H.R. 8800 — what changed

added In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

added Section 8062(b) of title 10, United States Code, is amended—

added “(2) In this subsection, the term temporarily unavailable, when used with respect to an amphibious warfare ship, means that the ship has not surpassed its planned availability by a margin of—

added “(A) greater than 100 percent of the nominal duration of that availability in 2026 or 2027;

added “(B) greater than 75 percent of the nominal duration of that availability in 2028 or 2029;

added “(C) greater than 50 percent of the nominal duration of that availability in 2030 or 2031; and

added “(D) greater than 25 percent of the nominal duration of that availability in 2032 or any year thereafter.”

added Section 126 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 755) is amended—

added “(b) Authority to use incremental funding—In exercising the authority under subsection (a), the Secretary of the Navy may enter into incrementally funded contracts for the procurement of covered components that are long lead-time items.”

added The Secretary of the Navy may not enter into a contract or other agreement that includes a scope of work for the construction of the lead ship of the Battleship program until the date on which the Secretary certifies to the congressional defense committees that the weapon systems planned for inclusion in such lead ship are at a sufficiently mature technology readiness level.

added “(i)

added “(1) 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 “(2) In this subsection:

added “(A) The term fighter aircraft—

added “(i) means an aircraft that—

added “(I) is designated by a mission design series prefix of F– or A–;

added “(II) is manned by one or two crewmembers; and

added “(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

added “(ii) does not include collaborative combat aircraft.

added “(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.”

added Section 9062(k)(1) of title 10, United States Code, is amended by striking “September 30, 2027” and inserting “September 30, 2032”.

added Section 137(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 174) is amended—

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Air Force for the procurement of C–37 aircraft, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees—

added Beginning in fiscal year 2027, the Secretary of Defense shall establish the goal that the total amount of funds obligated for the procurement of products and services from nonprofit concerns pursuant to chapter 85 of title 41, United States Code, in a fiscal year is equal to not less than one percent of the total amount of funds obligated for all procurement contracts entered into by the Department of Defense in such fiscal year.

added Section 133a of title 10, United States Code, is amended—

added “(6) in addition to the duties described in subsection (c), promulgating guidance and recommended standards on adequate levels of science and technology spending by elements of the Department of Defense with responsibilities associated with basic research, applied research, and advanced technology development (budget activities 6.1 through 6.3, respectively, as set forth in the Department of Defense Financial Management Regulation (DOD 7000.14-R), or any successor budget classification) and developmental test and evaluation that could be incorporated into budget and planning guidance of the Department as appropriate.”

added “(c) Budget review and certification

added “(1) Transmittal—The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the Secretaries of the military departments and the heads of the Defense Agencies with responsibilities associated with basic research, applied research, and advanced technology development (budget activities 6.1 through 6.3, respectively, as set forth in the Department of Defense Financial Management Regulation (DOD 7000.14-R), or any successor budget classification) and developmental test and evaluation to transmit the proposed budget for such activities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Under Secretary of Defense for Research and Engineering for review under paragraph (2) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).

added “(2) Report and certification—The Under Secretary of Defense for Research and Engineering shall review each proposed budget transmitted under paragraph (1) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Under Secretary of Defense for Research and Engineering with respect to all such proposed budgets, together with the certification of the Under Secretary regarding whether each proposed budget is adequate.

added “(3) Report to Congress—Not later than 15 days after the date on which the budget of the President for each fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Secretary of Defense shall submit to Congress a report specifying each proposed budget contained in the most-recent report submitted under paragraph (2) that the Under Secretary of Defense for Research Engineering did not certify to be adequate. The report of the Secretary shall include the following matters:

added “(A) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets specified in the report.

added “(B) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.”

added Section 139 of title 10, United States Code, is amended—

added “(l) The Director shall have a sufficient number of Deputy Directors to supervise the activities of the Office and to carry out the duties and responsibilities prescribed by law. Each such Deputy Director shall be a appointed from the Senior Executive Service.”

added Section 4022 of title 10, United States Code, is amended by striking subsection (i).

added “(11) Coordinate with the portfolio acquisition executives of the Army, Navy, Air Force, Marine Corps, and Space Force to—

added “(A) identify priority acquisition problems and capability needs and gaps;

added “(B) identify platforms, capabilities, and solutions developed by entities working with the Unit that have the potential to address the priority acquisition problems and capability needs and gaps identified under subparagraph (A); and

added “(C) assist such portfolio acquisition executives in establishing and carrying out programs for the acquisition of such platforms, capabilities, and solutions.”

added “(G) To carry out the activities described in subsections (j) and (k).”

added “(j) Repository of test and evaluation facilities

added “(1) The Director shall establish and maintain a digital repository that identifies and provides relevant information on all testing and evaluation facilities in the United States that could be made available for use by the Department of Defense and qualified partners for the testing and evaluation of weapon systems and innovative technologies.

added “(2) The repository established under paragraph (1) shall—

added “(A) identify all testing and evaluation facilities that meet the criteria specified in paragraph (1), including—

added “(i) facilities owned or operated by the Federal Government, including—

added “(I) facilities in the Major Range and Test Facility Base;

added “(II) facilities not included in the Major Range and Test Facility Base; and

added “(III) National Guard facilities; and

added “(ii) facilities owned or operated by—

added “(I) State or local governments;

added “(II) academic institutions;

added “(III) nonprofit organizations; or

added “(IV) for-profit entities; and

added “(B) with respect to each testing and evaluation facility identified in the repository, provide—

added “(i) a description of the facility, including a description of the capabilities and instrumentation available at the facility;

added “(ii) points of contact for scheduling range time at the facility; and

added “(iii) such other information as the Director determines appropriate.

added “(3) The Director shall update the repository under paragraph (1) not less frequently than annually.

added “(4) The Director shall make the repository established under paragraph (1) accessible to such elements of the Department of Defense and qualified partners as the Director determines appropriate.

added “(k) Authority to establish regional test and evaluation hubs

added “(1) The Director may establish and maintain regional test and evaluation hubs at locations within and outside the United States for purposes of facilitating or conducting test and evaluation activities.

added “(2) In the event the Director exercises the authority to establish and maintain regional test and evaluation hubs under paragraph (1), the Director shall develop a strategy and criteria for the selection of locations for such hubs, which shall include consideration of whether the geographic region served by the hub provides an environment conducive to the simulation of realistic threats and environmental conditions.”

added “(1) The term”

added “(2) The term qualified partner means an entity that the Director determines—

added “(A) is engaged in the development of capabilities for the Department of Defense, such as a contractor, academic institution, or other private sector organization; and

added “(B) is qualified to conduct test and evaluation activities at a facility described in subsection (j) or a regional test and evaluation hub described in subsection (k).”

added Section 228 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 786; 10 U.S.C. 4001 note) is amended—

added “(3) The Secretary shall, not later than two years after the date of the enactment of this Act, select not fewer than three additional weapon system platforms for participation in the demonstration.”

added “(B) The results of the evaluation carried out under subsection (c)(1) and any pilot efforts carried out under subsection (c)(2).”

added “(c) Operational integration—The Secretary of Defense shall—

added “(1) evaluate opportunities to integrate data collected and analyzed from the demonstration into command and control, logistics, sustainment, and maintenance systems of the Department of Defense, prioritizing systems with the greatest operational value; and

added “(2) conduct pilot efforts to integrate the monitoring capabilities included in the demonstration into the platforms included in the demonstration, as appropriate.”

added “(e) Duration of authority—The authority provided under this section shall remain in effect until September 30, 2028.”

added Section 221 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599) is amended—

added “(f) Delivery date defined—In this section, term “delivery date” has the meaning given that term in section 8671 of title 10, United States Code.”

added Section 321(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C. note prec. 8751) is amended by striking “needed capacity of the reactor is in the range of 20MW to 300MW” and inserting “needed capacity of the reactor is a minimum of 20MW”.

added Section 222c of title 10, United States Code, is amended—

added “(b) Quarterly reports—At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, and on a quarterly basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report setting forth munitions inventory numbers current as of the date of the submission of such report, presented in the aggregate and disaggregated by armed force.”

added Section 2208(k)(2) of title 10, United States Code, is amended by striking “installation or a science and technology reinvention laboratory and not less than $250,000 for procurements at all other facilities” and inserting “installation, science and technology reinvention laboratory, or any other facility”.

added “2224b. Civil Reserve Industrial Base

added “(a) In general—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish the Civil Reserve Industrial Base program under which the Secretary shall enter into agreements under subsection (c) with covered commercial facilities—

added “(1) to enhance the availability and responsiveness of sustainment and repair capabilities in support of military operations; and

added “(2) to strengthen the collaboration during peacetime between the Department of Defense and the defense industrial base in theater by leveraging the capacity of covered commercial facilities and the co-sustainment capabilities of allies and partners of the United States, including through the assignment of recurring low-volume or mid-volume workloads, to ensure the availability of logistics, sustainment, and repair surge capacity during contingency operations.

added “(b) Program elements—In carrying out this section, the Secretary shall—

added “(1) identify covered commercial facilities that are located within the area of operations of each of the geographic combatant commands, including facilities in allied and partner nations;

added “(2) develop arrangements to store, maintain, and manage replenishment parts and related equipment at covered commercial facilities identified under paragraph (1) that enter into agreements with the Secretary under subsection (c);

added “(3) enter into agreements under subsection (c) with such facilities under which such facilities agree to provide peacetime workload or sustainment activities or receive other incentives to ensure such facilities and personnel employed by such facilities remain qualified, ready, and available to support contingency operations; and

added “(4) integrate the participating facilities and the capabilities such facilities provide into the product support strategy developed in accordance with section 4324 of this title, other relevant sustainment planning, logistics posture efforts, and the operational plans of the geographic combatant commands.

added “(c) Agreements—In carrying out this section, the Secretary of Defense may enter into contracts, grants, cooperative agreements, or other appropriate agreements with covered commercial facilities under which such facilities agree to provide for the storage, maintenance, repair, overhaul, and distribution of replenishment parts and related equipment. An agreement under this subsection may—

added “(1) provide for the use of commercial facilities and personnel during peacetime and contingency operations;

added “(2) include terms addressing force protection, continuity of operations, and security requirements;

added “(3) provide for the sustainment of capability through recurring peacetime workload, as appropriate;

added “(4) provide for support for commercial entities headquartered in the United States in order to provide surge operational support when required by the Secretary; and

added “(5) support and encourage the negotiation of voluntary license agreements directly between original equipment manufacturers and third parties in accordance with section 3771(b)(9)(C) of this title.

added “(d) Contractor and subcontractor technical data—Sections 3771 through 3775 of this title shall apply to contractor and subcontractor technical data in contracts or agreements entered into under this section.

added “(e) Definitions—In this section:

added “(1) The term covered commercial facility means a commercial facility owned by a United States entity that is capable of providing one or more of the following:

added “(A) Warehousing and secure storage.

added “(B) Supply chain management and distribution.

added “(C) Maintenance, repair, and overhaul.

added “(D) Repairable management, component repair, and test capability.

added “(E) Other sustainment-related capabilities identified by the Secretary.

added “(2) The term replenishment parts means repair parts, components, or other items to support the sustainment of Department of Defense systems and equipment through replacement, repair, or overhaul.”

added Section 2476(a)(1) of title 10, United States Code, is amended by striking “the preceding three fiscal years” and inserting “the preceding fiscal year, the current fiscal year, and the estimated amount for the following fiscal year”.

added Section 2476(f)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

added “(J) Crane Army Ammunition Activity, Indiana.”

added Section 2641b of title 10, United States Code, is amended—

added “(g) Purchased transportation to and from United States Naval Station Guantanamo Bay, Cuba

added “(1) Notwithstanding subsection (b), an individual eligible for the travel program under subsection (c)(1) and stationed at United States Naval Station Guantanamo Bay, Cuba, may purchase transportation on Department of Defense aircraft, at commercially-competitive rates as determined by the Secretary of Defense, for travel to and from Naval Station Guantanamo Bay on a space-available basis.

added “(2) An individual who purchases transportation pursuant to paragraph (1) shall receive a priority consistent with members of the armed forces traveling in a space-required status, as determined by the Secretary.

added “(3) Amounts collected pursuant to paragraph (1) for transportation shall be credited to the applicable appropriation of the Armed Force providing such transportation, shall be merged with funds in the appropriation to which credited, and shall be available for the same purposes and period as the appropriation with which merged.”

added Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(k) Sustainable aviation fuel procurement—The Secretary of Defense may procure sustainable aviation fuel for operational or training purposes at a cost that exceeds the cost of conventional petroleum based aviation fuel.”

added Section 346 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended—

added “(c) Deadline for implementation—The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief of Staff of the Air Force, shall implement the pilot program under this section, by not later than 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027.”

added “(e) Responsibility—Beginning on the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief of Staff of the Air Force, shall be responsible for carrying out the pilot program under this section.

added “(f) Briefing—Not later than January 1, 2028, the Under Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the pilot program under this section. Such briefing shall address—

added “(1) outcomes and performance metrics of the pilot program;

added “(2) any barriers identified for integration of the pilot program into operational planning; and

added “(3) recommendations regarding continuation, modification, or expansion of the pilot program.”

added “116. Center for the Study of the National Guard

added “(a) Establishment—The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the “Center for the Study of the National Guard” at an appropriate academic institution that—

added “(1) maintains an established relationship with the National Guard Bureau;

added “(2) possesses a strong academic program in military history; and

added “(3) is situated in proximity to a major National Guard installation.

added “(b) Responsibilities—The Center for the Study of the National Guard shall—

added “(1) serve as the principal repository for historical documents, oral histories, and other records related to the National Guard;

added “(2) conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard;

added “(3) facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and

added “(4) support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under this title and title 10.

added “(c) Collaboration and support—The Chief of the National Guard Bureau may—

added “(1) collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history;

added “(2) provide historical documents, records, and resources to support the research and archival efforts of the Center; and

added “(3) facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness.

added “(d) Public-private partnership—The Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government.”

added “2582. Disposition of accountable property in designated theaters of operation

added “(a) Reporting requirement—Not later than 60 days after initiating any significant force reposturing or withdrawal within or from a covered theater of operations, the Secretary of Defense shall submit to the congressional defense committees a report that includes, with respect to accountable property used in connection with the operations associated with such reposturing or withdrawal, the following elements:

added “(1) A comprehensive inventory of such property (including, to the extent practicable, the serial number and end-item identity of any such property that is a controlled inventory item), including an identification of—

added “(A) whether such property remains under the custody and control of the United States;

added “(B) to the extent known and consistent with available records, whether such property was previously sold or otherwise transferred to an ally or partner of the United States;

added “(C) whether the Secretary has proposed a disposition for such property and if so, which disposition; and

added “(D) to the extent known or assessed, the status of such property, including, if known, the disposition of such property and the end user of such property.

added “(2) For each category of major defense equipment, an assessment of the feasibility, timeline, operational effect, and security, accountability, and end-user monitoring considerations, associated with potential dispositions for accountable property within each such category.

added “(3) For any covered disposition assessed under paragraph (2), a description of any operational or logistical constraint rendering other dispositions unfeasible or impracticable.

added “(4) For each potential disposition for accountable property assessed as feasible pursuant to paragraph (2), an estimate of the incremental costs of such option relative to baseline costs of withdrawal and redeployment activities, including an identification of—

added “(A) costs associated with the shipping and handling of such property; and

added “(B) costs associated with the sustainment and storage for such property.

added “(5) A plan to mitigate the risk of diversion or misuse resulting from dispositions of accountable property that includes the following:

added “(A) An identification of relevant end-use monitoring requirements of the Department of Defense, including the office of the Department responsible for implementing such requirements, the frequency of monitoring under such requirements, and any procedures for addressing noncompliance with such requirements, including in the event of the loss of the property.

added “(B) An identification of any feasible remote disablement capability that may be used with respect to such property, and, for any such capability the use of which is not feasible, an explanation of any technical, operational, or legal constraints to such use.

added “(C) Procedures for the implementation of the plan with respect to accountable property that is sensitive technology (including communications security items, cryptographic material, biometrics collection devices, and associated databases) prior to determining a disposition for such technology.

added “(D) A plan to secure, retrieve, disable, or otherwise neutralize accountable property in the event of the ally or partner of the United States to which such property was sold or transferred experiencing a collapse or regime change.

added “(E) A chain-of-custody plan for the transport, storage, and transfer of accountable property, including an identification of responsible units, storage site controls, and inspection checkpoints.

added “(6) For any accountable property previously sold or otherwise transferred to an ally or partner of the United States, or proposed to be so sold or transferred, an assessment of the following:

added “(A) The capacity of the end user, or prospective end user, to sustain such property absent support by the United States Armed Forces or contractors of the Department of Defense.

added “(B) To the extent practicable, whether the end user, or prospective end user—

added “(i) has been subject to any security vetting or monitoring by the Secretary, including an identification of any period of continuous monitoring;

added “(ii) maintains effective command-and-control structures; or

added “(iii) is subject to infiltration, coercion, or substantial influence by any foreign terrorist organization or other hostile actor.

added “(C) The effect, or anticipated effect, of the sale or transfer on morale and retention with respect to the United States Armed Forces.

added “(D) Whether there is a history of accountable property previously sold or transferred to the ally or partner being diverted to an unauthorized end user, including, as applicable, an identification of any such prior diversion, the assessed end user, and the quantity and type of any major defense equipment so diverted.

added “(E) The risk of the ally or partner experiencing rapid collapse.

added “(7) An assessment of the significant force reposturing or withdrawal with respect to applicable lessons learned from the operations of United States Armed Forces in Iraq in 2014, and the withdrawal of such forces from Afghanistan in 2021, including an assessment of—

added “(A) specific decision points with respect to such operations in which diversion risk was underestimated; and

added “(B) any mitigation measures that would have reduced such risk.

added “(b) Notification of certain sales and transfers—Not later than 30 days after the date of a sale or transfer of accountable property in connection with a significant force reposturing or withdrawal within or from a covered theater of operations, the Secretary of Defense shall submit to the congressional defense committees a notification the contains, to the extent known—

added “(1) a description of the accountable property sold or otherwise transferred;

added “(2) a description of the end user of such property; and

added “(3) a certification of the conduct of the assessment required under paragraph (1)(A).

added “(c) Senior approval requirement

added “(1) The Secretary of Defense or the Deputy Secretary of Defense shall approve, in writing, any determination to proceed with a disposition described in paragraph (2) for accountable property with an aggregate replacement value exceeding $10,000,000.

added “(2) A disposition described in this paragraph is, with respect to accountable property, the abandonment or loss of such property without continuous custody and control by the United States or a partner or ally of the United States, the destruction of such property, or the demilitarization of such property.

added “(d) Annual report and notification requirements

added “(1) Not later than one year after the date of the enactment of this section, and annually thereafter for five years, the Secretary of Defense shall submit to the congressional defense committees a report containing, with respect to the year preceding the date of submission of the report, the following:

added “(A) A summary of the dispositions of accountable property in covered theaters of operation, including any covered dispositions.

added “(B) A summary of any incidents in which major defense equipment was diverted, including an identification of the quantity and type of equipment so diverted and, to the extent practicable, the assessed end user.

added “(C) A summary of risk mitigation measures implemented, consistent with the plan under subsection (a)(5).

added “(D) Any material changes in the resilience of allies or partners of the United States relevant to determinations regarding dispositions for accountable property, including with respect to the risk of infiltration or diversion.

added “(2) Not later than 30 days after any date on which the Secretary of Defense becomes aware of a collapse of an ally or partner force or other event that the Secretary determines materially increases the risk of accountable property being diverted in a covered theater of operations, the Secretary shall submit to the congressional defense committees written notification that includes a description of the event, the categories of property at risk of diversion, and any mitigation measure implemented.

added “(3)

added “(A) Not later than 30 days after any date on which the Secretary of Defense becomes aware that accountable property subject to a covered disposition in a covered theater of operations has been diverted and used in an attack conducted by a foreign terrorist organization or other hostile actor against the United States, allies or partners of the United States, or local populations, the Secretary shall submit to the congressional defense committees a written notification.

added “(B) Each notification under subparagraph (A) shall include, to the extent practicable—

added “(i) an identification of the accountable property used in the attack;

added “(ii) an identification of the date on which, and the location from which, the property left the custody and control of the United States or an ally or partner of the United States;

added “(iii) an attribution as to the actor responsible for the attack; and

added “(iv) the total number of casualties caused by the attack.

added “(e) Form of reports—Each report required under this section shall be submitted in unclassified form but may include a classified annex.

added “(f) Definitions—In this section:

added “(1) The term accountable property means any accountable property of the Department of Defense, as described in Department of Defense Instruction 5000.64, titled “Accountability and Management of DoD Equipment and Other Accountable Property” and dated June 10, 2019 (or any such successor instruction).

added “(2) The term aggregate replacement value, with respect to accountable property, means the total replacement value of such property as reflected in property accountability systems of the Department of Defense, or, if not recorded therein, the best available estimate for such value as determined by the Secretary.

added “(3) The term controlled inventory item means any item designated as such pursuant to Department of Defense Instruction 5000.64, titled “Accountability and Management of DoD Equipment and Other Accountable Property” and dated June 10, 2019 (or any such successor instruction).

added “(4) The term covered disposition, with respect to accountable property—

added “(A) means disposition of such property other than a retrograde, destruction, demilitarization, sale, or other transfer, carried out in accordance with applicable provisions of law; and

added “(B) includes the abandonment of such property without continuous custody and control by the United States or a partner or ally of the United States.

added “(5) The term covered theater of operations means any geographic area designated by the Secretary of Defense for purposes of this section in which the United States Armed Forces are conducting contingency operations, advising or assisting ally or partner forces engaged in hostilities, or conducting operations in an environment with respect to which the Secretary determines there is a material risk of the loss or abandonment of such property without continuous custody and control by the United States or a partner or ally of the United States as a result of armed conflict, terrorist activity, collapse of an ally or partner force, or seizure by a hostile actor, taking into account any history of diversion of such property to an unauthorized end user.

added “(6) The term disposition, with respect to accountable property, includes the retrograde, destruction, demilitarization, sale, transfer, loss, and abandonment of such property.

added “(7) The term foreign terrorist organization means an organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

added “(8) The term major defense equipment has the meaning given such term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

added “(9) The term significant force reposturing or withdrawal means a reduction, redeployment, or consolidation of the United States Armed Forces that the Secretary of Defense determines is significant for purposes of this section, including any action that—

added “(A) closes, transfers, or materially reduces the capacity of a facility of the Department of Defense;

added “(B) results in the disposition of accountable property with an aggregate value exceeding $10,000,000; or

added “(C) reduces United States Armed Forces personnel levels by more than 20 percent in a given covered theater of operations over a 90-day period.”

added Chapter 157 of title 10, United States Code, is amended by inserting after section 2631a the following new section:

added “2631b. Certification regarding affiliations with Chinese military companies for surface transportation contracts

added “(a) Certification required

added “(1) No contract for the transportation of cargo by motor carrier for the Department of Defense (including contracts awarded by the United States Transportation Command or the Military Surface Deployment and Distribution Command) may be awarded to, or performed by, any covered carrier unless such covered carrier submits a certification described in subsection (b).

added “(2) The requirement under paragraph (1) shall apply to prime contractors, subcontractors, and owner-operators at all tiers.

added “(b) Contents of certification—A certification under this section shall state that, to the best of the covered carrier's knowledge after reasonable inquiry—

added “(1) the covered carrier is not owned or controlled by, and does not have significant business relationships with, any entity identified on the most recent list of Chinese military companies required 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); and

added “(2) the covered carrier will require the same certification from any subcontractor or owner-operator it engages for performance of the contract.

added “(c) Flow-down and recordkeeping—Prime contractors shall include the substance of this certification requirement in all subcontracts and lease agreements for Department of Defense freight transportation. Covered carriers shall maintain records of certifications for not less than 5 years.

added “(d) Penalties—Any covered carrier that knowingly provides a false certification under this section shall be subject to suspension or debarment from Department of Defense contracting and civil penalties under section 1001 of title 18.

added “(e) Implementation—The Secretary of Defense shall prescribe regulations to implement this section not later than 180 days after the date of the enactment of this section, including integration into existing carrier approval processes of the Military Surface Deployment and Distribution Command.

added “(f) Definitions—In this section:

added “(1) Covered carrier—The term covered carrier means any motor carrier, subcontractor, or owner-operator providing surface transportation services.

added “(2) Significant business relationships—The term significant business relationships shall have the meaning given by the Secretary of Defense in regulations.”

added “140 Secure Defense Freight Carrier Registry

added “14001. Definition of registry

added “In this chapter, the term registry means the Secure Defense Freight Carrier Registry established under section 14002.

added “14002. Establishment of registry

added “Not later than 1 year after the date of the enactment of this chapter, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administration and in coordination with the Secretary of Defense, shall establish and maintain a registry, to be known as the “Secure Defense Freight Carrier Registry”, of motor carriers approved to transport freight for the Department of Defense.

added “14003. Eligibility and approval

added “(a) Eligibility requirements—To be included in the registry, a motor carrier shall—

added “(1) hold valid operating authority from the Federal Motor Carrier Safety Administration;

added “(2) meet all applicable Department of Defense carrier qualification standards;

added “(3) undergo enhanced national security vetting, including—

added “(A) screening for ownership, control, or significant business relationships with—

added “(i) an entity identified on the list maintained by the Department of Defense under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283); or

added “(ii) any other foreign adversary entity designated by the Secretary of Defense; and

added “(B) verification that drivers and personnel with access to Department of Defense freight meet security standards comparable to those required under Transportation Worker Identification Credential programs or other relevant Federal security programs; and

added “(4) submit to periodic revetting not less frequently than once every 2 years.

added “(b) Application and approval process

added “(1) In general—The Secretary shall establish a streamlined application process for inclusion on the registry.

added “(2) Requirement—The process established under paragraph (1) shall include coordination with existing Department of Defense carrier approval systems.

added “14004. Use of registry

added “(a) Prohibition—Subject to subsection (b), beginning 1 year after the date of the enactment of this chapter, a motor carrier may not bid on or perform a Department of Defense freight transportation contract unless the motor carrier is included in the registry.

added “(b) Waivers—The Secretary of Defense may grant waivers from the prohibition under subsection (a) for exigent circumstances.”

added “2655. Property owned, possessed, or shipped by the Department of Defense: protection from lien, arrest, or seizure during shipment

added “(a) Prohibition—No carrier, port agent, warehouseman, freight forwarder, broker, or other person involved in the transportation of cargo owned, possessed, or shipped by the Department of Defense may have any lien on, or hold, impound, or otherwise interfere with the transportation of, such cargo.

added “(b) Exemption from arrest or seizure—The following are not subject to lien, arrest, or seizure by judicial process in the United States:

added “(1) A vessel, aircraft, motor vehicle, rail car, or other conveyance owned by, possessed by, or operated by or for the Department of Defense.

added “(2) Cargo owned, possessed, or shipped by the Department of Defense.

added “(c) Authority to accomplish delivery—The Secretary of Defense may take such actions as may be necessary to recoup, recover, arrange for, or accomplish transportation and delivery of cargo owned, possessed, or shipped by the Department of Defense.

added “(d) Delay of shipment for undeclared, mispackaged, or mislabeled hazardous material—Nothing in this section shall preclude a carrier from stopping the movement of undeclared, mispackaged, mislabeled, or otherwise noncompliant hazardous material shipments until the hazardous material is properly offered for transportation in accordance with section 5103 of title 49 and regulations prescribed under that section.

added “(e) Arrest or seizure of property pursuant to Federal criminal or forfeiture law—Nothing in this section shall preclude the United States from arresting or seizing personal property of a member of the armed forces or employee of the Department of Defense pursuant to Federal criminal or forfeiture law.

added “(f) Definitions—In this section:

added “(1) The term broker means a person, other than a carrier or an employee or agent of a carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by carrier for compensation.

added “(2) The term carrier means a person, including a freight forwarder, that transports passengers or property in commerce by pipeline, rail, motor, air, or water.

added “(3) The term freight forwarder means a person holding such person out to the general public (other than as a pipeline, rail, motor, air, or water carrier) to provide transportation of property for compensation and in the ordinary course of the business of such person—

added “(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; and

added “(B) assumes responsibility for the transportation from the place of receipt to the place of destination.”

added Chapter 861 of title 10, United States Code, is amended by adding at the end the following new section:

added “8617B. United States Marine Corps Museum System

added “(a) In general—The Secretary of the Navy shall support a system of official Marine Corps museums within the Department of the Navy. Such system shall include the National Museum of the United States Marine Corps and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Navy, that meet criteria established under subsection (b).

added “(b) Criteria for designation—The Secretary of the Navy shall establish criteria for designating museums of subsection (a) for inclusion in the Marine Corps museum system. Such criteria shall include—

added “(1) historical significance to Marine Corps operations, technology, or personnel;

added “(2) public accessibility and educational outreach programs; and

added “(3) alignment with the mission of the Marine Corps to preserve the heritage of the Marine Corps.

added “(c) Criteria for closure—The Secretary of the Navy shall establish criteria for the closure of museums within the Marine Corps museum system. No museum within such system may be closed until—

added “(1) the Secretary of the Navy submits to the Committees on Armed Services of the House of Representatives and the Senate notice that includes—

added “(A) a plan for the preservation, storage, or alternate display of historical collections contained in the museum;

added “(B) how any issues relating to museum personnel will be resolved;

added “(C) an identification of any efforts to maintain museum operations through public-private partnerships; and

added “(D) an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum; and

added “(2) period of 90 days has elapsed after the date on which such notice is received by such committees.

added “(d) Funding and support—Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Marine Corps museum system.”

added Section 510(a) of title 32, United States Code, is amended by striking “may” and inserting “shall”.