, shall—
(1)
added
promulgate regulations under subchapter III of chapter 5 of title 5, United States Code, to fully implement and ensure compliance with sections 55305, 55314, 55315, and 55316 of title 46, United States Code;
(2)
added
issue interagency guidance to other Federal departments and agencies on how to administer the programs that are subject to such sections in accordance with those sections, as applicable; and
(3)
added
publish such guidance in the Federal Register and on the website of the Maritime Administration.
(b)
added
Repeal of earlier regulatory deadline— Subsection (a) of section 3502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117–263), is repealed.
Sec. 3646
Cargo preference oversight and audit
added
added
Section 55301 of title 46, United States Code, is amended—
(1)
added
in subsection (a)(2), by striking “section 55305” and inserting “sections 55305, 55314, 55315, and 55316”; and
(2)
added
by adding at the end the following:
added
“(d) Notification of violation—The Maritime Administrator shall—
added
“(1) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 55305, 55314, 55315, or 55316 of this title (as applicable), notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 14 days after receiving such information; and
added
“(2) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 2631 of title 10, United States Code, notify the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives not later than 14 days after receiving such information.”
Sec. 3647
Priority for vessels of the United States
added
(a)
added
In general— Part D of subtitle V of title 46, United States Code, is amended by inserting after chapter 553 the following:
added
“555 Priority for vessels of the United States
added
“55501. Priority for vessels of the United States
added
“(a) In general—The Secretary of Transportation may allow a vessel of the United States to be given priority at any port in the United States, ahead of a waiting vessel of a foreign country of concern (as defined in section 3604 of the SHIPS for America Act of 2026) or owned by a foreign entity of concern (as so defined).
added
“(b) Exception—Notwithstanding subsection (a), if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate the priority under this section at any port. The Secretary shall report to the appropriate committees of Congress, as defined in section 3604 of the SHIPS for America Act of 2026, by not later than 30 days after an action eliminating priority under this section.”
(b)
added
Clerical amendment— The table of chapters for subtitle V of title 46, United States Code, is amended by inserting after the item relating to chapter 553 the following:
Sec. 3648
Transportation requirements for certain exports sponsored by the Secretary of Agriculture
added
added
Section 55314 of title 46, United States Code, is amended—
(1)
added
by inserting before subsection (b) the following:
added
“(a) Applicability—The requirements under section 55305 of this title shall apply with respect to the activities specified in subsection (b).”
(2)
added
in subsection (b)—
(A)
added
in the matter preceding paragraph (1), by striking “Secretary of Agriculture or the Commodity Credit Corporation” and inserting “Federal Government”;
(B)
added
in paragraph (1), by inserting “titles I, II, or III of” after “carried out under”;
(C)
added
in paragraph (4), by striking “agricultural commodities or their products” and inserting “agricultural products”;
(D)
added
in paragraph (5), by striking “agricultural commodities or their products” and inserting “agricultural products”;
(E)
added
in paragraph (6), by striking “agricultural commodities or their products” and inserting “agricultural products”;
(F)
added
in paragraph (7), by striking “agricultural commodities” and inserting “agricultural products”;
(G)
added
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and
(H)
added
by inserting after paragraph (3) the following:
added
“(4) carried out under the Food for Progress Act of 1985 (7 U.S.C. 1736o);
added
“(5) carried out under the McGovern-Dole International Food for Education and Child Nutrition Program under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1);”
(3)
added
by adding at the end the following:
added
“(c) Agricultural product defined—In this section, the term agricultural product means any food product, including an agricultural commodity, specialty crop (as such term is defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note)), or processed food product, exported from the United States.”
Sec. 3649
Ship America Office
added
(a)
added
In general— Chapter 553 of title 46, United States Code, is amended by adding at the end the following:
added
“IV Ship America Office
added
“55341. Establishment of Ship America Office
added
“(a) Establishment—The Maritime Administrator shall establish within the Maritime Administration an office to be known as the “Ship America Office”. The Maritime Administrator shall appoint the head of the Ship America Office (in this section referred to as the “Ship America Associate Administrator”).
added
“(b) Duties—The Ship America Associate Administrator shall have the following duties:
added
“(1) Providing assistance to private sector entities, Federal financial assistance recipients, Federal agencies, Federal contractors, and owners and operators of oceangoing vessels of the United States to facilitate the movement of commercial and government cargo on vessels of the United States in international commerce.
added
“(2) Maximizing compliance across Federal agencies with this chapter, section 2631 of title 10, and any other cargo preference law of the United States.
added
“(3) Providing training and assistance to Federal employees, in all Federal agencies responsible for shipping preference cargo, on the legal obligations under this chapter, section 2631 of title 10, United States Code, and any other cargo preference law of the United States.
added
“(4) Developing a ‘Ship America’ verification program to develop self-certification industry standards, in partnership with private sector entities, to allow private sector entities to verifiably demonstrate that a product was transported to the United States aboard a vessel of the United States.
added
“(5) Supporting the efforts of the executive branch to develop and sustain a fleet of vessels of the United States and maritime industrial base to meet the sealift needs of Federal agencies.
added
“(6) Where practicable, making accessible, and regularly updating, the publicly available contact information for oceangoing vessels of the United States for the purposes of moving international commerce.
added
“(7) Publishing, and regularly updating, centralized information on the commercial benefits available to private sector entities for moving commercial cargo on oceangoing vessels of the United States.
added
“(8) Preparing the reports under subsection (c).
added
“(c) Reports required—Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Maritime Administrator, acting through the Ship America Associate Administrator, shall report to the appropriate committees of Congress (as defined in section 3604 of the SHIPS for America Act of 2026) and the Maritime Security Board on—
added
“(1) the opportunities and challenges faced by commercial entities to move cargo on oceangoing vessels of the United States; and
added
“(2) recommendations to increase international commerce moving on vessels of the United States.”
(b)
added
Clerical amendment— The table of sections for chapter 553 of title 46, United States Code, is amended by adding at the end the following:
Sec. 3655
Alternate standards
added
(a)
added
In general— Chapter 33 of title 46, United States Code, is amended—
(1)
added
by redesignating sections 3317 and 3318 as sections 3318 and 3319, respectively; and
(2)
added
by inserting after section 3316 the following:
added
“3317. Alternate standards
added
“(a) In general—Not later than 1 year after the date of enactment of the SHIPS for America Act of 2026, the Secretary, in consultation with the Maritime Administrator, shall establish alternate standards to allow self-propelled vessels providing oceangoing transportation that are not documented under chapter 121 of this title to receive a certificate of inspection if the vessel will become a documented vessel.
added
“(b) Requirements—Under the program established under subsection (a), a self-propelled vessel used to provide oceangoing transportation that is not documented under chapter 121 of this title shall be eligible for a certificate of inspection if the Secretary determines that—
added
“(1) the owner of the vessel has agreed to apply to have the vessel documented under chapter 121 upon receiving the certificate;
added
“(2) at the time of the receipt of such certificate, the vessel is eligible for documentation under such chapter;
added
“(3) the vessel is classed by and designed in accordance with the rules of a classification society accepted by the Secretary;
added
“(4) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121, notwithstanding any other law including any regulation;
added
“(5) the vessel has been assessed for cybersecurity and surveillance risks; and
added
“(6) the country in which the vessel was documented immediately before becoming documented under chapter 121 has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
added
“(c) Continued eligibility for certificate—This section does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection (b)(4).
added
“(d) Reliance on classification society
added
“(1) In general—The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of paragraphs (3), (4), and (6) of subsection (b) and of subsection (c).
added
“(2) Foreign classification society—The Secretary may accept certification from a foreign classification society under paragraph (1) only—
added
“(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
added
“(B) if the foreign classification society has offices and maintains records in the United States.
added
“(e) Rulemaking procedure—The Secretary may initiate a rulemaking procedure to implement this standard.
added
“(f) Savings provision—Nothing in this section shall be interpreted to affect requirements related to merchant seamen credentials under part E of subtitle II of this title or the requirements related to manning of vessels under part F of such subtitle.”
(b)
added
Clerical amendment— The table of sections for chapter 33 of title 46, United States Code, is amended by striking the items relating to sections 3317 and 3318 and inserting the following:
Sec. 3656
Rulemaking committee on commercial maritime regulations and standards
added
(a)
added
Definitions— In this section:
(1)
added
Covered regulation— The term covered regulation—
(A)
added
means a commercial regulation or standard issued by the Coast Guard relating to the operation of vessels in foreign commerce, including—
(i)
added
vessel design and engineering standards;
(ii)
added
merchant mariner training and credentialing; or
(iii)
added
vessel operating and environmental standards; and
(B)
added
does not include any commercial regulation or standard issued by the Coast Guard that exclusively applies to vessels in domestic commerce.
(2)
added
Rulemaking committee— The term rulemaking committee means the committee established under subsection (b).
(3)
added
Secretary— The term Secretary means the Secretary of the department in which the Coast Guard is operating.
(b)
added
Establishment of rulemaking committee— There is established, in the department in which the Coast Guard is operating, a rulemaking committee on commercial maritime regulations and standards to—
(1)
added
review, and develop findings and recommendations regarding, the covered regulations; and
(2)
added
provide to the Secretary a report on opportunities to review and update regulations governing vessel design and engineering, vessel and facility operation and environmental standards, and merchant mariner credentialing, in order to—
(A)
added
revitalize the merchant marine and the commercial maritime industry in the United States; and
(B)
added
better align, and limit redundancies between, the regulatory standards of the Coast Guard and the International Maritime Organization and international treaty requirements, while protecting United States mariners and the United States maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the United States.
(1)
added
Composition of rulemaking committee— The Secretary shall appoint the following as members of the rulemaking committee:
(A)
added
Each of the following Federal officers or employees, or their designees:
(i)
added
The Maritime Security Advisor.
(ii)
added
The Maritime Administrator.
(iii)
added
The Commandant of the Coast Guard.
(iv)
added
The Secretary of Commerce.
(v)
added
The Administrator of the Environmental Protection Agency.
(vi)
added
The Chair of the Federal Maritime Commission.
(vii)
added
The chief United States delegate to the International Maritime Organization.
(B)
added
Representatives from recognized classification societies, including the American Bureau of Shipping.
(C)
added
Representatives of industry, including—
(i)
added
owners and operators of vessels in domestic and foreign commerce of the United States;
(ii)
added
shipbuilders; and
(iii)
added
other representatives of industry the Secretary determines appropriate.
(D)
added
Individuals with a merchant mariner credential, as defined in section 2101 of title 46, United States Code.
(E)
added
Representatives of maritime labor organizations.
(F)
added
Experts in maritime safety and regulatory matters.
(G)
added
Other stakeholders the Secretary determines appropriate.
(2)
added
Period of appointment; vacancies—
(A)
added
In general— A member of the rulemaking committee shall be appointed for the life of the rulemaking committee.
(B)
added
Vacancies— A vacancy in the rulemaking committee—
(i)
added
shall not affect the powers of the rulemaking committee; and
(ii)
added
shall be filled in the same manner as the original appointment.
(3)
added
Chairperson and vice chairperson— The Secretary shall select a Chairperson and Vice Chairperson from among the members of the rulemaking committee.
(1)
added
Initial meeting— Not later than 180 days after the date of enactment of this Act, the Secretary shall convene the rulemaking committee for the first meeting of the rulemaking committee.
(2)
added
Quorum— A majority of the members of the rulemaking committee shall constitute a quorum, but a lesser number of members may hold hearings.
(e)
added
Duties of committee—
(1)
added
Considerations— The rulemaking committee shall consider each of the following:
(A)
added
How the covered regulations interact with and compare to the treaty requirements and regulations established by the International Maritime Organization, including comparisons and interactions on the basis of—
(iii)
added
enforceability and compliance; and
(iv)
added
international competitiveness.
(B)
added
The benefits and challenges vessel owners and operators and United States mariners encounter when complying with both regulations of the International Maritime Organization and the covered regulations.
(C)
added
The role that covered regulations play in enhancing the size and strength of the merchant marine and the domestic and international fleet of the United States.
(D)
added
Recommended changes to covered regulations, and regulatory frameworks, to better promote alignment with international standards and the standards of countries that are allies and partners, with a focus on—
(i)
added
increasing opportunities for qualified mariners that enter the merchant marine and reducing the barriers that lead qualified mariners to leave the merchant marine;
(ii)
added
increasing the number of vessels documented under the laws of the United States that are operating in domestic and foreign commerce;
(iii)
added
enhancing United States leadership within the International Maritime Organization and other international treaty organizations with a focus on the maritime industry;
(iv)
added
streamlining regulatory processes and processing timelines to minimize duplicative reviews and eliminate preventable delays; and
(v)
added
maintaining and enhancing the safety and security of the merchant marine.
(E)
added
Recommended changes to covered regulations and regulatory frameworks that govern mariner education training requirements, which may include—
(i)
added
expanding the pool of qualified instructors for mariner training programs;
(ii)
added
streamlining requirements related to training facility size and design to improve operational efficiencies at mariner training facilities, including requirements related to classroom size and design;
(iii)
added
standardizing and streamlining training course and curriculum approval and evaluation to provide more certainty to mariner training programs; and
(iv)
added
enhancing opportunities for mariner training programs to flexibly integrate sea-time into course instruction, consistent with treaty requirements and regulations established by the International Maritime Organization.
(F)
added
Any other matters the Secretary determines appropriate.
(2)
added
Report— Not later than 12 months after the date of enactment of this Act, the rulemaking committee shall submit to the Secretary a report that includes the findings and recommended changes to covered regulations of the rulemaking committee, as required under paragraph (1).
(f)
added
Powers of rulemaking committee—
(1)
added
Hearings— The rulemaking committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the rulemaking committee considers advisable to carry out this section.
(2)
added
Information from Federal agencies—
(A)
added
In general— The rulemaking committee may secure directly from a Federal department or agency such information as the rulemaking committee considers necessary to carry out this section, as permitted by law.
(B)
added
Furnishing information— On request of the Chairperson of the rulemaking committee, the head of the department or agency shall furnish the information to the rulemaking committee.
(g)
added
Rulemaking committee personnel matters—
(1)
added
No compensation— A member of the rulemaking committee shall not be compensated for service on the rulemaking committee.
(2)
added
Travel expenses— A member of the rulemaking committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the rulemaking committee.
(h)
added
Administration— Except as specified otherwise in this section, the rulemaking committee shall be treated as a committee established under chapter 151 of title 46, United States Code, for purposes of section 15109 of such title and shall not be considered a temporary organization under section 3161 of title 5, United States Code.
(i)
added
Termination— The rulemaking committee shall terminate on the earlier of—
(1)
added
the date that is 90 days after the date on which the rulemaking committee submits the report under subsection (e)(2); or
(2)
added
the date that is 7 years after the date on which the rulemaking committee is established.
(j)
added
Duties of the Secretary— The Secretary shall—
(1)
added
not later than 30 days after receiving the rulemaking committee’s report under subsection (e)(2), submit to the appropriate committees of Congress, and make publicly available, a copy of such report and the Secretary’s views on the recommendations of the committee; and
(2)
added
not later than 90 days after submitting the report under paragraph (1)—
(A)
added
initiate a rulemaking activity and make such policy and guidance updates determined necessary by the Secretary to address the consensus recommendations reached by the rulemaking committee under subsection (e);
(B)
added
submit a report to the appropriate committees of Congress identifying the recommendations of the rulemaking committee that require legislative changes; and
(C)
added
submit a report to the Secretary of State identifying recommendations of the rulemaking committee that require changes to treaty requirements and regulations established by the International Maritime Organization, including recommendations that should inform the policy of the United States as a member of the International Maritime Organization.
Sec. 3657
Amendments to Shipowners’ Limitation of Liability Act of 1851
added
(a)
added
In general— Section 30523 of title 46, United States Code, is amended—
(1)
added
by striking subsection (a) and inserting the following:
added
“(a) Limit of owner liability
added
“(1) In general—Except as provided in section 30524 of this title, the liability of—
added
“(A) the owner of a vessel of the United States for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight; and
added
“(B) the owner of a foreign vessel for any claim, debt, or liability described in subsection (b) shall not exceed the amount that is 5 times the value of the vessel and pending freight.
added
“(2) Multiple owners—If a vessel has more than one owner, the proportionate share of the liability under paragraph (1) of any one such owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.”
(2)
added
by striking subsection (c) and inserting the following:
added
“(c) Claims not subject to limitation—Subsection (a) does not apply to—
added
“(1) a claim for wages; or
added
“(2) with respect to the liability of an owner of a foreign vessel, a claim, debt, or liability arising from personal injury or wrongful death of a person who was not a crewmember or passenger of the foreign vessel at the time the injury (including fatal injury, if applicable) occurred.”
(b)
added
Amendment to cessation of certain actions— Section 30529(c) of title 46, United States Code, is amended by striking “the matter in question” and inserting “a matter subject to consideration for limitation under section 30523 or section 30524”.
(c)
added
Effective date— The amendments made by subsections (a) and (b) shall apply to any liability subject to section 30523(a) of title 46, United States Code, that arises on or after the date of enactment of this Act.
Sec. 3661
Anticipated commercial vessel construction survey
added
(a)
added
In general— Chapter 501 of title 46, United States Code, is amended by adding at the end the following:
added
“50115. Anticipated commercial vessel construction survey
added
“(a) Definition—In this section, commercial vessel of the United States means a vessel that is documented under the laws of the United States, not less than 6,000 deadweight tons, and operated in the domestic trade of the United States or foreign commerce, and may include—
added
“(1) a bulk carrier vessel;
added
“(2) a tanker vessel;
added
“(3) a roll-on/roll-off vessel;
added
“(4) a liquefied natural gas tanker vessel;
added
“(5) a container vessel;
added
“(6) a multi-purpose vessel;
added
“(7) a cable vessel (as defined in section 53201);
added
“(8) a heavy-lift vessel; or
added
“(9) any other type of vessel determined appropriate by the Administrator, in consultation with the Maritime Security Board.
added
“(b) In general—Not later than 180 days after the date of enactment of this section, and annually thereafter, the Maritime Administrator shall conduct a survey of owners, agents, or operators of commercial vessels of the United States to identify plans for the construction, maintenance, and modernization of commercial vessels of the United States.
added
“(c) Purpose—The purpose of the survey conducted under this section is to inform the maritime industrial base of the future need for the construction of commercial vessels.
added
“(d) Inclusions—In conducting the survey under this section, the Maritime Administrator shall collect the following information from owners, agents, or operators of commercial vessels of the United States who participate in the survey:
added
“(1) The number of commercial vessels of the United States the participant is looking to construct during the 10-year period beginning on the date on which the participant takes the survey.
added
“(2) The capabilities of the vessels described in paragraph (1) that the participant is seeking in constructing such vessels.
added
“(3) Estimated timelines for when the participant aims to place each such vessel into service.
added
“(4) The number of major repairs of commercial vessels of the United States and overhauls of such commercial vessels the participant is looking to carry out during the 10-year period described in paragraph (1).
added
“(5) The major components that a shipbuilder would need from industrial base suppliers to support the construction, overhaul, or repair of commercial vessels of the United States during such 10-year period.
added
“(6) Estimates for the capital expenditures the participant is planning to make for the construction, overhaul, or repair of commercial vessels of the United States during such 10-year period.
added
“(7) Any additional information the Maritime Administrator determines appropriate.
added
“(e) Participation—The Administrator may not require any owner, agent, or operator of a commercial vessel of the United States to participate in the survey unless that owner, agency, or operator is participating in a financial assistance program established under part C of this subtitle.
added
“(f) Release of findings
added
“(1) Distribution—Each year, the Maritime Administrator may release the findings of the survey with shipyards in the United States and other maritime industrial base stakeholders the results of the survey conducted under this section for such year in such a manner as the Administrator determines appropriate.
added
“(2) Proprietary information—Notwithstanding any other provision of law, including section 552 of title 5, United States Code, at the request of a survey participant, the Maritime Administrator shall withhold proprietary information provided as a part of a survey conducted under this section.
added
“(3) Coordination—To the maximum extent practicable, the Maritime Administrator shall seek to conduct the annual surveys under this section and publish the results of such surveys on a similar timeline as the timeline for the annual naval vessel construction plans under section 231(a)(1) of title 10 and other shipbuilding construction surveys published by other Federal agencies.”
(b)
added
Clerical amendment— The table of sections for chapter 501 of title 46, United States Code, is amended by inserting after the item relating to section 50114 the following:
Sec. 3662
Streamlined environmental review
added
added
Section 41001(6) of the Fixing America's Surface Transportation Act (42 U.S.C. 4370m(6)) is amended—
(1)
added
in subparagraph (A)—
(A)
added
in the matter preceding clause (i), by inserting “the maritime industry” after “waterways,”;
(B)
added
by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(C)
added
by inserting after clause (ii) the following:
added
“(iii) is covered by a programmatic plan or environmental review developed for a project related to the maritime industry;”
(2)
added
by adding at the end the following:
added
“(D) Maritime industry—For the purposes of subparagraph (A), the term construction of infrastructure for the maritime industry includes construction of—
added
“(i) shipyards and ship repair facilities;
added
“(ii) port terminals and other port facilities;
added
“(iii) manufacturing facilities for equipment and technology instrumental to the facilitation of maritime trade and commerce, as defined by the Council; and
added
“(iv) other industrial base facilities that support the Navy or the merchant marine of the United States.”
(a)
added
Report on National Defense Reserve Fleet—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Maritime Administrator, in consultation with the Commander of the United States Transportation Command and the Secretary of the Navy, and in accordance with paragraph (2), shall submit to the appropriate committees of Congress and the Maritime Security Board a report—
(A)
added
outlining a plan for using shipbuilding financial incentives and the financial incentive programs under subpart C of subtitle V of title 46, United States Code, to supplement the size and readiness of the National Defense Reserve Fleet and to improve national shipbuilding and shipping infrastructure; and
(B)
added
describing ways in which an expanded and creative view of the make-up of vessels with Voluntary Intermodal Sealift Agreements or Voluntary Tanker Agreements and the shipbuilding financial incentives program authorized under such section can be used to ensure government access to other vessels that are critical to national security, such as icebreakers, oil and natural gas tankers, floating dry docks, salvage vessels, dredges, ocean tugs, offshore construction vessels, multi-use workboats, and commercial shipping vessels using small nuclear reactors.
(2)
added
Additional consultation— In preparing the report under paragraph (1), the Maritime Administrator shall also consult with the Secretary of Commerce and the Secretary of Energy with respect to shipping vessels or mobile maritime power plants using small nuclear reactors.
(b)
added
Report on de-Risking maritime sector— Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Defense and the Secretary of Homeland Security, in coordination with the Secretaries of Treasury and State, the Maritime Administrator, and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress and the Maritime Security Board a report outlining a comprehensive strategy for de-risking the United States maritime domain from the People’s Republic of China and other asymmetric or emerging maritime threats.
(c)
added
Report on restricting flow of capital to CCP— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, the Secretary of State, and the Secretary of the Treasury shall submit to the appropriate committees of Congress and the Maritime Security Board a report on ways and means for restricting the flow of capital from the United States to Chinese Communist Party maritime industries, which shall include recommendations for promoting the flow of capital within and between the United States and treaty allies of the United States. The report shall also include a survey of banks, pension funds, and large financial institutions, with recommendations for ways the United States can incentivize domestic financial investments in the maritime industry.
Sec. 3664
Export control report
added
added
Not later than 1 year after the date of enactment of this Act, the Secretary of State and the Secretary of Commerce shall jointly submit to Congress a report assessing methods to reduce the use of export controls and other restrictions under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) and the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations, that limit the ability of foreign-owned marine industrial base companies to participate in the United States shipbuilding industry, specifically including shipbuilding for the Federal Government, while ensuring appropriate safeguards for United States-based firms and American workers.
Sec. 3665
Assessment of the use of commercial best practices for Navy shipbuilding
added
(1)
added
In general— The Secretary of the Navy, in coordination with the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating, shall—
(A)
added
conduct an assessment of best practices used in the construction and repair of commercial, oceangoing maritime vessels; and
(i)
added
opportunities for the Navy and Coast Guard to leverage those best practices to make ship construction and repair efforts of combatant and non-combatant vessels more efficient; and
(ii)
added
advanced technologies that can be leveraged to improve the overall readiness and dominance of the United States maritime fleet (both commercial and military), to specifically include small modular reactors for ship power and propulsion.
(2)
added
Elements— The assessment required by paragraph (1) shall include the following:
(A)
added
An evaluation of the best practices described in subparagraph (A) of such paragraph, including best practices used by commercial shipyards in foreign allied countries, consideration of commercial design standards, and the vessel construction manager model used to construct the National Security Multi Mission Vessel Program, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(B)
added
An identification of commercial-grade components and capabilities being used in state-of-the-art commercial, oceangoing maritime vessels and an assessment of whether the Navy and Coast Guard could better use commercial off-the-shelf components or capabilities to reduce costs, improve efficiencies, or enhance capabilities in the construction of new naval vessels and cutters, and in repair of naval vessels and cutters.
(C)
added
A determination as to whether shipbuilding and acquisition programs of the Navy and Coast Guard use modern best practices from the commercial maritime industry in terms of contracting, ship design, construction, overhaul, and maintenance.
(D)
added
An identification of technologies and procedures that are used in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the efficiency of designing and constructing new naval vessels.
(E)
added
An identification of technologies and procedures that are used in commercial shipbuilding and repair that, if used by the Navy and Coast Guard, would improve the efficiency of repairing naval vessels.
(F)
added
An identification of opportunities to improve commonality in ship design, ship components, and shipbuilding procedures between commercial, oceangoing maritime vessels, naval vessels, and cutters that could lead to improved efficiencies and a more resilient industrial base to support shipbuilding and repair for military and civil maritime vessels.
(G)
added
An identification of advanced nuclear technologies that are under development for use in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the operational capability of naval vessels and cutters.
(H)
added
An identification of the barriers preventing or making prohibitive the use of small modular reactors in naval or commercial, oceangoing maritime vessels, including—
(i)
added
ambiguity in regulations governing nuclear propulsion restricting the commercial maritime industry from utilizing nuclear propulsion or collaborating between United States and foreign entities under export controls requirements, including section 744.5 of title 15, Code of Federal Regulations (or a similar successor regulation); and
(ii)
added
a lack of clarity in the meaning of maritime (civil) nuclear propulsion plant projects contained in the Export Administration Regulations and Naval Nuclear Propulsion contained in the International Traffic in Arms Regulations (Cat VI).
(I)
added
An evaluation of education and technology development best practices used by commercial shipyards in foreign allied countries, and an identification of education and technology development opportunities, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(J)
added
An evaluation of whether adoption of the best practices evaluated under subparagraph (A) for the construction and repair of naval vessels and cutters would support the domestic commercial maritime shipbuilding industry, the commercial maritime industrial base, and the merchant marine of the United States.
(b)
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on—
(1)
added
the results of the assessment required by subsection (a); and
(2)
added
a plan to execute any measures pursuant to such assessment.
(c)
added
Strategy Required— Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary of the Navy and Secretary of the Department in which the Coast Guard is operating shall—
(1)
added
provide to the appropriate committees of Congress strategies describing how measures identified as a result of the assessment required by subsection (a) will be incorporated into shipbuilding programs for the Navy and Coast Guard; and
(2)
added
publish a public version of the strategies.
(d)
added
Congressional defense committees defined— In this section, the term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code.
Sec. 3666
Plan of action for use of Defense Production Act of 1950 authorities
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on a plan of action for any use of authorities available under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.)—
(1)
added
to establish or enhance a domestic production capability for the construction of militarily useful, commercial maritime vessels that can be operated in foreign commerce or the domestic commerce of the United States;
(2)
added
to establish, improve, or enhance the defense shipyard industrial base; or
(3)
added
to establish, improve, or enhance maritime port infrastructure of the United States, including containers and ship-to-shore cranes that were built in the United States and are owned by citizens of the United States.
(b)
added
Coordination— The President shall develop the plan of action required by subsection (a) in consultation with—
(1)
added
the maritime security advisor (as established by this title);
(2)
added
the Maritime Security Board (as established by this title);
(3)
added
an advisory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)); and
(4)
added
such stakeholders in the private sector as the President considers appropriate.
(c)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(2)
added
the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
Sec. 3667
Military Sealift Command
added
(a)
added
Authority To offer increased paid leave accrual— The Secretary of the Navy is authorized to offer government merchant mariners employed by Military Sealift Command paid leave accrual at a faster rate than provided pursuant to the standard General Schedule (GS) system to make government seafaring jobs more competitive with the commercial sector.
(b)
added
Report on recruiting and retention efforts—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Navy, in coordination with the Commander of the Military Sealift Command and the Maritime Security Board, and in consultation with the Commander of United States Transportation Command, the Commander of United States Fleet Forces Command, and the Assistant Secretary of the Navy for Research, Development and Acquisition, shall submit to the appropriate committees of Congress a report on efforts to improve recruitment and retention of Military Sealift Command Mariners.
(2)
added
Elements— The report required under paragraph (1) shall consider—
(A)
added
opportunities to enhance the integration of Military Sealift Commander civilian mariners into the military command structure;
(B)
added
providing training on the roles and significance of Military Sealift Command civilian mariner workforce to relevant military commands; and
(C)
added
authorities required to improve recruitment and retention of civilian mariners in Military Sealift Command.
(c)
added
Report on extending charter durations— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the appropriate committees of Congress a report assessing the merits of extending the maximum charter durations of commercial and specialty vessels for the Military Sealift Command.
Sec. 3668
United States Center for Maritime Innovation
added
(a)
added
In general— Section 50307(e) of title 46, United States Code, is amended—
(1)
added
in paragraph (1), by inserting “through the establishment, management, and coordination of geographically and topically diverse maritime incubators” after “maritime transportation system”; and
(2)
added
by striking paragraphs (2), (3), and (4), and inserting the following:
added
“(2) Cooperative agreement—The cooperative agreement shall be with an organization or persons with substantial experience in the maritime industry, as determined by the Secretary, in consultation with the Maritime Security Board.
added
“(3) Selection—The Center shall be—
added
“(A) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;
added
“(B) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system; and
added
“(C) located in close proximity to eligible entities with expertise in United States emerging maritime technologies and practices.
added
“(4) Coordination—The Secretary of Transportation shall coordinate with the Maritime Security Board and other agencies critical for science, research, and regulation of emerging marine technologies for the maritime sector, including the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Science Foundation, the Coast Guard, the National Oceanic and Atmospheric Association, and the Marine Board of the National Academies when establishing the Center.
added
“(5) Responsibilities—The Center shall carry out the following activities:
added
“(A) Establish and support maritime incubators in accordance with paragraph (6).
added
“(B) Accelerate the adoption or integration of commercial technologies within the maritime industry to transform the capacity and capabilities of the merchant marine of the United States.
added
“(C) Serve as the principal liaison between the Maritime Security Board and maritime incubators.
added
“(D) Carry out programs, projects, and other activities to strengthen the merchant marine of the United States and the maritime industrial base.
added
“(E) Coordinate and harmonize the activities of other organizations and elements of the maritime industry on matters relating to commercial technologies, dual use technologies, and the innovation of such technologies.
added
“(F) Coordinate and advise efforts among elements of the maritime industry on matters relating to the development, procurement, and fielding of nontraditional capabilities and connect entities developing those capabilities with the relevant incubators.
added
“(G) Coordinate with maritime industry stakeholders to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities, including dual-use technologies that are being developed and financed in the commercial sector.
added
“(H) Coordinate with maritime industry stakeholders and relevant Federal agencies to enhance the capacity and performance of seaports of the United States, including through hardening security, enhancing preparedness, and developing United States-based supply chains for port technologies and equipment.
added
“(I) Coordinate with other research and development programs and centers focused on modes of transportation besides maritime to develop intermodal interoperability with the maritime industry.
added
“(J) Develop a standard design for commercial vessels and components and features of commercial vessels to be manufactured in the United States, using mature, proven designs, which—
added
“(i) includes, to the maximum extent practicable, included parts, components, and material manufactured in and sourced from the United States;
added
“(ii) does not include any parts, components, or materials manufactured by foreign entities of concern or which are produced in foreign countries of concern (as such terms are defined in section 3604 of the SHIPS for America Act of 2026); and
added
“(iii) includes priorities for design identified in consultation with the Secretary of the Navy, as necessary for strategic sealift, informed by requirements to sustain a wartime economy and military operations.
added
“(K) Lead engagement with industry, academia, labor organizations, and other nongovernmental entities to develop—
added
“(i) innovative, commercial, and dual-use manufacturing technologies and processes to construct, rehabilitate, or repair maritime vessels of the Armed Forces or the merchant marine of the United States;
added
“(ii) additional naval architecture programs at institutions of higher education in the United States and to expand existing naval architecture programs;
added
“(iii) next-generation propulsion technologies for the merchant marine of the United States, to include small modular reactors, low-emission or carbon capture propulsion technologies, and other renewable energy solutions;
added
“(iv) new and innovative hardware, software, and systems for remote or autonomous operations at ports, intermodal facilities, or aboard oceangoing vessels;
added
“(v) technology and infrastructure solutions that enhance the safe operation of oceangoing vessels to protect lives, property, and the environment;
added
“(vi) solutions to recruit, train, and retain a skilled workforce capable of supporting a vibrant and growing United States maritime industry; and
added
“(vii) the capacity of international allies and partners of the United States, with respect to manufacturing technologies and processes, to construct, rehabilitate, or repair maritime vessels.
added
“(L) Work with academic and private sector response training centers and Centers of Excellence for Domestic Maritime Workforce Training and Education to develop maritime strategies and workforce development plans applicable to various segments of the United States maritime industry, including the inland, deep water, and coastal fleets.
added
“(M) Establish programs and initiatives to share—
added
“(i) shipbuilding best practices and maritime technology between vessels of the Department of Defense and commercial vessels of the United States; and
added
“(ii) port technology and logistics best practices between the Department of Defense and commercial port operators and port authorities within the United States.
added
“(N) Carry out such other activities as the Maritime Security Board determines appropriate.
added
“(6) Establishment of maritime incubators
added
“(A) Establishment—The Center shall, in consultation with the Maritime Security Board, seek out, identify, and support the development of and experimentation with commercial technologies that have the potential to be implemented within the maritime industry, through the establishment of a series of maritime incubators.
added
“(B) Reflection—Each incubator shall reflect the unique nature of the region’s capabilities and academic and investor base.
added
“(C) Selection—Incubators shall be—
added
“(i) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;
added
“(ii) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system;
added
“(iii) based within a United States maritime security investment zone as defined in section 1400Z–3 of the Internal Revenue Code of 1986 (as added by section 708 of this Act); and
added
“(iv) topic-specific, according to regional maritime expertise in United States emerging maritime technologies and practices, to include designated incubators focused on—
added
“(I) clean energy, carbon capture, and alternative fuels;
added
“(II) ports and shoreside infrastructure;
added
“(III) vessel design and naval architecture;
added
“(IV) shipbuilding and next generation manufacturing;
added
“(V) advanced materials for ship construction; and
added
“(VI) other areas for maritime innovation and technology, as determined by the Center in coordination with the Maritime Security Board.
added
“(D) Incubator Responsibilities—Each maritime incubator shall—
added
“(i) serve as the principal liaison between the Center and individuals and entities that can contribute to innovation within the maritime industry, including other maritime incubators under this subsection, entrepreneurs, startups, commercial technology companies, and venture capital sources; and
added
“(ii) establish and support multi-stakeholder research and innovation partnerships, as described in subparagraph (G).
added
“(E) Report—Each incubator shall submit quarterly activity and status reports to the Center.
added
“(F) Review and termination
added
“(i) In general—The Maritime Administrator may, in consultation with the Maritime Security Board, terminate an agreement with an eligible entity selected to lead a maritime incubator if the Administrator certifies that the eligible entity is failing to meet the requirements of this section.
added
“(ii) Reselection—If the Administrator terminates an agreement with an eligible entity to lead a maritime incubator, the Center shall initiate a new selection process as required under subparagraph (C) to select a new eligible entity.
added
“(iii) Review of Eligible Entities—Not later than 5 years after the establishment of maritime incubators under this paragraph, and every 5 years thereafter, the Administrator, in coordination with the Maritime Security Board, shall conduct a review of all eligible entities selected to lead a maritime incubator and confirm the entity is adequately fulfilling the requirements of this section.
added
“(G) Multi-stakeholder partnerships
added
“(i) In general—The maritime incubators established under this subsection shall establish and support multi-stakeholder research and innovation partnerships that—
added
“(I) have the potential to generate technologies, processes, products, or other solutions that support the United States maritime industry;
added
“(II) have as an objective the technology transfer or commercialization of the work product generated by the partnership, which may include work product that incorporates intellectual property developed by the Federal Government and licensed to the partnership in accordance with clause (iii); and
added
“(III) incentivize and expand geographically diverse participation in graduate and undergraduate institutions of higher education, community college, and other workforce programs relevant to the maritime industry.
added
“(ii) Support provided—Support provided by the maritime incubator to a multi-stakeholder research and innovation partnership under this subsection may include—
added
“(I) providing funding or other resources to the partnership;
added
“(II) participating in the partnership;
added
“(III) providing technical and technological advice and guidance to the partnership;
added
“(IV) suggesting and introducing other participants for inclusion in the partnership;
added
“(V) providing the partnership with insight into desired solutions for defense and security needs;
added
“(VI) providing access to Ready Reserve ships for testing new technologies and conducting research, as the maritime incubator determines appropriate, in coordination with the Center and the Administrator; and
added
“(VII) such other forms of support as the Center, in consultation with maritime incubators and Maritime Security Board, determines appropriate.
added
“(iii) Availability of intellectual property—To the extent the Center determines appropriate, the Center, in coordination with the maritime incubators, shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of intellectual property developed by the Federal Government that may be licensed to the partnership.
added
“(7) Report—Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, and annually thereafter, the Center shall submit to the Maritime Security Board and the appropriate congressional committees a report on the activities, advances, outcomes, and work product of the maritime incubators and the multi-stakeholder research and innovation partnerships supported under this subsection.
added
“(8) Definitions—In this subsection:
added
“(A) Multi-stakeholder research and innovation partnership—The term multi-stakeholder research and innovation partnership means a partnership composed of any combination of 2 or more of the following:
added
“(i) Institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) with research and innovation capability.
added
“(ii) Nonprofit organizations that provide policy, research, outreach, operations, organizational, management, testing, evaluation, technology transfer, legal, financial, or advocacy expertise.
added
“(iii) For-profit commercial enterprises that may be publicly or privately owned, early stage or mature, and incorporated or operating by another ownership structure.
added
“(iv) Centers of excellence for domestic maritime workforce training and education (established under section 51706).
added
“(v) Maritime labor organizations.
added
“(vi) Departments or agencies of the Federal Government with expertise, operations, or resources related to the objectives of the multi-stakeholder research and innovation partnership.
added
“(vii) State maritime academies (as defined in section 51102(4)).
added
“(viii) The United States Merchant Marine Academy.
added
“(ix) National research laboratories with expertise, operations, or resources related to the objectives of the partnership.
added
“(x) Operators and users of vessels of the University-National Oceanographic Laboratory System.
added
“(B) Nontraditional capability—The term nontraditional capability means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems.
added
“(C) Maritime industry—The term maritime industry includes—
added
“(i) shipbuilders and ship repair facilities;
added
“(ii) ship owners;
added
“(iii) port operators;
added
“(iv) personnel of the merchant marine of the United States;
added
“(v) manufacturers of equipment, software, and technology instrumental to the facilitation of maritime trade and commerce; and
added
“(vi) other members of the industrial base that support the Navy or the merchant marine of the United States.”
(b)
added
Transition— A Center for Maritime Innovation established by the Secretary of Transportation through a cooperative agreement pursuant to section 50307 of title 46, United States Code, as of the day before the date of enactment of this Act shall—
(1)
added
be deemed to be the United States Center for Maritime Innovation under section 50307 of title 46, United States Code, as of the date of enactment of this Act, with all the authorities granted by such section; and
(2)
added
coordinate activities of the Center with the Maritime Security Board pursuant to subsection (e)(4) of such section, as amended by this title.
Sec. 3669
National Shipbuilding Research Program
added
added
Section 50105(c) of title 46, United States Code, is amended to read as follows:
added
“(c) National Shipbuilding Research Program
added
“(1) In General—The Maritime Administrator shall establish and carry out, in coordination with the Secretary of the Navy, the National Shipbuilding Research Program.
added
“(2) Purposes—The purpose of the National Shipbuilding Research Program shall be to develop plans for the economical construction of vessels and their propelling machinery, of most modern economical types, giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable.
added
“(3) Activities—The National Shipbuilding Research Program shall—
added
“(A) support technology transfers and industry networking;
added
“(B) select and execute research and development projects, which may include—
added
“(i) advancing best practices in shipbuilding and ship repair, including alternative project management and project financing arrangements for shipyards, such as public-private financing;
added
“(ii) improving efficiency across the shipyard industrial base of the United States; and
added
“(iii) developing, maturing, and implementing industry-relevant shipbuilding and sustainment technologies;
added
“(C) carry out ad hoc initiatives focused on specific target areas in shipbuilding and ship repair; and
added
“(D) carry out additional activities as determined by the Maritime Administrator or the Secretary of Defense.”
Sec. 3670
Assessment on maritime infrastructure readiness
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Maritime Administrator shall submit to Congress a report on the status and resources and authorities needed to execute and complete necessary vessels, harborcraft, port, shipyard, and other infrastructure improvements to ensure the national security interests of the United States and support the domestic and foreign commerce of the United States.
(b)
added
Contents— The report under subsection (a) shall include—
(1)
added
consideration of existing literature and reporting from Federal and non-Federal sources;
(2)
added
an assessment of the number of commercial shipping vessels by class required to sustain a peace-time and wartime national economy;
(3)
added
an assessment of opportunities to leverage private sector funding to enhance the capability of marine infrastructure of the United States;
(4)
added
an evaluation of future infrastructure needs to support alternative fuels for vessels and harborcraft;
(5)
added
an assessment of an ability to construct and repair seaports and shipyards during national security emergencies, including readiness to construct temporary facilities, and carry out marine salvage and firefighting operations; and
(6)
added
an evaluation of the possible effects on the commercial operations of United States ports and other critical infrastructure of prohibiting any entity that owns or operates a port or terminal in the United States from using or sharing data with—
(B)
added
any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or
(C)
added
any logistics platform that shares data with a system described in subparagraph (A) or (B).
(1)
added
Critical infrastructure— The term critical infrastructure has the meaning given the term in section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)).
(2)
added
LOGINK— The term LOGINK means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People’s Republic of China.
Sec. 3671
Eligibility for educational assistance
added
(a)
added
In General— Chapter 521 of title 46, United States Code, is amended by adding at the end the following:
added
“52102. Eligibility for educational assistance
added
“(a) Eligibility—A covered individual shall be treated as an individual described in section 3311(b)(1) of title 38, United States Code, for purposes of entitlement to educational assistance under chapter 33 of such title.
added
“(b) Covered individual
added
“(1) In General—In this section, the term covered individual means an individual who—
added
“(A) served as a full-time, credentialed United States Merchant Mariner for not less than 10 years;
added
“(B) as a result of such service received the Merchant Marine Expeditionary Medal or another award for service in a designated combat zone after the date of enactment of this section; and
added
“(C) is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.
added
“(2) Full-time, credentialed United States Merchant Mariner—For purposes of paragraph (1), serving as a full-time, credentialed United States Merchant Mariner means possession of a Merchant Mariner Credential authorized by the Coast Guard and employment on board a vessel of the United States for not less than 150 days in a calendar year.
added
“(c) Reimbursement—There is authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out this section from the Maritime Security Trust Fund established under section 50301(b) of this title.”
(b)
added
Clerical amendment— The table of sections for chapter 521 of title 46, United States Code, is amended by adding at the end the following:
Sec. 3672
Eligibility of mariners to attend Naval Postgraduate School
added
(a)
added
In general— Section 8545 of title 10, United States Code, is amended—
(1)
added
in subsection (a), by adding at the end the following new paragraph:
added
“(3) The Secretary may permit an officer or unlicensed mariner of the United States Merchant Marine to receive instruction at the Naval Postgraduate School.”
(2)
added
in subsection (b)(1), by adding at the end the following new sentence: “The Secretary of Transportation shall bear the cost of the instruction received by officers and unlicensed mariners of the United States Merchant Marine detailed for that instruction.”; and
(3)
added
in subsection (c), by inserting “, and officers and unlicensed mariners of the United States Merchant Marine,” after “Coast Guard”.
(b)
added
Report required— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Defense, shall submit to Congress a report assessing what matters relating to military training it would be beneficial for mariners to study at the Naval Postgraduate School.
Sec. 3673
Reimbursement of qualifying spouse relicensing costs and business costs
added
(a)
added
In General— Chapter 521 of title 46, United States Code, as amended by section 3671, is further amended by adding at the end the following:
added
“52103. Reimbursement of qualifying spouse relicensing costs and business costs
added
“(a) In General—The Secretary of Transportation shall establish a program to reimburse an individual serving in the merchant marine of the United States for qualified relicensing costs and qualified business costs of the spouse of that individual when the individual relocates to a new jurisdiction or geographic area as the result of a reassignment as a result of service as a commissioned officer in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve), the Coast Guard Reserve, or any other reserve component of the Armed Services of the United States.
added
“(b) Limitations
added
“(1) Relicensing—Reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed $1,000 in connection with each relocation described in paragraph (1).
added
“(2) Business costs—Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each relocation described in paragraph (1).
added
“(3) Deadline—No reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after December 31, 2036.
added
“(c) Qualified relicensing costs—In this section, the term qualified relicensing costs means costs, including exam, continuing education courses, business license, permit, and registration fees, incurred by the spouse of an individual serving in the merchant marine of the United States if—
added
“(1) the spouse was licensed or certified in a profession, or owned a business, during the individual's previous assignment and requires a new professional license or certification, or business license or permit, to engage in that profession in a new jurisdiction because of the individual's relocation described in paragraph (1); and
added
“(2) the costs were incurred or paid to secure or maintain the professional license or certification, or business license or permit, from the new jurisdiction in connection with such relocation.
added
“(d) Qualified business costs—In this section, the term qualified business costs means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of an individual serving in the merchant marine of the United States if—
added
“(1) the spouse owned a business during the individual's previous assignment and the costs result from the individual's relocation described in paragraph (1); and
added
“(2) the costs were incurred or paid to move such business to a new location in connection with such relocation.”
(b)
added
Clerical amendment— The table of sections for chapter 521 of title 46, United States Code, as amended by section 3671, is further amended by adding at the end the following:
Sec. 3674
Noncompetitive eligibility for Federal employment
added
(a)
added
Amendment— Chapter 521 of title 46, United States Code, as amended by sections 3682 and 3684, is amended by adding at the end the following:
added
“52104. Noncompetitive eligibility for Federal employment
added
“(a) Definition of agency—In this section, the term agency—
added
“(1) has the meaning given the term Executive agency in section 105 of title 5, United States Code;
added
“(2) includes the United States Postal Service and the Postal Regulatory Commission; and
added
“(3) does not include the Government Accountability Office.
added
“(b) Appointment authority—The head of an agency may appoint noncompetitively—
added
“(1) a graduate of the United States Merchant Marine Academy who has met all of the requirements of their cadet commitment agreement under section 51306 of title 46, United States Code; or
added
“(2) a credentialed United States Merchant Mariner with an officer or rating endorsement who has completed not less than 7 years of service aboard a vessel of the United States.”
(b)
added
Clerical amendment— The table of sections for chapter 521 of title 46, United States Code, as amended by sections 3682 and 3684, is amended by adding at the end the following:
Sec. 3675
United States Merchant Marine Career Retention Program
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
it takes years of training and experience, and costly license trainings, to earn mariner qualifications;
(2)
added
with just around 12,000 merchant mariners of the United States operating oceangoing vessels, compared with China’s more than 1,700,000 seafarers, the United States may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict;
(3)
added
the United States requires a qualified workforce of sufficient size that is ready and available to crew vessels of the United States for national defense or national emergency; and
(4)
added
a workforce committed to take all measures possible to expand, develop, and protect the domestic maritime workforce should—
(A)
added
support a retention program to permit credentialed merchant mariners to maintain recency through a coordinated Federal program, in coordination with maritime labor organizations; and
(B)
added
implement civil service, workplace, and hiring protections.
(b)
added
Amendment— Chapter 521 of title 46, United States Code, as amended by sections 3682, 3684, and 3685, is further amended by adding at the end the following:
added
“52105. United States Merchant Marine Career Retention Program
added
“(a) Establishment—The Maritime Administrator shall establish a program, to be known as the “United States Merchant Marine Career Retention Program”, to ensure that a qualified workforce of sufficient size is ready to crew strategic sealift vessels in the event of a national defense or national emergency activation. Through the United States Merchant Marine Career Retention Program, the Maritime Administrator shall establish and administer mechanisms to register merchant mariners and mariner employers to participate in the Program.
added
“(b) Implementation—The Maritime Administrator shall—
added
“(1) appoint a board of directors to oversee the United States Merchant Marine Career Retention Program;
added
“(2) appoint and facilitate a working group to recommend policies, procedures, and a prioritization matrix for the United States Merchant Marine Career Retention Program, which shall be composed of representatives from major stakeholders, including maritime labor organizations, credentialed United States Merchant Mariners, vessel owners, vessel operators, the United States Merchant Marine Academy, State maritime academies, United States Military Sealift Command, and other likely employers of members of the United States Merchant Marine Career Retention Program; and
added
“(3) submit to Congress an annual evaluation of the United States Merchant Marine Career Retention Program.
added
“(c) Membership in United States Merchant Marine Career Retention Program
added
“(1) In general—There shall be 2 paths to enrollment in the United States Merchant Marine Career Retention Program as described in paragraphs (2) and (3).
added
“(2) Members who work ashore who hold mariner qualifications
added
“(A) Opportunities—The United States Merchant Marine Career Retention Program shall provide individuals who hold Coast Guard issued mariner qualifications who work ashore with an opportunity to maintain, or potentially upgrade, their mariner qualifications and credentials by—
added
“(i) providing qualified service at sea on vessels of the United States; and
added
“(ii) participating in compulsory training.
added
“(B) Structure—The United States Merchant Marine Career Retention Program shall be open for enrollment to both licensed and unlicensed mariners and provide members with an 8–3–1 schedule as follows:
added
“(i) 8 months shoreside employment.
added
“(ii) 3 months sailing employment designed to ensure that members meet the minimum sea-time requirement to maintain the credentials required by the Standards of Training, Certification, and Watchkeeping certification, or, depending on mariner and employer requirements, more frequent, but shorter-duration sailing assignments.
added
“(iii) 1 month vacation, which is in addition to vacation provided by the shoreside employer.
added
“(C) Ashore employers
added
“(i) Employer obligations—The employer of a member of the United States Merchant Marine Career Retention Program described under this paragraph shall grant the member—
added
“(I) an unpaid leave of absence for the duration of the member’s training, sailing, and vacation with the United States Merchant Marine Career Retention Program; and
added
“(II) the same or an equivalent position with the employer when the member returns from training, sailing, or vacation with the United States Merchant Marine Career Retention Program.
added
“(D) Sea day assignments—The United States Merchant Marine Career Retention Program shall, with respect to members described under this paragraph—
added
“(i) maintain records of each member’s qualifications, sea time, and availability, and prioritize assignments on these and other factors with the goal of maximizing the United States Merchant Marine Career Retention Program readiness to support strategic sealift;
added
“(ii) maintain a “job call” program office that coordinates how jobs become available for members from State maritime academies, vessel operating companies, maritime labor organizations, United States Military Sealift Command, and other organizations responsible for crewing vessels of the United States of qualifying tonnage or horsepower;
added
“(iii) establish partnerships with State maritime academies and the United States Military Sealift Command that aim to establish reliable crewing jobs with job cycles that maximize the readiness of United States Merchant Marine Career Retention Program;
added
“(iv) dispatch members to fill available jobs, prioritizing maximizing readiness for strategic sealift, taking into consideration mariner availability and credentials, sea time requirements to maintain merchant mariner credentials, predicted program demand for specific ratings, and expected expansion or contraction of the program’s membership; and
added
“(v) coordinate with vessel operators and labor organizations to ensure that members in the United States Merchant Marine Career Retention Program are given opportunities to fulfill their sea time and maintain the credentials required by the Standards of Training, Certification, and, Watchkeeping certification.
added
“(E) USERRA protections—Members of the United States Merchant Marine Career Retention Program described under this paragraph shall be entitled to protections and obligations under chapter 43 of title 38 (commonly known as the “Uniformed Services Employment and Reemployment Rights Act”).
added
“(F) Requirement—A member in the United States Merchant Marine Career Retention Program described under this paragraph may not fail to accept a sea day assignment and remain in good standing with the Program, unless a hardship exemption is provided by the Maritime Administrator under subsection (e).
added
“(3) Members serving on foreign vessels
added
“(A) In general—The United States Merchant Marine Career Retention Program shall be open for enrollment to individuals who—
added
“(i) hold Coast Guard issued merchant mariner credentials required by the Standards of Training, Certification, and Watchkeeping Certification;
added
“(ii) have completed their service obligations with respect to any previous enrollment in a Federal or State maritime academy, if applicable; and
added
“(iii) are serving on a foreign vessel (as defined in section 110) that is not owned by a foreign entity of concern (as that term is defined in section 3604 of the SHIPS for America Act of 2026) or a vessel registered under a registry of a foreign country of concern or operated under the authority of a foreign country of concern (as that term is defined in such section 3604).
added
“(B) Requirement—Members of the United States Merchant Marine Career Retention Program described under this paragraph shall maintain—
added
“(i) Standards of Training, Certification, and Watchkeeping Certification currency;
added
“(ii) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the United States Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
added
“(iii) a valid transportation worker identification credential;
added
“(iv) a Coast Guard medical certificate; and
added
“(v) classes and certifications described in subparagraph (C).
added
“(C) Certifications—The Administrator shall publish a list of classes and certifications required for individuals described in subparagraph (A) to be eligible for the United States Merchant Marine Career Retention Program.
added
“(D) Rule of construction—Nothing in subparagraph (A) shall be construed to allow the United States Coast Guard to prevent or delay a merchant mariner who is otherwise eligible from attaining a more advanced rank or credential for Merchant Mariners sailing on foreign vessels.
added
“(E) USERRA protections—Members of the United States Merchant Marine Career Retention Program described under this paragraph shall be entitled to protections and obligations under chapter 43 of title 38 (commonly known as the “Uniformed Services Employment and Reemployment Rights Act”).
added
“(d) Enforcement—The Maritime Administrator shall ensure all members of the Merchant Marine Career Retention Program remain in good standing with the requirements of the Program.
added
“(1) Enforcement—Subject to paragraph (2), members found to be in noncompliance with the requirements of the Program shall—
added
“(A) have their reservist status terminated; and
added
“(B) forfeit the protections provided under chapter 43 of title 38 (commonly known as the “Uniformed Services Employment and Reemployment Rights Act”).
added
“(2) Exception—In cases where the Maritime Administrator determines a hardship exists, which prevents the mariner from meeting the requirements of the Program, the requirements of paragraph (1) shall not apply.”
(c)
added
Clerical amendment— The table of sections for chapter 521 of title 46, United States Code, as amended by sections 3682, 3684, and 3685, is amended by adding at the end the following:
Sec. 3676
Maritime workforce promotion and recruitment
added
added
Section 539A(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking “the heads of such other Federal agencies as the Secretary determines appropriate” and inserting “the Maritime Security Board”.
Sec. 3677
Centers of Excellence for Domestic Maritime Workforce Training and Education
added
added
Section 51706(c)(1)(B)(iii) of title 46, United States Code, is amended by striking “nonprofit entity” and inserting “entity”.
Sec. 3678
Maritime Career and Technical Education Advisory Committee
added
(a)
added
Definitions— In this section:
(1)
added
Administrator— The term Administrator means the Maritime Administrator.
(2)
added
Advisory Committee— The term Advisory Committee means the Maritime Career and Technical Education Advisory Committee established under subsection (b).
(b)
added
Advisory Committee plan and establishment—
(1)
added
Plan— Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a plan, and notify Congress of such plan, to establish a Maritime Career and Technical Education Advisory Committee to—
(A)
added
bring representatives of maritime industrial base employers and education providers together to identify joint opportunities to train needed workers for maritime careers; and
(B)
added
develop and disperse best practices and recommendations for the improvement of shipbuilding education and training programs, naval architecture education programs, and merchant marine training and certification programs.
(2)
added
Establishment— Not later than 1 year after the date of enactment of this Act, the Administrator shall establish the Advisory Committee.
(1)
added
Administrator— The Advisory Committee shall include the Administrator (or a delegate of the Administrator) who shall serve as Chair of the Advisory Committee.
(2)
added
Representatives— The Advisory Committee shall be composed of representatives from each of the following, to be appointed the Administrator:
(A)
added
Maritime education, including representatives from—
(i)
added
the Centers of Excellence for Domestic Maritime Workforce Training and Education designated by the Maritime Administration, taking into consideration—
(I)
added
geographic diversity;
(II)
added
the rate of employment after graduation;
(III)
added
training or skillset diversity; and
(IV)
added
other qualities as determined by the Administrator;
(ii)
added
the United States Naval Sea Cadet Corps;
(iii)
added
kindergarten through grade 12 maritime education programs designated by the Maritime Administration;
(iv)
added
the oceanographic science community, including from a University-National Oceanographic Laboratory System institution; and
(v)
added
institutions of higher education.
(B)
added
The maritime workforce, including representatives from—
(i)
added
skilled workers representing a wide swath of the career and technical maritime industry both onshore and offshore;
(ii)
added
career and technical education certified instructors; and
(iii)
added
maritime labor organizations.
(C)
added
Maritime industry, including representatives from—
(i)
added
shipbuilding, ship repair, and shipyard industry stakeholders;
(ii)
added
maritime industrial base coalitions;
(iii)
added
shipping industry stakeholders; and
(iv)
added
owners and operators of vessels of the United States.
(D)
added
Technical nonprofit organizations with expertise in the maritime industry, including representatives from—
(ii)
added
recognized classification societies; and
(iii)
added
professional societies.
(E)
added
The Federal Government, including representatives from—
(i)
added
the Department of Education;
(ii)
added
the Department of Labor;
(iii)
added
the Department of Transportation;
(iv)
added
the Department of the Navy;
(v)
added
the United States Coast Guard;
(vi)
added
the National Oceanic and Atmospheric Administration;
(vii)
added
the Army Corps of Engineers; and
(viii)
added
the Federal Maritime Commission.
(F)
added
Any other representatives that the Maritime Administrator determines appropriate to appoint.
(1)
added
In general— The Advisory Committee shall meet not less often than annually.
(2)
added
Quorum established— Two thirds of all members appointed by the Administrator under subsection (c) shall constitute a quorum for a meeting of the Advisory Committee.
(3)
added
Working groups— The Advisory Committee shall include working groups that shall meet not less often than quarterly each year.
(e)
added
FACA— Chapter 10 of title 5, United States Code, shall apply to the Advisory Committee.
(f)
added
Development of curricula— Consistent with the purposes of the Advisory Committee established in subsection (b) and applicable law (including regulations), the Advisory Committee shall recommend curricula for key skills for maritime professionals and make such curricula publicly available to institutions of higher education, career and technical education schools, and State maritime academies.
(g)
added
Reporting— The Advisory Committee shall submit to the appropriate committees of Congress and the Maritime Security Board and publish on the website of the Maritime Administration, an annual report that includes best practices and policy recommendations, as described in subsection (b).
(h)
added
Rule of construction— Nothing in this section shall be construed to create new regulatory authority or supersede existing law (including regulations) as of the day before the date of enactment of this Act, relating to shipbuilding education and training programs, naval architecture education programs, and merchant marine training and certification programs.
Sec. 3679
Military candidates to Mariner Careers Recruitment Exchange
added
(a)
added
Duties of Secretary of Defense— The Secretary of Defense shall—
(1)
added
encourage and incentivize military recruiters to recommend the United States Department of Transportation Maritime Administration to potential recruits who do not qualify for military service in the Armed Forces; and
(2)
added
establish a mechanism for military recruiters to introduce recruits described in paragraph (1) who are interested in maritime service to representatives from the Maritime Administration, in accordance with the procedures established under subsection (b).
(b)
added
Duties of the Maritime Administrator— The Maritime Administrator shall—
(1)
added
establish a mechanism to receive recruitment referrals from military recruiters;
(2)
added
provide hand-off services to connect recruits with educational resources and institutions, recognized Maritime Centers of Excellence, eligible maritime industry employers, and other maritime industry career services, as appropriate;
(3)
added
track the number of referrals from the Department of Defense; and
(4)
added
track the number of recruits who enroll in maritime industry programs, to the extent practicable.
(c)
added
Reporting requirement—
(1)
added
Briefing on the implementation strategy— Not later than 90 days after the date of enactment of this Act, the Maritime Administrator, in coordination with the Secretary of Defense, shall submit a briefing to the appropriate committees of Congress about a strategy for implementing the activities required under this section, including—
(A)
added
a timeline for implementation; and
(B)
added
the identification of the Department of Defense recruiter incentives and training required for maximum utility in carrying out such activities.
(2)
added
Annual report on program efficacy— One year after the date of enactment of this Act, and annually thereafter, the Maritime Administrator, in coordination with the Secretary of Defense, shall submit a report to the appropriate committees of Congress on the efficacy and utility of the activities carried out under this section, including—
(A)
added
the number of Department of Defense referrals to the Maritime Administration;
(B)
added
the number of Maritime Administration hand-offs to the maritime industry;
(C)
added
an assessment of the efficacy of the activities carried out under this section; and
(D)
added
challenges and recommendations relating to such activities.
Sec. 3680
Maritime worker data collection
added
(a)
added
Publication of report— The Maritime Administrator shall publish an biennial report on the state of the merchant mariner workforce.
(b)
added
Completion of report— The Maritime Administrator shall complete the biennial report required under subsection (a) or enter into a contract with another entity to complete the report.
(c)
added
Content of report— The biennial report required under subsection (a) shall include, at minimum—
(1)
added
a count of United States Merchant Mariners with valid merchant mariner credentials and credentials in continuity endorsement;
(2)
added
a count of inactive but credentialed and formerly credentialed United States Merchant Mariners, to the extent practicable, and an evaluation of—
(A)
added
the challenges to identifying such individuals;
(B)
added
opportunities to partner with Federal, State, local, and non-government entities to identify such individuals; and
(C)
added
an action plan of how to implement the opportunities described under subparagraph (B);
(3)
added
a count of United States mariners and foreign workers employed on vessels, rigs, platforms, and other vehicles or structures off the coast of the United States and an evaluation of the percentage of United States and foreign workers employed on—
(A)
added
coastwise-endorsed vessels; and
(B)
added
vessels of the United States which do not have a coastwise endorsement;
(4)
added
a listing of actively operating vessels of the United States;
(5)
added
a report of merchant mariner requirements needed in the event of a national defense sealift operation and any gaps identified in quantity and quality, and other variables of concern, as determined by the Administrator;
(6)
added
a general outlook for the future of the merchant mariner industry and potential gaps or surpluses of merchant mariners;
(7)
added
identification of any concerns in the credentialing of merchant mariners, which may include general processing issues, shortage of training providers or instructors, and barriers to entry due to costs to the economically disadvantaged; and
(8)
added
recommendations, based on data collected, on ways to—
(A)
added
improve retention of existing merchant mariners;
(B)
added
create expedited pathways for mariners with expired credentials to renew their credentials; and
(C)
added
encourage new merchant mariners to enter the industry.
(d)
added
Accessibility of data—
(1)
added
In general— Except as provided in paragraph (2), the Maritime Administrator, and any authorized agent of the Maritime Administrator, shall have full access to available Coast Guard mariner credentialing data, in a manner that ensures the protection of personally identifiable information, in order to complete the report required under subsection (a).
(2)
added
Exception— The Maritime Administrator, and any authorized agent of the Maritime Administrator, may not have access to confidential medical information pursuant to paragraph (1).
Sec. 3681
Military to maritime transition
added
(a)
added
Recommendations required— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the department in which the Coast Guard is operating, the Maritime Security Board, the Department of Veterans Affairs, and the Department of Labor, shall submit a report to the appropriate committees of Congress containing—
(1)
added
recommendations about how to increase and improve opportunities for transitioning servicemembers to secure employment in the maritime industry at sea and shoreside; and
(2)
added
a plan to implement those recommendations.
(b)
added
Considerations— In carrying out subsection (a), the Secretary of Defense shall—
(1)
added
identify barriers that servicemembers face when trying to transition to the United States maritime industry, including the merchant marines, shipbuilding, ship repair, and shipping;
(2)
added
consider opportunities to improve, expedite, and alleviate the burdens on servicemembers transitioning to the maritime industry, including efforts to—
(A)
added
inform transitioning servicemembers of employment opportunities in the United States maritime industry;
(B)
added
assist transitioning servicemembers in determining how their military credentials and experience translate to credentialed civilian employment in the maritime industry;
(C)
added
increase the establishment and uptake of accelerated or bridge programs to assist separating members of the Armed Forces in translating military credentials and experience into maritime industry credentials and employment;
(D)
added
increase the availability and accessibility of preparatory activities under the SkillBridge program established under section 1143(e) of title 10, United States Code, in the United States maritime industry;
(E)
added
incorporate the maritime industry in the Transition Assistance Program, as described in chapter 58 of title 10, United States Code; and
(F)
added
enhance the activities carried out pursuant to the Military to Mariners Act of 2022 (section 11514 of division K of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263)); and
(3)
added
specifically consider the transition of servicemembers to employment in the shipbuilding and ship repair maritime industries.
Sec. 3682
Early maritime education and youth involvement
added
(a)
added
Secretary of the Navy budget request— In the Secretary of the Navy's annual budget submission to Congress, the Secretary of the Navy shall include, as a distinct item, the funding request for the United States Naval Sea Cadet Corps.
(b)
added
Engagement with elementary school and secondary school students— The Maritime Administrator shall encourage designated Centers of Excellence for Domestic Maritime Workforce Training and Education to engage with students in kindergarten through grade 12.
Sec. 3683
International scholarship for mariner and naval architecture exchanges
added
(a)
added
In general— The Maritime Administrator shall establish an international exchange program for mariners, naval architects, and marine engineers between the United States and countries described in subsection (b).
(b)
added
Eligible participants— In carrying out the program under this section, the Administrator shall limit participation to United States citizens and citizens of—
(1)
added
member countries of NATO;
(2)
added
treaty allies of the United States; and
(3)
added
major non-NATO allies of the United States.
(c)
added
Placements— In carrying out the program under this section, the Administrator shall seek corporate and government partners for placement of eligible participants of the program.
Sec. 3684
United States Merchant Marine Academy
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the United States Merchant Marine Academy, one of our Nation’s 5 Federal service academies, is vital to our national security, and modernizing the Academy's aging infrastructure and investing in faculty and students must be congressional priorities;
(2)
added
sufficient funding must be provided to enable the maximum student enrollment that the campus infrastructure of the United States Merchant Marine Academy can support; and
(3)
added
considering the Academy’s role as a co-equal military service academy, the United States Merchant Marine Academy should be included in the rotation of presidential attendance at graduations.
(b)
added
Campus modernization plan— Chapter 513 of title 46, United States Code, is amended by adding at the end the following:
added
“51329. Campus modernization plan
added
“(a) In general—Not later than 30 days after the date of enactment of this section, the Secretary shall implement the Department of Transportation’s 2025 Campus Modernization Plan for the phased rehabilitation, modernization, and construction of facilities and infrastructure at the United States Merchant Marine Academy.
added
“(b) Requirements—For the duration of the Campus Modernization Plan implemented under subsection (a), the Administrator shall ensure that the Academy remains fully operational.
added
“(c) Reporting—The Secretary of Transportation shall provide a briefing once every 6 months to the appropriate committees of Congress on the status of the implementation of the 2025 Campus Modernization Plan, as provided under subsection (a).”
(c)
added
Report on enrollment— Not later than 180 days after the date of enactment of this Act, the Maritime Administrator shall submit a report to the appropriate committees of Congress identifying the additional resources needed to increase enrollment at the United States Merchant Marine Academy.
Sec. 3685
State maritime academies
added
(a)
added
In general— Not later than 1 year after the date of enactment of this Act, the Maritime Administrator shall submit a report to Congress containing the results of a study to evaluate the additional resources needed to allow State maritime academies to increase enrollment and produce additional mariners.
(b)
added
Need for additional State maritime academies— Such study shall consider whether there is a need for additional State maritime academies in States that do not operate a maritime academy.
Sec. 3686
Enforcement of service obligation requirements
added
(a)
added
In general— The Maritime Administrator shall ensure that—
(1)
added
each citizen who is appointed as a cadet at the United States Merchant Marine Academy and signs a cadet commitment agreement under section 51306 of title 46, United States Code, meets the service obligation requirements of that agreement; and
(2)
added
each individual that signs a student incentive payment agreement under section 51509 of title 46, United States Code, meets the service obligation requirements under that agreement.
(b)
added
Reporting requirement— The Maritime Administrator shall establish an electronic system through which each individual with a service obligation under such section 51306 or 51509 (referred to in this section as a “service-obligated mariner”) shall annually demonstrate that they are meeting their service obligation or have a valid deferment consistent with section 51310 of title 46, United States Code, or section 51510 of title 46, United States Code, as applicable.
(c)
added
Notification of violation— The Maritime Administrator shall transmit a written notice to each service-obligated mariner who fails to meet the reporting requirement of subsection (b), notifying such individual of the applicable penalties established under section 51306 of title 46, United States Code, or section 51509 of title 46, United States Code, for failure to carry out the applicable service requirements, including cost recovery.
(d)
added
Report to Congress— Not later than 180 days after the date of enactment of this section, and annually thereafter, the Maritime Administrator shall submit to the appropriate committees of Congress a report on the status of all service-obligated mariners, which shall include—
(1)
added
information about how each service-obligated mariner is meeting their service obligation requirement, which shall be based on the results of the data collected under subsection (b);
(2)
added
the number of service-obligated mariners who have not met their service obligation and have not complied with the reporting requirement under subsection (b); and
(3)
added
the number of actions taken by the Maritime Administrator under sections 51306(b), 51306(d), 51306(f), and 51509(g) to recover costs from service-obligated mariners who have not demonstrated that they have met their service obligation requirements.
Sec. 3687
Fuel funding for training ships operated by State maritime academies
added
(a)
added
Conforming Amendment— Section 51504 of title 46, United States Code, is amended by striking subsection (f) and inserting the following:
added
“(f) Fuel costs—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training in accordance with section 51512.”
(b)
added
Amendment— Chapter 515 of title 46, United States Code, is amended by adding at the end the following:
added
“51512. Funding for training ships operated by State maritime academies
added
“(a) Fuel funding
added
“(1) In general—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel that is loaned to the State maritime academy in accordance with section 51504 while used for training.
added
“(2) Maximum amounts—The amount of the payment to a State maritime academy under subsection (a) may not exceed $20,000,000 for each of fiscal years 2027 through 2036.
added
“(3) Prohibition—Maritime academies that receive funding under subsection (a) may not—
added
“(A) profit from charging cadets to go to sea for their licensing when using federally provided fuel; or
added
“(B) utilize the vessel as housing for students outside of seasonal training cruises, unless students elect voluntarily to live aboard the vessel.
added
“(4) Requirement—Each State maritime academy that receives fuel costs under this section shall offer billets for liaison officers from each military service during the time such vessel is provided to that State maritime academy.
added
“(b) Crew
added
“(1) In General—Each State maritime academy shall make crew positions available on a vessel that is loaned to the State maritime academy for mariners enrolled in the United States Merchant Marine Career Retention Program established under section 52105.
added
“(2) Crew funding—For each crew slot filled by a mariner enrolled in the career retention program, as provided for under paragraph (1), the Secretary shall pay the crew costs for that mariner, subject to the availability of appropriations.”
(c)
added
Clerical amendment— The table of sections for chapter 515 of title 46, United States Code, is amended by adding at the end the following:
Sec. 3688
State Maritime Academy Sea Term Scholarship Programs
added
(a)
added
In General— Chapter 515 of title 46, United States Code, as amended by section 3700, is further amended by adding at the end the following:
added
“51513. State Maritime Academy Sea Term Scholarship Programs
added
“(a) In general—The Maritime Administrator shall work with private entities in the maritime industry to establish a scholarship program—
added
“(1) for students at State maritime academies to offset expenses associated with completion of a summer sea term to receive sea-time required to earn a Coast Guard license; and
added
“(2) which is entirely or predominantly funded through contributions from a private entity.
added
“(b) Contributed funds—The Maritime Administrator shall enter into a cooperative agreement, or other agreement, with private entities in the maritime industry to accept funding from private entities for the purpose of establishing such a scholarship program. The cooperative agreement may include any terms considered necessary by the Maritime Administrator.
added
“(c) Privileges—The Maritime Administrator may provide certain privileges to a private entity who contributes funds for a scholarship program under this section, including opportunities to provide information about employment opportunities with the private entity to students enrolled in the scholarship program.
added
“(d) Structure—In establishing a scholarship program to offset expenses associated with a summer sea term—
added
“(1) the Maritime Administrator may enter into an agreement with a student at a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses associated with completion of a summer sea term; or
added
“(2) the Maritime Administrator may enter into an agreement with a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses for all students who participate in a summer sea term program.
added
“(e) Relationship to financial assistance programs—Recognizing the need for licensed merchant mariners, the Maritime Administrator shall encourage participants of the financial assistance programs under part C of this subtitle, to enter into agreements under this section to establish scholarship programs to offset expenses associated with summer sea term.
added
“(f) Requirements for students—Any student who benefits from a scholarship program under this section shall enter into an agreement with the Maritime Administrator which requires the student to—
added
“(1) complete the course of instruction at the academy the individual is attending;
added
“(2) obtain a merchant mariner license, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
added
“(3) serve in a position that supports the foreign and domestic commerce and the national defense of the United States for at least 1 year after graduation from the academy—
added
“(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State; or
added
“(B) as a commissioned officer on active duty in an Armed Force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Maritime Administrator; and
added
“(4) report to the Maritime Administrator on compliance with this subsection.”
(b)
added
Clerical amendment— The table of sections for chapter 515 of title 46, United States Code, as amended by section 3700, is further amended by adding at the end the following:
Sec. 3689
Naval joint exercise involvement for training ships operated by State maritime academies
added
(a)
added
In general— The Secretary of the Navy, in coordination with the Maritime Administrator, shall, to the extent practicable, include in national and international maritime warfare exercises not less than 1 training vessel used by a State maritime academy and maintained pursuant to section 51504 of title 46, United States Code, in order to provide an opportunity to integrate merchant mariners with naval and military operations.
(b)
added
Participants— Subject to guidance issued by the Secretary of the Navy and Maritime Administrator, an individual may participate in the exercise aboard that training ship if the individual is—
(1)
added
a licensed merchant mariner; or
(2)
added
a student from the United States Merchant Marine Academy, a State maritime academy, a Center of Excellence for Domestic Maritime Workforce Training and Education, or a merchant marine center established under section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197), as added by section 3677 of this title.
(c)
added
Priority— In selecting participants under subsection (b) the Administrator shall give priority to students described in paragraph (2) of subsection (b).
(d)
added
Vessels— In coordination with the Secretary of the Navy, the Maritime Administrator shall rotate training vessels to ensure that each training vessel described in subsection (a) has an equal opportunity to participate in such exercises.
Sec. 3690
Merchant mariner credentialing modernization
added
(a)
added
Merchant mariner credentialing modernization— The Secretary of the department in which the Coast Guard is operating shall carry out necessary system and process changes to carry out the activities described in paragraphs (1) through (4).
(1)
added
Licensing, certification, and documentation database— Replacement of the merchant mariner licensing, certification, and documentation database such that the database allows for—
(A)
added
the electronic submission of merchant mariner credential applications (including sea service, professional qualifications, course completion data, safety and suitability, and medical records) and course approval requests;
(B)
added
direct submission of sea service information from employers and course completion data from training providers and other stakeholders to provide data securely and directly so that documentation does not need to be submitted later by the merchant mariner; and
(C)
added
the electronic processing and evaluation of information for the issuance of credentials and course approvals, including the capability for the Secretary to complete remote evaluation of the information submitted.
(2)
added
System for data exchange— Implementation of a system that provides for the exchange of data with government agencies and industry stakeholders, which provides the Maritime Administration and other agencies, as appropriate, anonymized and aggregated data showing the following:
(A)
added
The total amount of sea service for individuals with a valid merchant mariner credential.
(B)
added
The number of credentialed mariners by individual rating and the capability to filter data by endorsements.
(C)
added
Demographic information, including age, gender, ethnicity, and address or location.
(D)
added
National Maritime Center processing times.
(E)
added
The number of Coast Guard approved training providers, and, for each such training provider, the number of courses taken by individuals who have, or who are applying for, a merchant mariner credential from that training provider.
(3)
added
Public facing portal— Implementation of a system that includes a public facing portal in the .gov domain instead of the .mil domain to accept merchant mariner applicant information, including credential applications, course completion data, and course approval requests, that complies with the requirements for cybersecurity and privacy information of electronic systems in the .gov domain.
(4)
added
Examination processes— Upgrading the examination processes for merchant mariner examinations, by—
(A)
added
implementing an examination regime that provides for electronic and third party administration of examinations;
(B)
added
reassessing the content of tests through the development of job task analysis for all credentials; and
(C)
added
implementing a robust system to analyze examination data.
(b)
added
Report— The Secretary of the department in which the Coast Guard is operating shall submit—
(1)
added
an annual report to the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives, on the progress of the system and process changes required under subsection (a); and
(2)
added
a final report to those Committees 1 year after full operating capability of the complete system, comprised of all 4 systems required under subsection (a).
Sec. 3691
Inspections for transportation security
added
(a)
added
In General— Chapter 81 of part F of subtitle II of title 46, United States Code, is amended by adding at the end the following:
added
“8109. Inspections for transportation security
added
“(a) In General
added
“(1) Inspection—The Secretary shall periodically, but not less than once annually, inspect each covered facility to verify that the owner or operator of the covered facility has a valid exemption under subsection (c) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)).
added
“(2) Covered facility—In this subsection, the term covered facility means a vessel, rig, platform, or other vehicle or structure that, but for an exemption under subsection (c) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) would otherwise be subject to the regulations under subsection (a)(3) of such section.
added
“(b) Transportation security card—During an inspection under this section, the Secretary shall confirm that all crew members that are required to have a transportation worker identification credential pursuant to section 70105 have such a credential.”
(b)
added
Clerical amendment— The table of sections for chapter 81 of title 46, United States Code, is amended by adding at the end the following:
Sec. 3692
Renewal of merchant mariner licenses and documents
added
added
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
added
“(d) Renewal—With respect to any renewal of a valid merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), the validity period of such credential shall begin the day after the expiration of the current credential.”
Sec. 3693
Reactivation of expired license
added
(a)
added
In General— Chapter 75 of subtitle II of part E, of title 46, United States Code, is amended by adding at the end the following:
added
“7512. Authority for reactivation of United States Merchant Mariner credentials
added
“(a) Licenses and certificates of registry—Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may renew for not more than 2 years an expired license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the renewal is in response to a national emergency declared by Congress or declared under section 201 of the National Emergencies Act (50 U.S.C. 1621), as deemed necessary by the Secretary.
added
“(b) Merchant mariner documents—Notwithstanding section 7302(g), the Secretary may renew for not more than 2 years an expiring merchant mariner's document issued for an individual under chapter 73 if the Secretary determines that the renewal is in response to a national emergency proclaimed by the President or declared by Congress, as deemed necessary by the Secretary.
added
“(c) Manner of renewal—Any renewal granted under this section may be granted to individual seamen or a specifically identified group of seamen.”
(b)
added
Clerical amendment— The table of sections for chapter 75 of title 46, United States Code, is amended by adding at the end the following:
Sec. 4801
Short title
added
added
This division may be cited as the “Safeguard American Voter Eligibility Act” or the “SAVE America Act”.
Sec. 4802
Ensuring only citizens are registered to vote in elections for Federal office
added
(a)
added
Definition of documentary proof of United States citizenship— Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended—
(1)
added
by striking “As used” and inserting “(a) In general.—As used”; and
(2)
added
by adding at the end the following:
added
“(b) Documentary proof of United States citizenship—As used in this Act, the term documentary proof of United States citizenship means, with respect to an applicant for voter registration, any of the following:
added
“(1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States.
added
“(2) A valid United States passport.
added
“(3) The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States.
added
“(4) A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States.
added
“(5) A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following:
added
“(A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which—
added
“(i) was issued by the State, unit of local government, or Tribal government in which the applicant was born;
added
“(ii) was filed with the office responsible for keeping vital records in the State;
added
“(iii) includes the full name, date of birth, and place of birth of the applicant;
added
“(iv) lists the full names of one or both of the parents of the applicant;
added
“(v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born;
added
“(vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and
added
“(vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate.
added
“(B) An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States.
added
“(C) A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States.
added
“(D) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State.
added
“(E) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act.
added
“(F) An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.”
(b)
added
Application of requirements— Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended by striking subsection (b) and inserting the following:
added
“(b) Requiring applicants To present documentary proof of United States citizenship—Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.”
(c)
added
Registration with application for motor vehicle driver’s license— Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended—
(1)
added
in subsection (a)(1), by striking “Each State motor vehicle driver's license application” and inserting “Subject to the requirements under section 8(j), each State motor vehicle driver's license application”;
(2)
added
in subsection (c)(1), by striking “Each State shall include” and inserting “Subject to the requirements under section 8(j), each State shall include”;
(3)
added
in subsection (c)(2)(B)—
(A)
added
in clause (i), by striking “and” at the end;
(B)
added
in clause (ii), by adding “and” at the end; and
(C)
added
by adding at the end the following new clause:
added
“(iii) verify that the applicant is a citizen of the United States;”
(4)
added
in subsection (c)(2)(C)(i), by striking “(including citizenship)” and inserting “, including the requirement that the applicant provides documentary proof of United States citizenship”; and
(5)
added
in subsection (c)(2)(D)(iii), by striking “; and” and inserting the following: “, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and”.
(d)
added
Requiring documentary proof of United States citizenship with national mail voter registration form— Section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) is amended—
(1)
added
in subsection (a)(1)—
(A)
added
by striking “Each State shall accept and use” and inserting “Subject to the requirements under section 8(j), each State shall accept and use”; and
(B)
added
by striking “Federal Election Commission” and inserting “Election Assistance Commission”;
(2)
added
in subsection (b), by adding at the end the following: “The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.”;
(3)
added
in subsection (c)(1)—
(A)
added
in subparagraph (A), by striking “and” at the end;
(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) the person did not provide documentary proof of United States citizenship when registering to vote.”
(4)
added
by adding at the end the following new subsection:
added
“(e) Ensuring proof of United States citizenship
added
“(1) Presenting proof of United States citizenship to election official—An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) shall not be registered to vote in an election for Federal office unless—
added
“(A) the applicant presents documentary proof of United States citizenship in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or
added
“(B) in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election.
added
“(2) Notification of requirement—Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a), the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citizenship under this subsection, and shall include in the notice instructions to enable the applicant to meet the requirement.
added
“(3) Accessibility—Each State shall, in consultation with the Election Assistance Commission, ensure that reasonable accommodations are made to allow an individual with a disability who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) to present documentary proof of United States citizenship to the appropriate election official.”
(e)
added
Requirements for voter registration agencies— Section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (4)(A), by adding at the end the following new clause:
added
“(iv) Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State.”
(B)
added
in paragraph (6)—
(i)
added
in subparagraph (A)(i)(I), by striking “(including citizenship)” and inserting “, including the requirement that the applicant provides documentary proof of United States citizenship”;
(ii)
added
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(iii)
added
by inserting after subparagraph (A) the following new subparagraph:
added
“(B) ask the applicant the question, “Are you a citizen of the United States?” and if the applicant answers in the affirmative require documentary proof of United States citizenship prior to providing the form under subparagraph (C);”
(2)
added
in subsection (c)(1), by inserting “who are citizens of the United States” after “for persons”.
(f)
added
Requirements with respect to administration of voter registration— Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “In the administration of voter registration” and inserting “Subject to the requirements of subsection (j), in the administration of voter registration”; and
(B)
added
in paragraph (3)—
(i)
added
in subparagraph (B), by striking “or” at the end; and
(ii)
added
by adding at the end the following new subparagraphs:
added
“(D) based on documentary proof or verified information that the registrant is not a United States citizen; or
added
“(E) the registration otherwise fails to comply with applicable State law;”
(2)
added
by redesignating subsection (j) as subsection (l); and
(3)
added
by inserting after subsection (i) the following new subsections:
added
“(j) Ensuring only citizens are registered to vote
added
“(1) In general—Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship.
added
“(2) Requirement in cases of name discrepancies in documentation—Notwithstanding any other provision of law, a State shall accept and process an application to register to vote in an election for Federal office if the applicant—
added
“(A) presents with the application documentation that would constitute documentary proof of United States citizenship, except that the name on the documentation is not the name of the applicant; and
added
“(B) provides, through a process established by the State (which shall be subject to any relevant guidance adopted by the Election Assistance Commission)—
added
“(i) additional documentation as necessary to establish that the name on the documentation is a previous name of the applicant; or
added
“(ii) an affidavit signed by the applicant attesting that the name on the documentation is a previous name of the applicant.
added
“(3) Additional processes in certain cases
added
“(A) Process for those without documentary proof
added
“(i) In general—Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State.
added
“(ii) Affidavit requirement—If a State or local official makes a determination under clause (i) that an applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State, such determination shall be accompanied by an affidavit developed under clause (iii) signed by the official swearing or affirming the applicant sufficiently established United States citizenship for purposes of registering to vote.
added
“(iii) Development of affidavit by the Election Assistance Commission—The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under clause (ii), which shall—
added
“(I) include an explanation of the minimum standards required for a State or local official to register an applicant who cannot provide documentary proof of United States citizenship to vote in elections for Federal office in the State; and
added
“(II) require the official to explain the basis for registering such applicant to vote in such elections.
added
“(B) Process in case of certain discrepancies in documentation—Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant’s documentary proof of United States citizenship.
added
“(4) State requirements—Not later than 30 days after the date of the enactment of this subsection:
added
“(A) Each State shall take affirmative steps, on an ongoing basis, to ensure that only United States citizens are registered to vote under the provisions of this Act, and such affirmative steps shall include the establishment of a program described in subparagraphs (B) and (C).
added
“(B) Each State shall submit the complete, official list of individuals registered as eligible voters for Federal office in the State to the Department of Homeland Security for comparison through the Systematic Alien Verification for Entitlements (“SAVE”) system for the purposes of identifying individuals who are not citizens of the United States and taking the necessary steps to remove such individuals who are not citizens from the official list, after notice is given to such individuals and such individuals are given the opportunity to provide documentary proof of United States citizenship, but a State with a memorandum of agreement for such purposes with the Department of Homeland Security on the date of the enactment of this subsection may comply with this subparagraph by carrying out such purposes under the memorandum.
added
“(C) Each State may utilize such other sources of data available to the State for the purposes of identifying individuals who are not citizens of the United States and removing such individuals from the official list of eligible voters for Federal office in the State, including (but not limited to) the following:
added
“(i) State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants.
added
“(ii) Other sources, including databases and information provided pursuant to an agreement with the Commissioner of Social Security under section 205(r)(9) of the Social Security Act, which can be used to confirm United States citizenship status, except that any such information provided by the Commissioner may not be the sole grounds for the removal of an individual from the official list of eligible voters for elections for Federal office in a State.
added
“(5) Availability of information
added
“(A) In general—At the request of a State election official (including a request related to a process established by a State under paragraph (3)(A) or (3)(B)), any head of a Federal department or agency possessing information relevant to determining the eligibility of an individual to vote in elections for Federal office shall, not later than 24 hours after receipt of such request, provide the official with such information as may be necessary to enable the official to verify that an applicant for voter registration in elections for Federal office held in the State or a registrant on the official list of eligible voters in elections for Federal office held in the State is a citizen of the United States, which shall include providing the official with such batched information as may be requested by the official.
added
“(B) Use of SAVE system—The Secretary of Homeland Security may respond to a request received under paragraph (1) by using the system for the verification of immigration status under the applicable provisions of section 1137 of the Social Security Act (42 U.S.C. 1320b–7), as established pursuant to section 121(c) of the Immigration Reform and Control Act of 1986 (Public Law 99–603).
added
“(C) Sharing of information—The heads of Federal departments and agencies shall share information with each other with respect to an individual who is the subject of a request received under paragraph (A) in order to enable them to respond to the request.
added
“(D) Investigation for purposes of removal—The Secretary of Homeland Security shall conduct an investigation to determine whether to initiate removal proceedings under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) if it is determined pursuant to subparagraph (A) or (B) that an alien (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) is unlawfully registered to vote in elections for Federal office.
added
“(E) Prohibiting fees—The head of a Federal department or agency may not charge a fee for responding to a State’s request under paragraph (A).
added
“(k) Removal of noncitizens from registration rolls—A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen.”
(g)
added
Clarification of authority of State To remove noncitizens from official list of eligible voters—
(1)
added
In general— Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended—
(A)
added
by striking “or” at the end of subparagraph (A);
(B)
added
by adding “or” at the end of subparagraph (B); and
(C)
added
by adding at the end the following new subparagraph:
added
“(C) documentary proof or verified information that the registrant is not a United States citizen;”
(2)
added
Conforming amendment— Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking “(4)(A)” and inserting “(4)(A) or (C)”.
(h)
added
Requirements with respect to Federal mail voter registration form—
(1)
added
Contents of mail voter registration form— Section 9(b) of such Act (52 U.S.C. 20508(b)) is amended—
(A)
added
in paragraph (2)(A), by striking “(including citizenship)” and inserting “(including an explanation of what is required to present documentary proof of United States citizenship)”;
(B)
added
in paragraph (3), by striking “and” at the end;
(C)
added
in paragraph (4), by striking the period at the end and inserting “; and”; and
(D)
added
by adding at the end the following new paragraph:
added
“(5) shall include a section, for use only by a State or local election official, to record the type of document the applicant presented as documentary proof of United States citizenship, including the date of issuance, the date of expiration (if any), the office which issued the document, and any unique identification number associated with the document.”
(2)
added
Information on mail voter registration form— Section 9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended—
(A)
added
by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and
(B)
added
in subparagraph (C) (as so redesignated and as amended by paragraph (1)(C)), by striking “; and” and inserting the following: “, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who attempts to register to vote and makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and”.
(i)
added
Private right of action— Section 11(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by striking “a violation of this Act” and inserting “a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship,”.
(j)
added
Criminal penalties— Section 12(2) of such Act (52 U.S.C. 20511(2)) is amended—
(1)
added
by striking “or” at the end of subparagraph (A);
(2)
added
by redesignating subparagraph (B) as subparagraph (D); and
(3)
added
by inserting after subparagraph (A) the following new subparagraphs:
added
“(B) in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office;
added
“(C) registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or”
(k)
added
Special rule for States not requiring voter registration— Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503), as amended by subsection (b), is amended by adding at the end the following:
added
“(c) Special rule for States not requiring voter registration—In the case of a State or jurisdiction that does not require voter registration as a requirement to vote in an election for Federal office on or after the date of the enactment of this subsection, the State or jurisdiction shall be deemed to meet the requirements of this Act if the State or jurisdiction establishes a system for confirming the citizenship of individuals voting in an election for Federal office prior to the first day for voting with respect to such election and provides such confirmation of citizenship status for each eligible voter to election officials at the polling places during the voting period.”
(l)
added
Election Assistance Commission guidance— Not later than 10 days after the date of the enactment of this Act, the Election Assistance Commission shall adopt and transmit to the chief State election official of each State guidance with respect to the implementation of the requirements under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this section.
(m)
added
Inapplicability of Paperwork Reduction Act— Subchapter I of chapter 35 of title 44 (commonly referred to as the “Paperwork Reduction Act”) shall not apply with respect to the development or modification of voter registration materials under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this section, including the development or modification of any voter registration application forms.
(n)
added
Duty of Secretary of Homeland Security To notify election officials of naturalization— Upon receiving information that an individual has become a naturalized citizen of the United States, the Secretary of Homeland Security shall promptly provide notice of such information to the appropriate chief election official of the State in which such individual is domiciled.
(o)
added
Rule of construction regarding provisional ballots— Nothing in this section or in any amendment made by this section may be construed to supercede, restrict, or otherwise affect the ability of an individual to cast a provisional ballot in an election for Federal office or to have the ballot counted in the election if the individual is verified as a citizen of the United States pursuant to section 8(j) of the National Voter Registration Act of 1993 (as added by subsection (f)).
(p)
added
Rule of construction regarding effect on State exemptions from other Federal laws— Nothing in this section or in any amendment made by this section may be construed to affect the exemption of a State from any requirement of any Federal law other than the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).
(q)
added
Exception for absent uniformed services voters— The requirements in this section shall not apply with respect to an applicant who is an absent uniformed services voter, as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)).
(r)
added
Effective date— This section and the amendments made by this section shall take effect on the date of the enactment of this section, and shall apply with respect to applications for voter registration which are submitted on or after such date.
Sec. 4803
Requiring voters to provide photo identification
added
(a)
added
Requirement to provide photo identification as condition of casting ballot—
(1)
added
In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section:
added
“303A. Photo identification requirements
added
“(a) Provision of identification required as condition of casting ballot
added
“(1) Individuals voting in person
added
“(A) Requirement to provide identification—Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a valid physical photo identification.
added
“(B) Availability of provisional ballot
added
“(i) In general—If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless, not later than 3 days after casting the provisional ballot, the individual presents to the official—
added
“(I) the identification required under subparagraph (A); or
added
“(II) an affidavit developed and made available to the individual by the State attesting that the individual does not possess the identification required under subparagraph (A) because the individual has a religious objection to being photographed.
added
“(ii) No effect on other provisional balloting rules—Nothing in clause (i) may be construed to apply to the casting of a provisional ballot pursuant to section 302(a) or any State law for reasons other than the failure to present the identification required under subparagraph (A).
added
“(2) Individuals voting other than in person
added
“(A) In general—Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot—
added
“(i) a copy of a valid photo identification; or
added
“(ii) the last four digits of the individual’s Social Security number and an affidavit developed and made available to the individual by the State attesting that the individual is unable to obtain a copy of a valid photo identification after making reasonable efforts to obtain such a copy.
added
“(B) Exceptions—Subparagraph (A) does not apply with respect to a ballot provided by—
added
“(i) an absent uniformed services voter, as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)); or
added
“(ii) an individual provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)).
added
“(b) Providing public access to digital imaging devices—With respect to each State, the appropriate State or local government official of the State shall ensure, to the extent practicable, public access to a digital imaging device, which shall include a printer, copier, image scanner, or multifunction machine, at State and local government buildings in the State, including courts, libraries, and police stations, for the purpose of allowing individuals to use such a device at no cost to the individual to make a copy of a valid photo identification.
added
“(c) Valid photo identifications described—For purposes of this section, a “valid photo identification” means, with respect to an individual who seeks to vote in a State, any of the following:
added
“(1) A valid State-issued motor vehicle driver’s license that includes a photo of the individual and an expiration date.
added
“(2) A valid State-issued identification card that includes a photo of the individual and an expiration date issued by a State motor vehicle authority.
added
“(3) A valid United States passport for the individual.
added
“(4) A valid military identification for the individual.
added
“(5) A valid identification document issued by a Tribal government that includes a photo of the individual and an expiration date.
added
“(d) Notification of identification requirement to applicants for voter registration
added
“(1) In general—Each State shall ensure that, at the time an individual applies to register to vote in elections for Federal office in the State, the appropriate State or local election official notifies the individual of the photo identification requirements of this section.
added
“(2) Special rule for individuals applying to register to vote online—Each State shall ensure that, in the case of an individual who applies to register to vote in elections for Federal office in the State online, the online voter registration system notifies the individual of the photo identification requirements of this section before the individual completes the online registration process.
added
“(e) Effective date—This section shall take effect on the date of the enactment of this section, and shall apply with respect to elections for Federal office held on or after such date.”
(2)
added
Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item:
(b)
added
Conforming amendment relating to voluntary guidance by Election Assistance Commission— Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended—
(1)
added
by striking “and” at the end of paragraph (2);
(2)
added
by striking the period at the end of paragraph (3) and inserting “; and”; and
(3)
added
by adding at the end the following new paragraph:
added
“(4) in the case of the recommendations with respect to section 303A, October 1, 2025.”
(c)
added
Conforming amendment relating to enforcement— Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, 303, and 304” and inserting “subtitle A of title III”.
(d)
added
Effective Date— This section and the amendments made by this section shall take effect on the date of the enactment of this section, and shall apply with respect to elections for Federal office held on or after such date.