Division A — Department of Defense Authorizations
DIVISION A Department of Defense Authorizations
TITLE I Procurement
Subtitle A Authorization of Appropriations
Subtitle B Army Programs
SEC. 111. Centralized Security Monitoring Program for Facilities of the Army.
SEC. 112. Pilot Program on the Use of Robotic Targets to Enhance the Lethality of the Reserve Components of the Army.
SEC. 113. Plan for Additional Kinetic Effectors for Low, Slow, Small Unmanned Aircraft Integrated Defeat System of the Army.
SEC. 114. Report on Procurement of Energetic Materials from Sources Outside of the United States.
Subtitle C Navy Programs
SEC. 121. Modifications to Procurement Authorities for Certain Amphibious Shipbuilding Programs.
“(d) Authority to Enter Into Economic Order Quantity Contracts.—The Secretary of the Navy may use funds made available to carry out this section to enter into contracts known as ‘economic order quantity contracts’ with private shipyards and other commercial or government entities to achieve economic efficiencies based on production economies for major components or subsystems of covered ships. The authority under this subsection extends to the procurement of parts, components, and systems (including weapon systems) common with, and required for, covered ships under joint economic order quantity contracts.”
SEC. 122. Modification of Requirement to Incorporate Advanced Degaussing Systems into Arleigh Burke Class Destroyers.
SEC. 123. Extension of Prohibition on Availability of Funds for Navy Port Waterborne Security Barriers.
SEC. 124. Modification of Annual Report on Cost Targets for Certain Aircraft Carriers.
“(H) A comparison of the ship cost baseline to the most recent budget estimate available as of the date of the report, set forth separately for costs related to—
“(i) development;
“(ii) procurement; and
“(iii) operations and sustainment.
“(I) For each contract that requires the production of a contract performance report, estimates from the contractor and program manager of—
“(i) the total cost of the ship at completion, taking into account any changes in costs known or anticipated as of the date of the report; and
“(ii) the schedule for completion of the ship, taking into account any variances to such schedule known or anticipated as of the date of the report.”
; and
“(3) Commencement and termination of reporting.—The requirement to submit a report with respect to a Ford-class aircraft carrier under paragraph (1) shall—
“(A) begin in the year following the first fiscal year for which funds are appropriated for the procurement of the carrier; and
“(B) end on the date the carrier reaches its obligation work limiting date.”
SEC. 125. Designation of Official Responsible for Autonomous Surface and Underwater Dual-Modality Vehicles.
SEC. 126. Multiyear Procurement Authority for Ch–53k Aircraft and T408 Engines.
SEC. 127. Recapitalization of Tactical Fighter Aircraft of the Navy Reserve.
SEC. 128. Limitation on the Construction of the Landing Ship Medium.
SEC. 129. Limitation on Availability of Funds for Constellation-Class Frigate Program Pending Certification on Basic and Functional Design.
SEC. 130. Limitation on Structural Improvements and Electrical Power Upgrades for Ah–1z and Uh–1y Helicopters.
SEC. 131. Annual Report on Surface Ship Suppliers.
Subtitle D Air Force Programs
SEC. 141. Extension of Limitations and Minimum Inventory Requirement Relating to Rq–4 Aircraft.
SEC. 142. Annual Report on Air Force Tactical Fighter Aircraft Force Structure.
“§ 9062a. Annual report on Air Force tactical fighter aircraft force structure.
“(a) In General.—Not later than April 1, 2025, and annually thereafter through 2029, the Secretary of the Air Force, in consultation with the Director of the Air National Guard and the Commander of the Air Force Reserve Command, shall—
“(1) develop a 10-year tactical fighter aircraft force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force; and
“(2) submit to the congressional defense committees a report on the plan.
“(b) Elements of Report.—The report required by subsection (a) shall address each of the following:
“(1) The appropriate mix of tactical fighter aircraft, and associated operational risk analyses, required for the Secretary of the Air Force to meet expected steady-state, global force management allocation plans and geographic combatant commander contingency operational plans tasked to the Air Force, using active and reserve component tactical fighter aircraft units.
“(2) The procurement, divestment, and unit activation, deactivation, or re-missioning plans or actions the Secretary plans to implement, fiscal year-by-fiscal year, unit-by-unit, for the 10-year period beginning on the date on which the report is submitted, for each active and reserve component tactical fighter aircraft unit existing as of such date of submittal, including the rationale and justification for any such plans or actions.
“(3) The actions the Secretary will take to ensure that required operational readiness rates are maintained during any planned recapitalization, modernization, or change of mission affecting tactical fighter aircraft units.
“(4) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft capability or capacity with collaborative combat aircraft increment 1 or increment 2 capability or capacity.
“(5) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft training events through the acquisition and fielding of common, joint, all-domain, high-fidelity synthetic simulation environments.
“(c) Form of Report.—The report required by subsection (a) shall be submitted in unclassified form with accompanying graphs, tables, and charts, but may contain a classified annex.
“(d) Fighter Aircraft Defined.—In this section, the term ‘fighter aircraft’ has the meaning given that term in section 9062(i)(2) of this title.”
SEC. 143. Modifications to Inventory Requirements for Certain Aircraft.
SEC. 144. Extension of Prohibition on Certain Reductions to Inventory of E–3 Airborne Warning and Control System Aircraft.
SEC. 145. Extension of Requirements Relating to C–130 Aircraft.
SEC. 146. Management of Temporary Relocation of B–1 Bomber Aircraft and Personnel.
“(c) Temporary Relocation.—The Secretary of the Air Force shall, to the extent practicable, manage the temporary relocation of any B–1 bomber aircraft or personnel assigned to units responsible for the operation and maintenance of such aircraft resulting from planned military construction in a manner that—
“(1) minimizes effects to combat readiness;
“(2) mitigates the risk of concentrating a significant number of the total B–1 bomber fleet at one location;
“(3) uses the construction period to maximize expeditionary actions such as through Bomber Task Force and Agile Combat Employment; and
“(4) takes into consideration travel options and travel distance for families and dependents of such personnel.”
SEC. 147. Consolidation of Authorities Relating to Air Force Landing Gear.
SEC. 148. Recapitalization of Air Refueling Tanker Aircraft of the Reserve Components of the Air Force.
SEC. 149. Prohibition on Reduction of Kc–135 Aircraft in Pmai of the Reserve Components.
SEC. 150. Prohibition on Retirement of F–15e Aircraft and Requirement to Conduct Fighter Aircraft Capabilities and Requirements Study.
SEC. 151. Notification of Delays in Delivery of Mh–139 Aircraft.
SEC. 152. Plan and Requirements for Fielding Air Base Air Defense Sites at Air Force Installations.
SEC. 153. Plan for Establishment and Maintenance of F–16 Simulators at Air National Guard Training Centers.
SEC. 154. Plan for Sustainment and Recapitalization of Air National Guard Fighter Fleet.
Subtitle E Defense-wide, Joint, and Multiservice Matters
SEC. 161. Modification to Air Force and Navy Use of Commercial Dual-Use Parts in Certain Aircraft and Engines.
SEC. 162. Measures to Increase Supply Chain Resiliency for Small Unmanned Aerial Systems.
SEC. 163. Policy on Qualifications of Contractors for Into-Plane Fuel Deliveries for Heavy-Lift Aircraft.
SEC. 164. Prohibition on Operation, Procurement, and Contracting Related to Foreign-Made Light Detection and Ranging Technology.
SEC. 165. Limitation on Procurement of F–35 Aircraft Pending Certification on Improvements and Correction of Deficiencies.
SEC. 166. Assessments of Inventory Requirements for Air-To-Air Missiles.
SEC. 167. Plan for Signals Intelligence Capabilities of Armed Overwatch Aircraft.
TITLE II Research, Development, Test, and Evaluation
Subtitle A Authorization of Appropriations
SEC. 201. Authorization of Appropriations.
Subtitle B Program Requirements, Restrictions, and Limitations
SEC. 211. Modification of Certain Requirements Relating to the Joint Energetics Transition Office.
“(d) Budgeting and Funding Requirements.—
“(1) The Secretary of Defense shall ensure that the Office is budgeted for and funded in a manner sufficient to ensure the Office has the staff and other resources necessary to effectively carry out the responsibilities specified in subsection (c).
“(2) In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a dedicated budget line item for the implementation of subsection (a) and for the testing and evaluation of energetic materials and technologies by the Office.”
SEC. 212. Modification to Annual Report on Unfunded Priorities of the under Secretary of Defense for Research and Engineering.
“(3) in the case of a military construction project, has reached 35 percent design.”
SEC. 213. Modification to Defense Laboratory Education Partnerships.
“(8) entering into new and separate contracts or cooperative agreements with, or making grants to, the institution to provide financial assistance for activities conducted under such partnership agreement.”
SEC. 214. Extension of Global Research Watch Program.
SEC. 215. Expansion of Authority for Technology Protection Features Activities.
“(2) Any contract for the design or development of an exportability feature of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.”
; and
SEC. 216. Modification to Personnel Management Authority to Attract Experts in Science, Engineering, and Certain Other Disciplines.
“(11) Office of strategic capital.—The Director of the Office of Strategic Capital may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in finance and investment for the Office.”
; and
“(K) in the case of the Office of Strategic Capital, appoint individuals to a total of not more than 30 positions in the Office;”
; and
“(A) in the case of employees appointed pursuant to subparagraphs (B), (D), (E), (H), and (K) of paragraph (1), at a rate to be determined by the head of the organization concerned up to 150 percent of the total annual compensation payable to the Vice President under section 104 of title 3;”
SEC. 217. Codification of the Laboratory Quality Enhancement Program.
“§ 4128. Laboratory Quality Enhancement Program
“(a) Program Required.—
(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program under which the Secretary shall establish the panels described in subsection (b) and direct such panels—
“(A) to review and make recommendations to the Secretary with respect to—
“(i) existing policies and practices affecting the science and technology reinvention laboratories to improve the mission effectiveness of such laboratories;
“(ii) new initiatives proposed by the science and technology reinvention laboratories; and
“(iii) new interpretations of existing provisions of law that would enhance the ability of a director of a science and technology reinvention laboratory to manage the laboratory and discharge the mission of the laboratory;
“(B) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and
“(C) to conduct assessments or data analysis on the effectiveness of the authorities granted to the science and technology reinvention laboratories and such other issues as the Secretary determines to be appropriate.
“(2) The program carried out pursuant to paragraph (1) shall be known as the ‘Laboratory Quality Enhancement Program’.
“(b) Panels.—The panels described in this subsection are the following:
“(1) A panel on personnel, workforce development, and talent management.
“(2) A panel on facilities, equipment, and infrastructure.
“(3) A panel on research strategy, technology transfer, and industry and university partnerships.
“(4) A panel on governance and oversight processes.
“(c) Composition of Panels.—
(1) Each panel described in paragraphs (1) through (3) of subsection (b) may be composed of subject matter and technical management experts from—
“(A) laboratories and research centers of the Army, Navy, and Air Force;
“(B) appropriate Defense Agencies;
“(C) the Office of the Under Secretary of Defense for Research and Engineering; and
“(D) such other entities as the Secretary determines to be appropriate.
“(2) The panel described in subsection (b)(4) shall be composed of—
“(A) at least one member from each of the science and technology reinvention laboratories; and
“(B) such other members as the Secretary determines to be appropriate.
“(d) Governance of Panels.—
(1) The chairperson of each panel established pursuant to subsection (a) shall be selected by the members of the respective panel.
“(2) Each panel, in coordination with the Under Secretary of Defense for Research and Engineering, shall transmit to the Science and Technology Executive Committee of the Department of Defense such information or findings on topics requiring decision or approval as the panel considers appropriate.
“(e) Interpretation of Provisions of Law.—
(1) The Under Secretary of Defense for Research and Engineering, acting under the guidance of the Secretary, shall issue regulations regarding the meaning, scope, implementation, and applicability of any provision of a statute relating to a science and technology reinvention laboratory.
“(2) In interpreting or defining under paragraph (1), the Under Secretary shall, to the degree practicable, emphasize providing the maximum operational flexibility to the directors of the science and technology reinvention laboratories to discharge the missions of their laboratories.
“(3) In interpreting or defining under paragraph (1), the Under Secretary shall, to the extent practicable, consult and coordinate with the secretaries of the military departments and such other agencies or entities as the Under Secretary considers relevant on any proposed revision to regulations under paragraph (1).
“(4) In interpreting or defining under paragraph (1), the Under Secretary shall seek recommendations from the panel described in subsection (b)(4).
“(f) Science and Technology Reinvention Laboratory Defined.—In this section, the term ‘science and technology reinvention laboratory’ means a Department of Defense laboratory designated as a Department of Defense science and technology reinvention laboratory under section 4121 of this title.”
SEC. 218. Modification to Consortium on Use of Additive Manufacturing for Defense Capability Development.
“(7) develop a process to certify new materials and processes for fabricating flight critical parts and initiate planning for a rapidly deployable additive manufacturing system that is capable of fabricating replacement safety-critical parts for military aircraft and unmanned aerial vehicles in environments where access to traditionally manufactured replacement parts is severely restricted.”
SEC. 219. Modification to Continuous Capability Development and Delivery Program for F–35 Aircraft.
SEC. 220. Modifications to Test Program for Engineering Plant of Ddg(x) Destroyer Vessels.
“(1) Two electrical propulsion motor technologies.”
; and
SEC. 221. Improvements Relating to Defining, Identifying, and Planning the Artificial Intelligence Workforce of the Department of Defense.
“(c) Responsibility.—
“(1) Appointment of officer.—Not later than April 30, 2025, the Secretary of Defense shall appoint a civilian official responsible for the development and implementation of the policy and implementation plan set forth in subsections (a) and (b), respectively. The official shall be known as the ‘Chief Digital Engineering Recruitment and Management Officer of the Department of Defense’.
“(2) Additional responsibilities.—In addition to the responsibilities specified in paragraph (1), the Officer appointed under such paragraph shall—
“(A) fully define and identify the artificial intelligence workforce of the Department of Defense, including by—
“(i) clarifying the roles and responsibilities of the artificial intelligence workforce and the relationship between the artificial intelligence workforce and the overall Department of Defense innovation workforce and digital workforce;
“(ii) coding artificial intelligence workforce roles in workforce data systems; and
“(iii) developing a qualification program for artificial intelligence workforce roles; and
“(B) update the Department of Defense Human Capital Operating Plan to be consistent with the Strategic Management Plan of the Department and the Annual Performance Plan of the Department relating to artificial intelligence workforce issues, including—
“(i) addressing the human capital implementation actions planned to support the strategic goals and priorities identified in the Agency Strategic Plan and Annual Performance Plan; and
“(ii) ensuring the use of consistent artificial intelligence terminology.
“(3) Expiration of appointment.—The appointment of the Officer under paragraph (1) shall expire on September 30, 2030.”
SEC. 222. Modification to Artificial Intelligence Education Strategy.
“(d) Artificial Intelligence and Machine Learning Education Platforms.—
“(1) In general.—Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Chief Digital and Artificial Intelligence Officer of the Department of Defense, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall—
“(A) develop a set of distance education courses on—
“(i) the foundational concepts of artificial intelligence and machine learning; and
“(ii) the responsible and ethical design, development, acquisition and procurement, deployment, and use of artificial intelligence and machine learning applications; and
“(B) make such courses available to members of the Armed Forces.
“(2) Report.—Not later than 270 days after the date of the enactment of this subsection, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Chief Digital and Artificial Intelligence Officer in implementing paragraph (1).”
SEC. 223. Modification of Cvn–73 to Support Fielding of Mq–25 Unmanned Aerial Vehicle.
SEC. 224. Modification to Innovators Information Repository in the Department of Defense.
“(1) be coordinated across the Department of Defense to focus on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632), including—
“(A) participants in the Small Business Innovation Research Program or the Small Business Technology Transfer Program established under section 9 of the Small Business Act (15 U.S.C. 638);
“(B) participants in the pilot program established under section 834 of the National Defense Authorization Act for Fiscal Year 2022 or the Rapid Defense Experimentation Reserve of the Department of Defense; and
“(C) small business concerns that are nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) that work with research, innovation, and advanced project entities;”
; and
“(E) the date of the initial award to the participant from the Department of Defense; and
“(F) the dates of any additional awards made to the participant by the Department of Defense, including the dates of any contracts or other agreements entered into between the participant the Department of Defense; and”
; and
“(e) Updates Required.—Not less frequently than once each fiscal quarter and subject to the availability of appropriations, the head of the Defense Technical Information Center, in coordination with the Under Secretary of Defense for Research and Engineering, shall update the innovators information repository established under this section.”
SEC. 225. Duties of Chief Digital and Artificial Intelligence Officer Governing Council Relating to Artificial Intelligence Models and Advanced Artificial Intelligence Technologies.
“(x) With respect to artificial intelligence models and advanced artificial intelligence technologies—
“(I) to identify and assess artificial intelligence models and advanced artificial intelligence technologies that could pose a national security risk if accessed by an adversary of the United States;
“(II) to develop strategies to prevent unauthorized access and usage of potent artificial intelligence models by countries that are adversaries of the United States; and
“(III) to make recommendations to Congress and relevant Federal agencies for legislative or administrative action in the field of artificial intelligence.”
SEC. 226. Ensuring Compliance with Department of Defense Policy When Awarding Research Grants.
“(e) Annual Reviews Required.—Not later than March 30, 2025, and not later than March 30 of each year thereafter—
“(1) each head of a Department of Defense component that awards grants for research shall carry out a review of a representative sample of the research grants awarded by the respective component in the previous fiscal year to ensure that the component is awarding grants in compliance with the applicable policies of the Department of Defense; and
“(2) the Under Secretary of Defense for Research and Engineering shall carry out a separate review of a representative sample of the research grants awarded by such components in the previous fiscal year.”
; and
“(A) With respect to the activities carried out under the initiative required by subsection (a), the following:”
; and
“(B) With respect to the periodic reviews conducted pursuant to subsection (e), the following:
“(i) The total number of research grants awarded by the Department in the fiscal year covered by the reviews.
“(ii) The number of reviews carried out pursuant to subsection (e)(1).
“(iii) The number of reviews carried out pursuant to subsection (e)(2).
“(iv) A description of the processes by which the heads of the components described in paragraph (1) of subsection (e) and the Under Secretary of Defense for Research and Engineering conducted the reviews under such subsection.
“(v) An assessment of issues identified during the reviews carried out under subsection (e), including a list of grants that were identified as having not been awarded in compliance with applicable policies of the Department of Defense.”
SEC. 227. Extension and Modification of Directed Energy Working Group.
“(A) for each organization and element of the Department carrying out work related to directed energy capabilities, cost data and associated program elements for each fiscal year across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the time of the briefing); and
“(B) information on any enabling work that supports such capabilities, including—
“(i) vehicle or software integration and testing;
“(ii) command, control and targeting architectures;
“(iii) supporting infrastructure requirements; and
“(iv) workforce training.”
; and
SEC. 228. National Defense Economic Competition Research Council.
SEC. 229. Agility Prime Transition Working Group.
SEC. 230. Authority for Temporary Assignment of Employees of the Office of Strategic Capital to Certain Private-Sector Organizations.
SEC. 231. Quantum Benchmarking Initiative.
SEC. 232. Expansion of Participation in the Digital On-Demand Program.
SEC. 233. Management and Utilization of Digital Data to Enhance Maintenance Activities.
SEC. 234. Electromagnetic Spectrum Demonstration Program.
SEC. 235. Competitive Demonstration of Automated Target Recognition Algorithms.
SEC. 236. Pilot Program on Development of Near-Term Use Cases and Demonstration of Artificial Intelligence Toward Biotechnology Applications for National Security.
SEC. 237. Pilot Program on Use of Artificial Intelligence for Certain Workflow and Operations Tasks.
SEC. 238. Limitation on Availability of Funds for Fundamental Research Collaboration with Certain Academic Institutions.
Subtitle C Plans, Reports, and Other Matters
SEC. 241. Incorporating Human Readiness Levels into Research, Development, Test, and Evaluation Activities.
SEC. 242. Biotechnology Roadmap.
SEC. 243. Plan to Advance Interests of Department of Defense in Matters Relating to Electromagnetic Spectrum in International Fora.
SEC. 244. Strategic Plan for Quantum Information Science Technologies Within the Department of Defense.
SEC. 245. Defense Science Board Study on Long-Term Operations and Availability of Kwajalein Atoll as a Major Range and Test Facility Base.
TITLE III Operation and Maintenance
Subtitle A Authorization of Appropriations
SEC. 301. Authorization of Appropriations.
Subtitle B Energy and Environment
SEC. 311. Modification of Definition of Antenna Structure Project under Military Aviation and Installation Assurance Clearinghouse for Review of Mission Obstructions.
SEC. 312. Extension of Period for Cooperative Agreements under Native American Lands Environmental Mitigation Program.
SEC. 313. Extension of Requirement to Establish a Schedule of Black Start Exercises to Assess the Energy Resilience and Energy Security of Military Installations.
SEC. 314. Change in Timeframe for Report on Ability of Department of Defense to Meet Requirements for Energy Resilience and Energy Security Measures on Military Installations.
SEC. 315. Repeal of Limitation on Procurement of Drop-In Fuels; Annual Report.
“§ 2922j. Annual report on purchase of drop-in fuel
“(a) In General.—Not less frequently than annually, the Secretary of Defense shall submit to Congress a report that, for the year covered by the report—
“(1) identifies each instance in which the Secretary purchased drop-in fuel that was not cost-competitive with traditional fuel; and
“(2) for each instance identified under paragraph (1), states whether the purchase was based on a military requirement or not.
“(b) Definitions.—In this section:
“(1) The term ‘drop-in fuel’ means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.
“(2) The term ‘traditional fuel’ means a liquid hydrocarbon fuel derived or refined from petroleum.”
SEC. 316. Extension of Prohibition on Required Disclosure.
SEC. 317. Increase of Transfer Authority for Funding of Study and Assessment on Health Implications of per- and Polyfluoroalkyl Substances Contamination in Drinking Water by Agency for Toxic Substances and Disease Registry.
SEC. 318. Initiative to Control and Combat the Spread of Coconut Rhinoceros Beetle in Hawaii.
SEC. 319. Prohibition on Implementation of Regulation Relating to Minimizing Risk of Climate Change.
SEC. 320. Implementation of Inspector General Recommendations Relating to Oversight of Defense Fuel Support Points.
SEC. 321. Provision by Secretary of the Air Force of Meteorological Data for Air Force and Army.
Subtitle C Logistics and Sustainment
SEC. 331. Joint Safety Council Report and Briefing Requirements.
“(C) for the year covered by the report—
“(i) releasable information regarding any mishap that occurred during such year; and
“(ii) an identification of any corrective or preventative action implemented pursuant to a recommendation made in a safety or legal investigation report of such a mishap.”
; and
“(l) Biannual Briefings.—Not later than March 31 and December 31 of each year, the Chairperson of the Council shall provide to the congressional defense committees a briefing on the contents of the report required to be submitted under subsection (k)(1) that covers the six-month period preceding the date of the briefing.”
SEC. 332. Modifications to Comptroller General Annual Reviews of F–35 Sustainment Efforts.
SEC. 333. Plans Regarding Condition and Maintenance of Prepositioned Stockpiles of Navy, Marine Corps, and Air Force.
SEC. 334. Warehouse Utilization Organization Alignment.
SEC. 335. Authority for Government-Owned, Government-Operated Facilities to Access Production Base Support Funds.
SEC. 336. Pre-Positioned Stocks of Finished Defense Textile Articles.
Subtitle D Reports
SEC. 341. Modification of Readiness Reports to Include Total Number of Combat Readiness Upgrades or Downgrades.
“(5) The total number of upgrades and the total number of downgrades of the combat readiness of a unit that were issued by the commander of the unit, disaggregated by armed force.”
SEC. 342. Extension and Expansion of Incident Reporting Requirements for Department of Defense.
“(1) the National Crime Information Center;
“(2) local law enforcement; and
“(3) the Committees on Armed Services of the Senate and the House of Representatives.”
SEC. 343. Annual Briefing on Operational Readiness of 53rd Weather Reconnaissance Squadron Prior to Commencement of Official Hurricane Season.
Subtitle E Other Matters
SEC. 351. Extension of Authority for Secretary of Defense to Use Department of Defense Reimbursement Rate for Transportation Services Provided to Certain Non-Department of Defense Entities.
SEC. 352. Improvements to Fireguard Program of National Guard.
“(b) Contracts and Agreements.—
(1) The Secretary of Defense may enter into a contract or cooperative agreement with a qualified individual or entity for the performance of duties to supplement members of the National Guard in carrying out the FireGuard Program under subsection (a).
“(2) In association with a contract or cooperative agreement entered into under paragraph (1) with a qualified individual or entity, the Chief of the National Guard Bureau, in coordination with relevant State, local, and commercial entities, shall execute a memorandum of understanding with the qualified individual or entity, which shall clearly delineate the roles, responsibilities, functions, timelines, and end dates for the transition of the duties to be performed under the contract or cooperative agreement.
“(3) In this subsection, the term ‘qualified individual or entity’ means—
“(A) any individual who possesses a requisite security clearance for handling classified remote sensing data for the purpose of wildfire detection and monitoring; or
“(B) any corporation, firm, partnership, company, nonprofit, Federal agency or sub-agency, or State or local government, with contractors or employees who possess a requisite security clearance for handling such data.”
SEC. 353. Counter Unmanned Aerial System Threat Library.
SEC. 354. Limitation on Availability of Funds for Travel Expenses of Office of Secretary of Defense Until Submission of Certain Documents.
SEC. 355. Anti-Lock Brake System and Electronic Stability Control Kit for Certain Army Vehicles.
SEC. 356. Program for Advanced Manufacturing in the Indo-Pacific Region.
TITLE IV Military Personnel Authorizations
Subtitle A Active Forces
SEC. 401. End Strengths for Active Forces.
SEC. 402. Annual End Strength Authorization for the Space Force.
“(3) The end strength for the Space Force for members in space force active status.”
“(3) the use of members of the Space Force in space force active status unless the end strength for the Space Force for that fiscal year for members in space force active status has been authorized by law; or”
SEC. 403. Temporary Exclusion of Mental Health Care Providers from Authorized Strengths of Certain Officers on Active Duty.
Subtitle B Reserve Forces
SEC. 411. End Strengths for Selected Reserve.
SEC. 412. End Strengths for Reserves on Active Duty in Support of the Reserves.
SEC. 413. End Strengths for Military Technicians (dual Status).
SEC. 414. Maximum Number of Reserve Personnel Authorized to Be on Active Duty for Operational Support.
Subtitle C Authorization of Appropriations
SEC. 421. Military Personnel.
Subtitle D Reports
SEC. 431. Annual Defense Manpower Profile Report: Expansion of Justifications for End Strengths.
“(2) The justification and explanation required by paragraph (1) shall include the following:
“(A) An explanation of how personnel end strength level requests address threats described in the national defense strategy under section 113(g) of this title.
“(B) The rationale for recommended increases or decreases in active, reserve, and civilian personnel for each component of the Department of Defense.
“(C) The actual end strength number for each armed force for the prior fiscal year, compared to authorized end strength levels.
“(D) The shortfall in recruiting by each armed force as a percentage, as the Secretary determines appropriate.”
TITLE V Military Personnel Policy
Subtitle A Officer Policy
SEC. 501. Redistribution of General Officers of the Marine Corps on Active Duty.
SEC. 502. Authority to Exclude Additional Positions from Limitations on the Number of General Officers and Flag Officers on Active Duty.
“(g) Secretary of Defense Adaptive Force Account.—The limitations in subsection (a) and in section 525(a) of this title do not apply to a general officer or flag officer assigned to the Secretary of Defense Adaptive Force Account as designated by the Secretary of Defense. The total number of positions designated as the Secretary of Defense Adaptive Force Account for purposes of this subsection shall not exceed 35.”
SEC. 503. Eligibility for Consideration for Promotion: Time-In-Grade and Other Requirements.
“(f) Nonconsideration of Officers Scheduled for Removal From Reserve Active-status List.—The Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which an officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened or an approved retirement date.”
SEC. 504. Temporary Authority to Increase the Number of Nurse Officers Recommended for Promotion.
“(2) During the period beginning on January 1, 2025, and ending on December 31, 2030, the number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not equal or exceed 100 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board, for nurse officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness.”
SEC. 505. Talent Management and Personnel Retention for Members of the Armed Forces.
SEC. 506. Consideration of Merit by Special Selection Review Boards.
SEC. 507. Effect of Failure of Selection for Promotion: Captains and Majors of the Army, Air Force, Marine Corps, and Space Force and Lieutenants and Lieutenant Commanders of the Navy.
“(c)
(1) If an officer is subject to discharge under subsection (a)(1) and, as of the date on which the officer is to be discharged under that 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.
“(2) The Secretary concerned 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. 508. Modification of Authority to Separate Officers When in the Best Interest of the Service.
“(1)
(A) If a board of inquiry determines that an officer should be retained, the officer’s case is closed unless the board substantiated a basis for separation and, upon recommendation from the service chief, the Secretary of the military department determines that the board’s retention recommendation is clearly erroneous in light of the evidence considered by the board, a miscarriage of justice, and inconsistent with the best interest of the service. In such cases, the Secretary of the military department may separate the officer after providing a written justification of the decision to separate.
“(B) An officer considered for separation under this section must be notified and afforded the opportunity to present matters for the Secretary of the military department to consider when making the separation determination. The Secretary of the military department shall review the case to determine whether the retention recommendation of the board is clearly contrary to the substantial weight of the evidence in the record and whether the officer’s conduct discredits the Service, adversely affects good order and discipline, and adversely affects the officer’s performance of duty.
“(C) Exercise of authority to separate an officer under this section shall be reserved for unusual cases where such action is essential to the interests of justice, discipline, and proper administration of the service.”
“(2) Authority to direct administrative separation after a board of inquiry’s recommendation to retain an officer may only be delegated to a civilian official within a military department appointed by the President, by and with the advice and consent of the Senate. The least favorable characterization in such cases will be general (under honorable conditions).”
SEC. 509. Remote Appearance Before a Board of Inquiry.
“(c) The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.”
“(c) Remote Appearance.—The Secretary concerned may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry may be via means other than in person.”
SEC. 509A. Marine Corps Deputy Commandants.
SEC. 509B. Improvements Relating to Medical Officer of the Marine Corps Position.
“§ 8048. Medical Officer of the Marine Corps
“(a) There is a Medical Officer of the Marine Corps who shall be appointed from among flag officers of the Navy.
“(b) The Medical Officer of the Marine Corps, while so serving, shall hold the grade of rear admiral (lower half).”
“8048. Medical Officer of the Marine Corps.”.
“(g) A naval officer while serving as the Medical Officer of the Marine Corps is in addition to the number that would otherwise be permitted for the Navy for officers serving on active duty in the grade of rear admiral (lower half) under subsection (a).”
“(g) Exclusion of Medical Officer of Marine Corps.—The limitations of this section do not apply to the flag officer who is serving as the Medical Officer of the Marine Corps.”
SEC. 509C. Vice Chief of Space Operations; Vacancy in Position of Chief of Space Operations.
“§ 9083. Vice Chief of Space Operations
“(a) Appointment.—There is a Vice Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force.
“(b) Grade.—The Vice Chief of Space Operations, while so serving, has the grade of general without vacating the permanent grade of the officer.
“(c) Duties.—The Vice Chief of Space Operations shall have such authorities and duties with respect to the Space Force as the Chief of Space Operations, with the approval of the Secretary of the Air Force, may delegate to or prescribe for the Vice Chief of Space Operations. Orders issued by the Vice Chief of Space Operations in performing such duties have the same effect as orders issued by the Chief of Space Operations.”
“(f) Vacancy in Position of Chief of Space Operations.—When there is a vacancy in the position of Chief of Space Operations or during the absence or disability of the Chief of Space Operations—
“(1) the Vice Chief of Space Operations shall perform the duties of the Chief of Space Operations until a successor is appointed or the absence or disability ceases; or
“(2) if there is a vacancy in the position of the Vice Chief of Space Operations or the Vice Chief of Space Operations is absent or disabled, unless the President directs otherwise, the most senior officer of the Space Force in the Space Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Space Operations until the earliest of—
“(A) the appointment of a successor to the Chief of Space Operations or the Vice Chief of Space Operations; or
“(B) the cessation of the absence or disability of the Chief of Space Operations or Vice Chief of Space Operations.”
“9083. Vice Chief of Space Operations.
“9084. Office of the Chief of Space Operations: function; composition.
“9085. Office of the Chief of Space Operations: general duties.
“9086. Regular Space Force: composition.
“9087. Space Development Agency.”.
SEC. 509D. Repeal of Active Duty Service Requirement for Warrant Officer Appointments in Air Force and Space Force.
SEC. 509E. Removal of Officers from a List of Space Force Officers Recommended for Promotion.
SEC. 509F. Pilot Program on Peer and Subordinate Assessments of Certain Officers.
Subtitle B Reserve Component Management
SEC. 511. Authority to Extend Military Technicians Until Age 62.
SEC. 512. Extension of Time Period for Transfer or Discharge of Certain Army and Air Force Reserve Component General Officers.
“(2) For any general officer covered by paragraph (1) who is released from a joint duty assignment or other non-joint active-duty assignment, the Secretary concerned shall complete the transfer or discharge required by paragraph (1) not later than 60 days after the officer’s release.”
; and
SEC. 513. Expanded Authority to Continue Reserve Component Officers in Certain Military Specialties on the Reserve Active-Status List.
“§ 14701a. Continuation on reserve active-status list: officers in certain military specialties and career tracks
“(a) In General.—The Secretary of the military department concerned may authorize a reserve commissioned officer in a grade above O-2 to remain on the reserve active-status list after the date otherwise provided for the separation or retirement of the officer under section 14505, 14506, or 14507 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).
“(b) Military Specialties.—The Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on the reserve active-status list as provided in subsection (a).
“(c) Duration of Continuation.—An officer continued on the reserve active-status list pursuant to this section shall, if not earlier retired, transferred to the Retired Reserve, or discharged, be separated in accordance with section 14513 or 14514 of this title, as applicable, on the first day of the month after the month in which the officer completes 40 years of commissioned service.
“(d) Regulations.—The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).”
“14701a. Continuation on reserve active-status list: officers in certain military specialties and career tracks.”.
SEC. 514. Transfer to the Space Force of Covered Space Functions of the Air National Guard of the United States.
SEC. 515. Notice to Congress Regarding Reapportionment of National Guard Force Structure.
Subtitle C General Service Authorities, Decorations and Awards, and Military Records
SEC. 521. Technical and Conforming Amendments Relating to Members of the Space Force.
SEC. 522. Modified Authority to Provide Protection to Senior Leaders of the Department of Defense and Other Specified Persons.
“(7) Temporary protection.—The Secretary of Defense may temporarily provide physical protection and personal security under this subsection to an individual—
“(A) pending the determination of the Secretary under paragraph (4) regarding such individual; and
“(B) for a period not to exceed 30 days.”
SEC. 523. Improving Military Administrative Review.
“(5) Each final decision of the board under this subsection shall be made available to the public in electronic form on a centralized Internet website. The information provided shall include a summary of each decision, to be indexed by subject matter, except that the Secretary shall protect the privacy of claimants by redacting all personally identifiable information.”
SEC. 524. Determination of Active Duty Service Commitment for Recipients of Fellowships, Grants, and Scholarships.
SEC. 525. Authority to Designate Certain Separated Members of the Air Force as Honorary Separated Members of the Space Force.
“§ 9254. Authority to designate certain separated members of the Air Force as honorary separated members of the Space Force
“(a) Authority.—The Secretary of the Air Force may prescribe regulations that authorize an eligible individual to be designated as an honorary separated member of the Space Force. An eligible individual so designated may be referred to as a ‘Legacy Guardian’.
“(b) Elements.—Regulations prescribed under this section may include the following elements:
“(1) Eligibility criteria, including applicable dates of service and constructive service credit, for designation under this section.
“(2) An application process through which an eligible individual, or a survivor of a deceased eligible individual, may apply for such designation of such eligible individual.
“(3) A certificate, approved device, or other insignia of such designation.
“(c) Rule of Construction.—Designation of an eligible individual under this section shall not be construed to entitle such eligible individual to any benefit in addition to those established by this section or pursuant to regulations prescribed under this section.
“(d) Eligible Individual Defined.—In this section, the term ‘eligible individual’ means an individual—
“(1) whom the Secretary of the Air Force determines served in support of space operations as a member of the Air Force; and
“(2) who separates (or previously separated) from the armed forces as a member of the Air Force.”
SEC. 526. Authorizations for Certain Awards.
SEC. 527. Posthumous Advancement of General John D. Lavelle, United States Air Force, on the Retired List.
Subtitle D Recruitment
SEC. 531. Expansion of Report on Future Servicemember Preparatory Course.
“(2) Graduation requirement.—Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score on the Armed Forces Qualification Test that is—
“(A) at least 10 points higher than the individual’s most recent score taken prior to the individual’s date of enlistment; or
“(B) no longer subject to the restrictions of section 520 of title 10, United States Code.”
; and
“(4) The determination of the Secretary regarding the effectiveness of the preparatory course.
“(5) Recommendations of the Secretary regarding—
“(A) how to improve the preparatory course;
“(B) whether to expand the preparatory course.”
SEC. 532. Promoting Military, National, and Public Service.
SEC. 533. Military Recruiter Physical Access to Campuses.
“SEC. 8528A. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL CAMPUSES.
“Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to the campus of each secondary school served by the local educational agency for the purpose of recruiting students who are at least 17 years of age that is provided to any prospective employer, institution of higher education, or other recruiter.”
SEC. 534. Military Entrance Processing Command: Acceleration of Review of Medical Records.
SEC. 535. Medical Accession Records Pilot Program: Notice of Termination.
SEC. 536. Provision of Information Regarding Federal Service to Certain Persons Ineligible to Enlist in Certain Armed Forces.
SEC. 537. Reimbursement of Applicants to Certain Armed Forces for Certain Medical Costs Incurred During Military Entrance Processing.
SEC. 538. Authority to Modernize Recruitment for the Army.
SEC. 539. Program of Military Recruitment and Education at the National September 11 Memorial and Museum.
SEC. 539A. Maritime Workforce Promotion and Recruitment.
Subtitle E Training
SEC. 541. Improvements to Financial Literacy Training.
“(d) Provision of Retirement Information.—In each training under subsection (a) and in each meeting to provide counseling under subsection (b), a member of the armed forces shall be provided with—
“(1) all forms relating to retirement that are relevant to the member, including with respect to the Thrift Savings Plan; and
“(2) information with respect to how to find additional information.”
SEC. 542. Extension of Jrotc Programs to the Job Corps.
SEC. 543. Minimum Number of Participating Students Required to Establish or Maintain a Unit of Jrotc.
“(i) in the case of an educational institution with fewer than 1,000 enrolled students, the lesser of—
“(I) 10 percent of the number of such students who are in a grade above the 7th grade and physically co-located with the 9th grade participating unit; and
“(II) 50; or
“(ii) in the case of an educational institution with 1,000 or more enrolled students—
“(I) 50; or
“(II) a number, determined by the Secretary of the military department concerned, that is higher than 50 and not more than 100;”
SEC. 544. Jrotc Waiting List.
“(4) maintain a prioritized waiting list that includes all secondary educational institutions that have made a request for a unit under this section and have not yet been approved by the Secretary concerned, and prescribe regulations describing the factors to be considered in assigning priority, including the length of time an institution has been waiting for a unit.”
SEC. 545. Number of Junior Reserve Officers’ Training Corps Units.
SEC. 546. Required Constitutional Law Training.
SEC. 547. Prohibition on Federal Funds for the Department of Defense Countering Extremism Work Group.
Subtitle F Member Education
SEC. 551. Expansion of International Engagement Authorities for Service Academies.
SEC. 552. Modification of Authority to Engage in Funded and Unfunded Law Education Programs.
“(2) Pursuant to regulations prescribed by the Secretary concerned, the Secretary of a military department may fund educational expenses for members of the armed forces detailed under paragraph (1). Not more than 25 officers and enlisted members from each military department may commence such training in any single fiscal year.
“(3) Pursuant to regulations prescribed by the Secretary concerned, the Secretary of a military department may also detail members under paragraph (1) without funding any educational expenses. A member detailed pursuant to this paragraph shall not count against the limitation in paragraph (2).”
; and
“(B) in the case of a member detailed pursuant to subsection (a)(2), either—
“(i) have served on active duty for a period of not less than two years nor more than eight years and be an officer in the pay grade O-3 or below when the training is to begin; or
“(ii) have served on active duty for a period of not less than four years nor more than ten years and be an enlisted member in the pay grade of E-5, E-6, or E-7 when the training is to begin;”
; and
“(i) two years for each year or part thereof of legal training under subsection (a)(1); or
“(ii) one year for each year or part thereof of legal training under subsection (a)(2).”
SEC. 553. Additional Admissions Authority for the Uniformed Services University of the Health Sciences.
“§ 2114a. Eligibility of members of foreign militaries to enroll in the University
“(a) Authority.—
(1) The Secretary of Defense may permit an individual who is a member of the military of a foreign country—
“(A) to enroll (including as a full-time student) and receive instruction—
“(i) as a medical student of the University; or
“(ii) in a postdoctoral, postgraduate, or certificate program of the University; and
“(B) to participate in training exercises of the University.
“(2) Enrollment of an individual under this section—
“(A) shall be subject to—
“(i) the academic capacity of the University described in section 2112(b) of this title; and
“(ii) an international agreement or qualifying non-binding instrument (as such terms are defined in section 112b of title 1); and
“(B) may not decrease the number of members of the uniformed services enrolled in the University; and
“(C) may not be given priority over the enrollment of a member of the uniformed services.
“(3) The number of individuals simultaneously enrolled under this section may not exceed—
“(A) 10, in the case of medical students of the University; and
“(B) 40, with regards to all postdoctoral, postgraduate, and certificate programs of the University.
“(b) Qualifications; Selection.—In carrying out subsection (a), the Secretary may select an individual to enroll under this section—
“(1) who was nominated for such enrollment by the medical command of the military of a foreign country; and
“(2) pursuant to regulations prescribed by the Secretary regarding—
“(A) qualifications for such enrollment that are comparable to the qualifications required of a United States citizen; and
“(B) procedures for such selection.
“(c) Reimbursement.—
(1) The Secretary shall require the foreign country of an individual enrolled under this section to reimburse the United States for the cost of providing instruction to such individual.
“(2) The Secretary shall prescribe rates for such reimbursement that equal or exceed the cost to the United States of providing such instruction to a member of the uniformed services.
“(3) The Secretary may waive, in whole or in part, reimbursement with regards to an individual enrolled under this section.
“(4) Amounts received by the Secretary under this subsection shall—
“(A) be used to defray the costs of providing instruction to an individual enrolled under this section;
“(B) be credited to appropriations available for the maintenance and operation of the University; and
“(C) remain available for until expended.
“(5) The source and the disposition of such amounts shall be specifically identified in records of the University.
“(d) Applicability of Regulations and Policies.—
(1) Subject to paragraphs (2) through (4), and to the determination of the Secretary, an individual enrolled under this section shall be subject to the same regulations and policies that apply to a member of the uniformed services enrolled in the University.
“(2) The Secretary may prescribe regulations regarding access to classified information by an individual enrolled under this section that differ from the regulations that apply to a member of the uniformed services enrolled in the University.
“(3) An individual enrolled under this section shall not be entitled to an appointment in a uniformed service by reason of completing of a program of the University.
“(4) Section 2114 of this title shall not apply to an individual enrolled under this section.”
SEC. 554. Professional Military Education: Technical Correction to Definitions.
SEC. 555. Distance Education Option for Professional Military Education.
“(c) Distance Education.—
(1) Any distance education program offered to satisfy Phase I or Phase II instruction under paragraph (1) or (2) of subsection (a) shall include a pathway for a student who is a member of a reserve component to fully complete the course of instruction while physically separated from the course instructors and without any in-person attendance required to graduate from such program.
“(2) In this subsection, the term ‘distance education’ has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).”
SEC. 556. Authority to Accept Gifts of Services for Professional Military Education Institutions.
SEC. 557. Alternative Service Obligation for a Cadet or Midshipman Who Becomes a Professional Athlete.
“(4) Each academic year, the Secretary of the Army may transfer not more than three cadets, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Army. Each cadet so transferred shall—
“(A) serve as a commissioned officer—
“(i) in an appropriate grade or rating, determined by the Secretary of the Army; and
“(ii) for a period, determined by the Secretary of the Army, not longer than 10 years; and
“(B) while so serving, participate in efforts to recruit and retain members of the armed forces.”
“(4) Each academic year, the Secretary of the Navy may transfer not more than three midshipmen, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Navy or the Selected Reserve of the Marine Corps. Each midshipman so transferred shall—
“(A) serve as a commissioned officer—
“(i) in an appropriate grade or rating, determined by the Secretary of the Navy; and
“(ii) for a period, determined by the Secretary of the Navy, not longer than 10 years; and
“(B) while so serving, participate in efforts to recruit and retain members of the armed forces.”
“(4) Each academic year, the Secretary of the Air Force may transfer not more than three cadets, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Air Force. Each cadet so transferred shall—
“(A) serve as a commissioned officer—
“(i) in an appropriate grade or rating, determined by the Secretary of the Air Force; and
“(ii) for a period, determined by the Secretary of the Air Force, not longer than 10 years; and
“(B) while so serving, participate in efforts to recruit and retain members of the armed forces.”
SEC. 558. Service Academies: Boards of Visitors.
“(a) A Board of Visitors to the Academy is constituted annually of—
“(1) the chair of the Committee on Armed Services of the Senate, or the designee of such chair;
“(2) the ranking member of the Committee on Armed Services of the Senate, or the designee of the ranking member;
“(3) two other members of the Senate designated by the Majority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(4) two other members of the Senate designated by the Minority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(5) the chair of the Committee on Armed Services of the House of Representatives, or the designee of such chair;
“(6) the ranking member of the Committee on Armed Services of the House of Representatives, or the designee of the ranking member;
“(7) two other members of the House of Representatives designated by the Speaker of the House of Representatives, one of whom is a member of the Committee on Appropriations of the House of Representatives;
“(8) one other member of the House of Representatives designated by the Minority Leader of the House of Representatives; and
“(9) six persons designated by the President.”
; and
“(a) A Board of Visitors to the Academy is constituted annually of—
“(1) the chair of the Committee on Armed Services of the Senate, or the designee of such chair;
“(2) the ranking member of the Committee on Armed Services of the Senate, or the designee of the ranking member;
“(3) two other members of the Senate designated by the Majority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(4) two other members of the Senate designated by the Minority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(5) the chair of the Committee on Armed Services of the House of Representatives, or the designee of such chair;
“(6) the ranking member of the Committee on Armed Services of the House of Representatives, or the designee of the ranking member;
“(7) two other members of the House of Representatives designated by the Speaker of the House of Representatives, one of whom is a member of the Committee on Appropriations of the House of Representatives;
“(8) one other member of the House of Representatives designated by the Minority Leader of the House of Representatives; and
“(9) six persons designated by the President.”
; and
“(a) A Board of Visitors to the Academy is constituted annually of—
“(1) the chair of the Committee on Armed Services of the Senate, or the designee of such chair;
“(2) the ranking member of the Committee on Armed Services of the Senate, or the designee of the ranking member;
“(3) two other members of the Senate designated by the Majority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(4) two other members of the Senate designated by the Minority Leader of the Senate, one of whom is a member of the Committee on Appropriations of the Senate;
“(5) the chair of the Committee on Armed Services of the House of Representatives, or the designee of such chair;
“(6) the ranking member of the Committee on Armed Services of the House of Representatives, or the designee of the ranking member;
“(7) two other members of the House of Representatives designated by the Speaker of the House of Representatives, one of whom is a member of the Committee on Appropriations of the House of Representatives;
“(8) one other member of the House of Representatives designated by the Minority Leader of the House of Representatives; and
“(9) six persons designated by the President.”
; and
SEC. 559. Modernizing Marine Corps Platoon Leaders Class College Tuition Assistance Program to Account for Inflation.
SEC. 559A. Information on Nominations and Applications for Military Service Academies.
SEC. 559B. Ensuring Access to Certain Higher Education Benefits.
SEC. 559C. Service Academies: Referral of Applicants to the Senior Military Colleges and Units of the Senior Reserve Officer Training Corps.
SEC. 559D. Pilot Program to Provide Graduate Education Opportunities for Enlisted Members of the Army and Navy.
SEC. 559E. Prohibition on Use of Federal Funds to Endorse Critical Race Theory.
Subtitle G Military Justice and Other Legal Matters
SEC. 561. Clarifying Amendment to Article 2 of the Uniform Code of Military Justice.
SEC. 562. Authority of Special Trial Counsel with Respect to Certain Offenses Occurring Before Effective Date of Military Justice Reforms.
“(2) The standalone offense of sexual harassment.—After January 1, 2025, a special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
“(A) The standalone offense of sexual harassment punishable under section 934 of this title (article 134) in each instance in which—
“(i) the offense occurs after January 26, 2022, and on or before January 1, 2025; and
“(ii) a formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned.
“(B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81).
“(C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82).
“(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).”
; and
SEC. 563. Detailing of Appellate Defense Counsel.
“(A) the record”
“(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals.”
; and
SEC. 564. Modification to Offense of Aiding the Enemy under the Uniform Code of Military Justice.
SEC. 565. Removal of Marriage as a Defense to Article 120b Offenses.
SEC. 566. Consolidation of Military Justice Reporting Requirements for the Military Departments.
“(2) Data on the number and status of completed cases, including—
“(A) information on race, ethnicity, rank, and sex demographic for the victim and the accused;
“(B) the enumerated offenses preferred and referred;
“(C) the types of court-martial; and
“(D) the results for each case, including cases that resulted in nonjudicial punishment or administrative separation.”
SEC. 567. Term of Office for Judges of the Court of Military Commission Review.
“(B) The term of a civilian judge of the Court appointed under paragraph (3) shall expire on the date that is 10 years after the date on which the judge was appointed.”
; and
“(7) Judges of the Court may be removed from office by the President (in the case of a judge appointed under paragraph (3)) or the Secretary of Defense (in the case of an appellate military judge assigned under paragraph (2)) upon notice and hearing, for—
“(A) neglect of duty;
“(B) misconduct; or
“(C) mental or physical disability.”
SEC. 568. Continuity of Coverage under Certain Provisions of Title 18, United States Code.
SEC. 569. Correction of Certain Citations in Title 18, United States Code, Relating to Sexual Offenses.
SEC. 569A. Modification of Timeline for Potential Implementation of Study on Unanimous Court-Martial Verdicts.
SEC. 569B. Removal of Personally Identifying and Other Information of Certain Persons from the Department of Defense Central Index of Investigations.
SEC. 569C. Expanded Command Notifications to Victims of Domestic Violence.
SEC. 569D. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.
SEC. 569E. Analysis on the Advisability of Revising Military Rule of Evidence 513.
SEC. 569F. Analysis of Prohibition on Broadcast and Distribution of Digitally Manipulated Intimate Images under the Uniform Code of Military Justice.
Subtitle H Career Transition
SEC. 571. Pathway for Individualized Counseling for Members of the Reserve Components under Tap.
SEC. 572. Extension of Troops-To-Teachers Program.
SEC. 573. Extension and Expansion of Report on the Transition Assistance Program of the Department of Defense.
“(F) The total number of members who did not attend Transition Assistance Program counseling due to operational requirements.
“(G) If the information described in subparagraph (F) is unavailable, processes the Secretary is implementing to collect such information.
“(H) An assessment of challenges to attending Transition Assistance Program counseling in person.”
SEC. 574. Military Training and Competency Records.
Subtitle I Family Programs and Child Care
SEC. 581. Interstate Compacts for Portability of Occupational Licenses of Military Spouses: Permanent Authority.
SEC. 582. Military Spouse Career Accelerator Program.
“(i) Employment Fellowship Opportunities.—
(1) The Secretary of Defense shall carry out a program to provide spouses of members of the armed forces with paid fellowships (including in-person, remote, and hybrid fellowships) with employers in various industries. To carry out such program, the Secretary shall take the following steps:
“(A) Seek to enter into an agreement with an entity to conduct such program.
“(B) Determine the appropriate capacity for the program based on the availability of appropriations for such purpose.
“(C) Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses.
“(2) The authority to carry out the program under this subsection shall terminate on January 1, 2031.”
SEC. 583. Competitive Pay for Department of Defense Child Care Personnel.
“(c) Competitive Rates of Pay.—
(1) For the purpose of providing military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly involved in providing child care and who are paid from nonappropriated funds—
“(A) in the case of entry-level employees, shall be paid a rate of pay competitive with the rates of pay paid to other equivalent non-Federal positions within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such Department employee’s position is located; and
“(B) in the case of any employee not covered by subparagraph (A), shall be paid a rate of pay competitive with the rates of pay paid to other employees with similar training, seniority, and experience within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such Department employee’s position is located.
“(2) Notwithstanding paragraph (1), no employee shall receive a rate of pay under this subsection that is lower than the minimum hourly rate of pay applicable to civilian employees of the Department of Defense.
“(3) For purposes of determining the rates of pay under paragraph (1), the Secretary shall use the metropolitan and nonmetropolitan area occupational employment and wage estimates published monthly by the Bureau of Labor Statistics.”
SEC. 584. Posting of National Child Abuse Hotline at Military Child Development Centers.
“(A) posting it in public areas of military child development centers; and
“(B) providing it to the parents and legal guardians of children who attend military child development centers.”
SEC. 585. Additional Information in Outreach Campaign Relating to Waiting Lists for Military Child Development Centers.
SEC. 586. Expansion of Annual Briefing Regarding Waiting Lists for Military Child Development Centers.
“(1) with regards to the 20 military installations with the longest waiting lists for child care services at military child development centers—
“(A) the number of children on each waiting list;
“(B) the available total capacity for child care services at each such military child development center, disaggregated by infants, pre-toddlers, toddlers, and pre-school children;
“(C) an accounting of the total unduplicated and unmet need for child care within each metropolitan region represented by a military installation described in subparagraph (A); and
“(D) the determination of the Secretary of Defense whether insufficient staffing or issues relating to maintenance contribute to the length of such waiting lists; and
“(2) an accounting of the efforts of the Secretary of Defense to mitigate child care shortages in order to shorten waiting lists and address unmet needs for child care across the Department of Defense.”
SEC. 587. Improvements Relating to Portability of Professional Licenses of Servicemembers and Their Spouses.
“SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF SERVICEMEMBERS AND THEIR SPOUSES.
“(a) In General.—If a servicemember or the spouse of a servicemember has a covered license and relocates residence because such servicemember receives military orders for military service in a State other than the State of the licensing authority that issued the covered license, such covered license shall be considered valid for the scope of practice in the State of the new residence if such servicemember or spouse submits to the licensing authority of such State an application described in subsection (c).
“(b) Temporary Licenses.—If a licensing authority is required to consider a covered license valid under subsection (a) but cannot carry out such requirement during the 30 days after receiving an application described in subsection (c), the licensing authority may issue to the applicant a temporary license that confers the same rights, privileges, and responsibilities as a permanent license.
“(c) Application.—An application described in this subsection includes the following:
“(1) Proof of military orders described in subsection (a).
“(2) If the applicant is the spouse of a servicemember, a copy of the marriage certificate.
“(3) A notarized affidavit affirming, under the penalty of law, that—
“(A) the applicant is the person described and identified in the application;
“(B) all statements made in the application are true and correct and complete;
“(C) the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority;
“(D) the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); and
“(E) the applicant is in good standing in all States in which the applicant holds or has held a license.
“(d) Background Checks.—A licensing authority that receives an application described in subsection (b) may conduct a background check of the applicant before carrying out subsection (a) or (b).
“(e) Interstate Compacts.—If a servicemember or spouse of a servicemember has a covered license to operate in multiple States pursuant to an interstate compact described in section 1784 of title 10, United States Code—
“(1) the servicemember or spouse of a servicemember shall be subject to the requirements of such compact or the applicable provisions of law of the applicable State; and
“(2) this section shall not apply to such servicemember or spouse of a servicemember.
“(f) Definitions.—In this section:
“(1) The term ‘covered license’ means a professional license that, with respect to a scope of practice—
“(A) is in good standing with the licensing authority that issued such license;
“(B) has not been revoked or had discipline imposed by any State;
“(C) does not have an investigation relating to unprofessional conduct pending in any State relating to it; and
“(D) has not been voluntarily surrendered while under investigation for unprofessional conduct in any State.
“(2) The term ‘license’ means any license, certificate, or other evidence of qualification that an individual is required to obtain before the individual may engage in, or represent himself or herself to be a member of, a particular profession.
“(3) The term ‘licensing authority’ means any State board, commission, department, or agency that—
“(A) is established in the State for the primary purpose of regulating the entry of persons into or the conduct of persons within, a particular profession; and
“(B) is authorized to issue licenses.
“(4) The term ‘military orders’ has the meaning given such term in section 305.
“(5) The term ‘scope of practice’ means the defined parameters of various duties or services that may be provided by an individual under a license.”
SEC. 588. Child Care Services and Youth Program Services for Dependents.
SEC. 589. Child Care Services and Youth Program Services for Dependents: Period of Services for a Member with a Spouse Seeking Employment.
SEC. 589A. Child Development Program Staffing and Compensation Model.
SEC. 589B. Inclusive Playground Pilot Program.
Subtitle J Dependent Education
SEC. 591. Advisory Committees for Department of Defense Domestic Dependents Schools.
“(d) School Advisory Committees.—
(1) The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall provide for the establishment of an advisory committee for each Department of Defense elementary or secondary school established at a military installation under this section.
“(2) An advisory committee established under paragraph (1) for a school at a military installation—
“(A) shall advise the principal or superintendent of the school with respect to the operation of the school;
“(B) may make recommendations with respect to curriculum and budget matters; and
“(C) except in the case of an advisory committee for a school on a military installation described in paragraph (4), shall advise the commander of the military installation with respect to problems concerning the education of dependents within the jurisdiction of the commander.
“(3)
(A) The membership of each advisory committee established for a school described in paragraph (1)—
“(i) shall include an equal number of parents of students enrolled in the school and of employees working at the school; and
“(ii) when appropriate, may include a student enrolled in the school.
“(B) In addition to the members described in subparagraph (A), the membership of each advisory committee shall include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.
“(4) In the case of a military installation where there is more than one school in the Department of Defense elementary and secondary school system, the Secretary, acting through the Director, shall provide for the establishment of an advisory committee for the military installation to advise the commander of the military installation with respect to the education of dependents.
“(5)
(A) Except in the case of a nonvoting member designated under paragraph (3)(B), members of an advisory committee established under this subsection shall be elected by individuals of voting age residing in the area to be served by the advisory committee.
“(B) The Secretary, acting through the Director, shall by regulation prescribe the qualifications for election to an advisory committee established under this subsection and procedures for conducting elections of members to such an advisory committee.
“(6) Members of an advisory committee established under this subsection shall serve without pay.”
SEC. 592. Eligibility of Dependents of Certain Deceased Members of the Armed Forces for Enrollment in Department of Defense Domestic Dependent Elementary and Secondary Schools.
“(2)
(A) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of the armed forces who died in—
“(i) an international terrorist attack against the United States or a foreign country friendly to the United States, as determined by the Secretary;
“(ii) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force; or
“(iii) the line of duty in a combat-related operation, as designated by the Secretary.
“(B)
(i) Except as provided by clause (ii), enrollment of a dependent described in subparagraph (A) in a Department of Defense education program provided pursuant to subsection (a) shall be on a tuition-free, space available basis.
“(ii) In the case of a dependent described in subparagraph (A) residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may authorize enrollment of the dependent in a Department of Defense education program provided pursuant to subsection (a) on a tuition-free, space required basis.”
SEC. 593. Expansion of Eligibility for Virtual Programs Operated by Department of Defense Education Activity.
“(B) is a home-schooled student.”
; and
“(2) In this subsection, the term ‘home-schooled student’ means a student in a grade equivalent to kindergarten or any of grades 1 through 12 who receives educational instruction at home or by other nontraditional means outside of a public or private school system, either all or most of the time.”
SEC. 594. Authorization for School Meal Programs at Department of Defense Dependent Schools.
“(m) Meal Programs.—
(1) The Secretary of Defense may administer a meal program, consistent with Federal law and standards prescribed by the Secretary of Agriculture for that meal program, for students enrolled in a school established under this section.
“(2) In this subsection, the term ‘meal program’ means a program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).”
“(e) Meal Programs.—In addition to carrying out the requirement under section 20 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b) to administer lunch programs in certain dependents’ schools, the Secretary of Defense may administer a school breakfast program for students attending a school of the defense dependents’ education system.”
SEC. 595. Eligibility of Certain Dependents for Enrollment in Domestic Dependent Elementary and Secondary Schools.
“§ 2164b. Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools
“(a) Program Authorized.—Beginning not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Secretary of Defense shall carry out a program under which a dependent of a full-time, active- duty member of the armed forces may enroll in a covered DODEA school at the military installation to which the member is assigned, on a space-available basis as described in subsection (b), without regard to whether the member resides on the installation as described in section 2164(a)(1) of this title.
“(b) Enrollment on Space-available Basis.—A student participating in the program under subsection (a) may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, as determined by the Director of the Department of Defense Education Activity.
“(c) Locations.—The Secretary shall select military installations for participation in the program under subsection (a) based on—
“(1) the readiness needs of the Secretary of the military department concerned; and
“(2) the capacity of the covered DODEA schools located at the installation to accept additional students, as determined by the Director.
“(d) Briefings Required.—
“(1) In general.—Not later than April 1, 2025, and annually thereafter for four years, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the program under subsection (a).
“(2) Elements.—Each briefing required by paragraph (1) shall include the following:
“(A) An identification of the military installations participating in the program under subsection (a).
“(B) The number of students enrolled in covered DODEA schools under the program.
“(e) Notifications of Participating Installations.—Not later than 90 days before officially announcing the participation of a new military installation in the program under subsection (a), the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives with respect to the participation of the installation.
“(f) Covered DODEA School Defined.—In this section, the term ‘covered DODEA school’ means a domestic dependent elementary or secondary school operated by the Department of Defense Education Activity that—
“(1) was established on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025; and
“(2) is located in the continental United States.”
SEC. 596. Staffing of Department of Defense Education Activity Schools to Maintain Maximum Student-To-Teacher Ratios.
SEC. 597. Enrollment in Defense Dependents’ Education System of Children of Foreign Military Members Assigned to United Nations Command.
“(A) the Supreme”
“(B) the United Nations Command, but only in a school of the defense dependents’ education system in South Korea or Japan.”
; and
SEC. 598. Certain Assistance to Local Educational Agencies That Benefit Dependents of Military and Civilian Personnel.
SEC. 599. Training Requirements Teachers in 21st Century Schools of the Department of Defense Education Activity.
SEC. 599A. Overseas Transfer Program for Educators in Schools Operated by the Department of Defense Education Activity.
SEC. 599B. Parental Right to Notice of Student Nonproficiency in Reading or Language Arts.
TITLE VI Compensation and Other Personnel Benefits
Subtitle A Basic Pay, Retired Pay, and Leave
SEC. 601. Reform of Basic Pay Rates.
| Pay Grade | 2 Years or Less | Over 2 Years | Over 3 Years | Over 4 Years | Over 6 Years |
| O-8 | $13,380.00 | $13,818.90 | $14,109.30 | $14,190.30 | $14,553.60 |
| O-7 | 11,117.70 | 11,634.00 | 11,873.10 | 12,063.60 | 12,407.10 |
| O-6 | 8,430.90 | 9,261.90 | 9,870.00 | 9,870.00 | 9,907.80 |
| O-5 | 7,028.40 | 7,917.30 | 8,465.40 | 8,568.60 | 8,910.90 |
| O-4 | 6,064.20 | 7,019.70 | 7,488.90 | 7,592.40 | 8,027.10 |
| O-3 | 5,331.60 | 6,044.10 | 6,522.60 | 7,112.40 | 7,453.80 |
| O-2 | 4,606.80 | 5,246.70 | 6,042.90 | 6,247.20 | 6,375.30 |
| O-1 | 3,998.40 | 4,161.90 | 5,031.30 | 5,031.30 | 5,031.30 |
| Over 8 Years | Over 10 Years | Over 12 Years | Over 14 Years | Over 16 Years | |
| O-8 | $15,159.30 | $15,300.60 | $15,876.30 | $16,042.20 | $16,538.10 |
| O-7 | 12,747.30 | 13,140.00 | 13,531.50 | 13,925.10 | 15,159.30 |
| O-6 | 10,332.30 | 10,388.70 | 10,388.70 | 10,979.10 | 12,022.80 |
| O-5 | 9,114.90 | 9,564.90 | 9,895.80 | 10,322.70 | 10,974.30 |
| O-4 | 8,493.60 | 9,075.00 | 9,526.20 | 9,840.60 | 10,020.90 |
| O-3 | 7,827.90 | 8,069.10 | 8,466.60 | 8,674.50 | 8,674.50 |
| O-2 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 |
| O-1 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 |
| Over 18 Years | Over 20 Years | Over 22 Years | Over 24 Years | Over 26 Years | |
| O-10 | $0.00 | $18,808.20 | $18,808.20 | $18,808.20 | $18,808.20 |
| O-9 | 0.00 | 18,808.20 | 18,808.20 | 18,808.20 | 18,808.20 |
| O-8 | 17,256.00 | 17,917.20 | 18,359.10 | 18,359.10 | 18,359.10 |
| O-7 | 16,202.10 | 16,202.10 | 16,202.10 | 16,202.10 | 16,285.50 |
| O-6 | 12,635.40 | 13,247.70 | 13,596.30 | 13,949.10 | 14,632.80 |
| O-5 | 11,285.10 | 11,592.30 | 11,940.90 | 11,940.90 | 11,940.90 |
| O-4 | 10,125.00 | 10,125.00 | 10,125.00 | 10,125.00 | 10,125.00 |
| O-3 | 8,674.50 | 8,674.50 | 8,674.50 | 8,674.50 | 8,674.50 |
| O-2 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 |
| O-1 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 |
| Over 28 Years | Over 30 Years | Over 32 Years | Over 34 Years | Over 36 Years | |
| O-10 | $18,808.20 | $18,808.20 | $18,808.20 | $18,808.20 | $18,808.20 |
| O-9 | 18,808.20 | 18,808.20 | 18,808.20 | 18,808.20 | 18,808.20 |
| O-8 | 18,359.10 | 18,808.20 | 18,808.20 | 18,808.20 | 18,808.20 |
| O-7 | 16,285.50 | 16,611.00 | 16,611.00 | 16,611.00 | 16,611.00 |
| O-6 | 14,632.80 | 14,925.00 | 14,925.00 | 14,925.00 | 14,925.00 |
| O-5 | 11,940.90 | 11,940.90 | 11,940.90 | 11,940.90 | 11,940.90 |
| O-4 | 10,125.00 | 10,125.00 | 10,125.00 | 10,125.00 | 10,125.00 |
| O-3 | 8,674.50 | 8,674.50 | 8,674.50 | 8,674.50 | 8,674.50 |
| O-2 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 | 6,375.30 |
| O-1 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 | 5,031.30 |
| Over 38 Years | Over 40 Years | ||||
| O-10 | $18,808.20 | $18,808.20 | |||
| O-9 | 18,808.20 | 18,808.20 | |||
| O-8 | 18,808.20 | 18,808.20 | |||
| O-7 | 16,611.00 | 16,611.00 | |||
| O-6 | 14,925.00 | 14,925.00 | |||
| O-5 | 11,940.90 | 11,940.90 | |||
| O-4 | 10,125.00 | 10,125.00 | |||
| O-3 | 8,674.50 | 8,674.50 | |||
| O-2 | 6,375.30 | 6,375.30 | |||
| O–-1 | 5,031.30 | 5,031.30 | |||
| Basic pay for officers in pay grades O-7 through O-10 may not exceed the rate of pay for level II of theExecutive Schedule. This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs ofStaff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandantof the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, Chief of the NationalGuard Bureau, or commander of a unified or specified combatant command (as defined in section 161(c) oftitle 10, United States Code).2 Basic pay for officers in pay grades O-6 and below may not exceed the rate of pay for level V of theExecutive Schedule.3 This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been cred-ited with over 4 years of active-duty service as an enlisted member or warrant officer. | |||||
| Pay Grade | 2 Years or Less | Over 2 Years | Over 3 Years | Over 4 Years | Over 6 Years |
| O-3E | $0.00 | $0.00 | $0.00 | $7,112.40 | $7,453.80 |
| O-2E | 0.00 | 0.00 | 0.00 | 6,247.20 | 6,375.30 |
| O-1E | 0.00 | 0.00 | 0.00 | 5,031.30 | 5,372.40 |
| Over 8 Years | Over 10 Years | Over 12 Years | Over 14 Years | Over 16 Years | |
| O-3E | $7,827.90 | $8,069.10 | $8,466.60 | $8,802.60 | $8,995.20 |
| O-2E | 6,578.10 | 6,920.70 | 7,185.90 | 7,383.00 | 7,383.00 |
| O-1E | 5,571.30 | 5,774.40 | 5,973.60 | 6,247.20 | 6,247.20 |
| Over 18 Years | Over 20 Years | Over 22 Years | Over 24 Years | Over 26 Years | |
| O-3E | $9,257.70 | $9,257.70 | $9,257.70 | $9,257.70 | $9,257.70 |
| O-2E | 7,383.00 | 7,383.00 | 7,383.00 | 7,383.00 | 7,383.00 |
| O-1E | 6,247.20 | 6,247.20 | 6,247.20 | 6,247.20 | 6,247.20 |
| Over 28 Years | Over 30 Years | Over 32 Years | Over 34 Years | Over 36 Years | |
| O-3E | $9,257.70 | $9,257.70 | $9,257.70 | $9,257.70 | $9,257.70 |
| O-2E | 7,383.00 | 7,383.00 | 7,383.00 | 7,383.00 | 7,383.00 |
| O-1E | 6,247.20 | 6,247.20 | 6,247.20 | 6,247.20 | 6,247.20 |
| Over 38 Years | Over 40 Years | ||||
| O-3E | $9,257.70 | $9,257.70 | |||
| O-2E | 7,383.00 | 7,383.00 | |||
| O-1E | 6,247.20 | 6,247.20 | |||
| This table applies to commissioned officers in the Reserve Component with more than 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member, which are creditable toward reserve retirement. | |||||
| Pay Grade | 2 Years or Less | Over 2 Years | Over 3 Years | Over 4 Years | Over 6 Years |
| W-4 | $5,510.40 | $5,926.80 | $6,096.90 | $6,264.30 | $6,552.90 |
| W-3 | 5,032.20 | 5,241.30 | 5,457.00 | 5,526.90 | 5,752.20 |
| W-2 | 4,452.60 | 4,873.80 | 5,003.10 | 5,092.50 | 5,380.80 |
| W-1 | 3,908.10 | 4,329.30 | 4,442.10 | 4,681.20 | 4,963.50 |
| Over 8 Years | Over 10 Years | Over 12 Years | Over 14 Years | Over 16 Years | |
| W-4 | $6,838.20 | $7,127.10 | $7,560.90 | $7,941.90 | $8,304.30 |
| W-3 | 6,195.60 | 6,657.60 | 6,875.10 | 7,126.80 | 7,385.40 |
| W-2 | 5,829.60 | 6,052.50 | 6,271.20 | 6,539.10 | 6,748.50 |
| W-1 | 5,379.90 | 5,574.30 | 5,847.00 | 6,114.30 | 6,324.60 |
| Over 18 Years | Over 20 Years | Over 22 Years | Over 24 Years | Over 26 Years | |
| W-5 | $0.00 | $9,797.40 | $10,294.50 | $10,665.00 | $11,074.20 |
| W-4 | 8,601.60 | 8,891.10 | 9,315.60 | 9,664.80 | 10,062.90 |
| W-3 | 7,851.90 | 8,166.30 | 8,354.40 | 8,554.50 | 8,827.20 |
| W-2 | 6,937.80 | 7,164.60 | 7,313.70 | 7,431.90 | 7,431.90 |
| W-1 | 6,518.40 | 6,753.60 | 6,753.60 | 6,753.60 | 6,753.60 |
| Over 28 Years | Over 30 Years | Over 32 Years | Over 34 Years | Over 36 Years | |
| W-5 | $11,074.20 | $11,628.90 | $11,628.90 | $12,209.40 | $12,209.40 |
| W-4 | 10,062.90 | 10,263.60 | 10,263.60 | 10,263.60 | 10,263.60 |
| W-3 | 8,827.20 | 8,827.20 | 8,827.20 | 8,827.20 | 8,827.20 |
| W-2 | 7,431.90 | 7,431.90 | 7,431.90 | 7,431.90 | 7,431.90 |
| W-1 | 6,753.60 | 6,753.60 | 6,753.60 | 6,753.60 | 6,753.60 |
| Over 38 Years | Over 40 Years | ||||
| W-5 | $12,821.10 | $12,821.10 | |||
| W-4 | 10,263.60 | 10,263.60 | |||
| W-3 | 8,827.20 | 8,827.20 | |||
| W-2 | 7,431.90 | 7,431.90 | |||
| W-1 | 6,753.60 | 6,753.60 | |||
| Basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule. | |||||
| Pay Grade | 2 Years or Less | Over 2 Years | Over 3 Years | Over 4 Years | Over 6 Years |
| E-7 | $3,788.10 | $4,134.30 | $4,293.00 | $4,502.10 | $4,666.50 |
| E-6 | 3,276.60 | 3,606.00 | 3,765.00 | 3,919.80 | 4,080.60 |
| E-5 | 3,220.50 | 3,466.50 | 3,637.50 | 3,802.20 | 3,959.40 |
| E-4 | 3,027.30 | 3,182.10 | 3,354.90 | 3,524.70 | 3,675.60 |
| E-3 | 2,733.00 | 2,904.60 | 3,081.00 | 3,081.00 | 3,081.00 |
| E-2 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 |
| E-1 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 |
| Over 8 Years | Over 10 Years | Over 12 Years | Over 14 Years | Over 16 Years | |
| E-9 | $0.00 | $6,657.30 | $6,807.90 | $6,997.80 | $7,221.60 |
| E-8 | 5,449.50 | 5,690.70 | 5,839.80 | 6,018.60 | 6,212.10 |
| E-7 | 4,947.60 | 5,106.30 | 5,387.10 | 5,621.40 | 5,781.30 |
| E-6 | 4,443.90 | 4,585.20 | 4,858.80 | 4,942.50 | 5,003.40 |
| E-5 | 4,142.40 | 4,234.50 | 4,259.70 | 4,259.70 | 4,259.70 |
| E-4 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 |
| E-3 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 |
| E-2 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 |
| E-1 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 |
| Over 18 Years | Over 20 Years | Over 22 Years | Over 24 Years | Over 26 Years | |
| E-9 | $7,447.80 | $7,808.40 | $8,114.70 | $8,436.00 | $8,928.60 |
| E-8 | 6,561.90 | 6,739.20 | 7,040.70 | 7,207.80 | 7,619.40 |
| E-7 | 5,951.10 | 6,017.10 | 6,238.20 | 6,356.70 | 6,808.80 |
| E-6 | 5,074.80 | 5,074.80 | 5,074.80 | 5,074.80 | 5,074.80 |
| E-5 | 4,259.70 | 4,259.70 | 4,259.70 | 4,259.70 | 4,259.70 |
| E-4 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 |
| E-3 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 |
| E-2 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 |
| E-1 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 |
| Over 28 Years | Over 30 Years | Over 32 Years | Over 34 Years | Over 36 Years | |
| E-9 | $8,928.60 | $9,374.10 | $9,374.10 | $9,843.30 | $9,843.30 |
| E-8 | 7,619.40 | 7,772.10 | 7,772.10 | 7,772.10 | 7,772.10 |
| E-7 | 6,808.80 | 6,808.80 | 6,808.80 | 6,808.80 | 6,808.80 |
| E-6 | 5,074.80 | 5,074.80 | 5,074.80 | 5,074.80 | 5,074.80 |
| E-5 | 4,259.70 | 4,259.70 | 4,259.70 | 4,259.70 | 4,259.70 |
| E-4 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 | 3,675.60 |
| E-3 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 | 3,081.00 |
| E-2 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 | 2,599.20 |
| E-1 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 | 2,319.00 |
| Over 38 Years | Over 40 Years | ||||
| E-9 | $10,336.50 | $10,336.50 | |||
| E-8 | 7,772.10 | 7,772.10 | |||
| E-7 | 6,808.80 | 6,808.80 | |||
| E-6 | 5,074.80 | 5,074.80 | |||
| E-5 | 4,259.70 | 4,259.70 | |||
| E-4 | 3,675.60 | 3,675.60 | |||
| E-3 | 3,081.00 | 3,081.00 | |||
| E-2 | 2,599.20 | 2,599.20 | |||
| E-1 | 2,319.00 | 2,319.00 | |||
| Basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for noncommissioned officers serving as Ser-geant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeantof the Air Force, Sergeant Major of the Marine Corps, Chief Master Sergeant of the Space Force, Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior Enlisted Advisor to the Chief ofthe National Guard Bureau, basic pay for this grade is $10,758.00 per month, regardless of cumulativeyears of service under section 205 of title 37, United States Code. 3 In the case of members in pay grade E-1 who have served fewer than 4 months on active duty, therate of basic pay is $2,144.10. | |||||
SEC. 602. Policy on Postpartum Physical Fitness Tests and Body Composition Assessments.
SEC. 603. Extension of Parental Leave to Members of the Coast Guard Reserve.
SEC. 604. Elimination of Cap on Additional Retired Pay for Extraordinary Heroism for Members of the Army and Air Force Who Served During the Vietnam Era.
SEC. 605. Calculation of Retired Pay for Certain Officers Who Served in Grade O–9 or O–10 and Retired in Grade O–8.
“(4) Special rule for officers who served in grade o–9 or o–10 and retired in grade o–8.—In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—
“(A) the amount determined under subsection (c) or (d), as applicable; or
“(B) the amount determined under section 1406 of this title, as if the officer first became a member of a uniformed service before September 8, 1980.”
Subtitle B Bonus and Incentive Pays
SEC. 611. One-Year Extension of Certain Expiring Bonus and Special Pay Authorities.
SEC. 612. Increase in Accession Bonus for Health Professions Scholarship and Financial Assistance Program.
SEC. 613. Increase in Maximum Skill Proficiency Bonus Amount.
Subtitle C Allowances
SEC. 621. Basic Needs Allowance for Members on Active Service in the Armed Forces: Expansion of Eligibility; Increase of Amount.
SEC. 622. Authority to Pay Basic Allowance for Housing to Junior Enlisted Members on Sea Duty.
SEC. 623. Reimbursement of Expenses Relating to Travel for Inactive-Duty Training and Muster Duty.
“(j) Travel for Inactive-duty Training and Muster Duty.—
(1) If a member of the uniformed services travels more than 50 miles from the member’s permanent residence (as established under paragraph (2)) for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of that subsection, the member shall be provided, in the form of actual expenses, in-kind, or a combination thereof—
“(A) actual and necessary expenses of travel and transportation for, or in connection with, such travel; and
“(B) meals, incidentals, and expenses related to such travel, to the same extent specified in regulations prescribed under section 464 of this title for a member on official travel.
“(2) For purposes of paragraph (1), the permanent residence of a member—
“(A) shall be established not later than 30 days after the date on which the permanent duty assignment of the member begins; and
“(B) may not be re-established until after the member receives subsequent orders for a permanent change of assignment.
“(3) In the case of a member whose permanent residence changes after the date described in subparagraph (A) of paragraph (2) and before the member receives orders described in subparagraph (B) of such paragraph, the Secretary concerned may provide the member expenses described in paragraph (1) or such other reimbursement as the Secretary determines appropriate if the member travels more than 50 miles from the new permanent residence of the member for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of such subsection.”
SEC. 624. Expansion of Travel and Transportation Allowance to Move or Store Privately Owned Vehicles.
SEC. 625. Extension of Authority to Pay One-Time Uniform Allowance for Officers Who Transfer to the Space Force.
SEC. 626. Travel and Transportation Allowances: Prohibition of Requirement of Zero-Emission Vehicle.
SEC. 627. Evaluation of the Rates of the Basic Allowance for Subsistence.
SEC. 628. Report Regarding the Calculation of Cost-Of-Living Allowances.
Subtitle D Family and Survivor Benefits
SEC. 631. Expansion of Eligibility for Certain Benefits That Arise from the Death of a Member of the Armed Forces.
“(11) Any person not otherwise covered by this section whose death entitles a survivor of such person to a death gratuity under section 1475 of this title.”
“(C) an individual not described in subparagraph (A) or (B) who is entitled to a death gratuity under section 1475 of title 10, United States Code.”
SEC. 632. Extension of Time for Minor Survivors to File Death Gratuity Claims.
“(e) In the case of a claim for a death gratuity under this chapter by an individual who is younger than 21 years of age on the date of the death with respect to which the claim is made, the individual shall file the claim with the Secretary of Defense not later than the later of—
“(1) the date that is three years after the individual reaches 21 years of age; or
“(2) the date that is six years after the date of the death with respect to which the claim is made.”
SEC. 633. Parent Fees at Military Child Development Centers for Child Care Employees.
“(d) Child Care Employee Discount.—In order to support recruitment and retention initiatives, the Secretary of Defense shall charge reduced fees for the attendance, at a military child development center, of the children of a child care employee as follows:
“(1) For the first child, no fee.
“(2) For each other child, a fee equal to or less than a fee discounted under subsection (c).
“(e) Prohibition of Concurrent Discounts.—A family may not receive discounts under subsections (c) and (d) concurrently.”
SEC. 634. Information Regarding Paternal Engagement on Website of Military Onesource.
“(11) Programs that encourage paternal engagement with the family.”
Subtitle E Defense Resale Matters
SEC. 641. Prohibition on Sale of Garlic from the People’s Republic of China at Commissary Stores.
“(l) Prohibition on Sale of Garlic From People’s Republic of China.—The Secretary of Defense shall prohibit the sale at any commissary store of fresh or chilled garlic—
“(1) classified under subheading 0703.20.00 of the Harmonized Tariff Schedule of the United States; and
“(2) that originated from, or was processed in, the People’s Republic of China.”
SEC. 642. Sale of Certain Supplies of the Navy and Marine Corps to Certain Former Members of the Coast Guard.
Subtitle F Other Benefits, Reports, and Briefings
SEC. 651. Access to Broadband Internet Access Service for Certain Members of the Armed Forces.
“§ 2265. Access to broadband internet access service for certain members of the armed forces
“The Secretary of a military department may provide, to a member of the armed forces who resides in military unaccompanied housing (as defined in section 2871 of this title) within the United States, broadband internet access service, at no cost to such member.”
SEC. 652. Extension of Exclusion of Certain Employees from Government Lodging Program.
“(3) Briefings required.—
“(A) In general.—Not later than February 1, 2025, and annually thereafter through February 1, 2030, the Secretary shall brief the congressional defense committees on the exclusion under paragraph (1) from the requirements of a Government lodging program carried out under subsection (a).
“(B) Elements.—Each briefing required by subparagraph (A) shall include, for the year preceding the briefing, the following:
“(i) A description of the instances in which the exclusion under paragraph (1) was used.
“(ii) A description of the lodging used under that exclusion.
“(iii) A statement of the difference in cost between lodging used under that exclusion and lodging provided under a Government lodging program carried out under subsection (a) in each location where lodging under the exclusion was used.
“(iv) Such other matters as the Secretary considers relevant.”
SEC. 653. Promotion of Tax Preparation Assistance Programs.
SEC. 654. Pilot Program to Increase Access to Food on Military Installations of the Army.
TITLE VII Health Care Provisions
Subtitle A TRICARE and Other Health Benefits
SEC. 701. Access to Specialty Behavioral Health Care under Tricare Prime.
“(c) Access to Specialty Behavioral Health Care.—
“(1) Monitoring.—The Secretary shall continuously monitor the ability of beneficiaries under TRICARE Prime to receive an appointment for specialty behavioral health care under TRICARE Prime within the access standards established under subsection (b)(2)(B) for such health care.
“(2) Expansion of behavioral health accreditation standards.—
“(A) Determinations.—The Secretary shall expand required behavioral health accreditation standards in a State if the Secretary makes the following determinations:
“(i) Access to specialty behavioral health care in that State fails to meet the access standards established under subsection (b)(2)(B) for more than 12 consecutive months.
“(ii) The expanded accreditation standards are adequate to ensure quality of care.
“(B) State credentials.—The Secretary may include in expanded behavioral health accreditation standards under subparagraph (A) appropriate credentials issued by State-level organizations.
“(C) Briefings.—If the Secretary expands behavioral health accreditation standards under subparagraph (A), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on such expansion, including how such expansion affects access to specialty behavioral health care.
“(D) Notifications.—If the Secretary makes a determination under clause (i) of subparagraph (A), but does not make a determination under clause (ii) of such subparagraph, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice explaining both such determinations.
“(3) Termination.—The authority of the Secretary under this subsection shall terminate on January 1, 2028.”
SEC. 702. Reduction or Waiver of Cost-Sharing Amounts under Tricare Pharmacy Benefits Program for Certain Dependents Enrolled in Tricare Prime Remote Program.
“(D) Notwithstanding subparagraphs (A), (B), and (C), the Secretary may selectively waive or reduce cost-sharing amounts under this subsection for a dependent of a member of the uniformed services described in section 1074(c)(3)(B) of this title if the dependent is enrolled in the TRICARE Prime Remote program and accompanies the member to the duty assignment of the member at the expense of the Federal Government.”
SEC. 703. Tricare Program: Waiver of Referral Requirement under Tricare Prime for Certain Care in a Military Medical Treatment Facility.
“(B) The Secretary shall waive the referral requirement in paragraph (1) in the case of a member of the armed forces serving on active duty who seeks to obtain any of the following kinds of care in a military medical treatment facility:
“(i) Physical therapy.
“(ii) Nutritional.
“(iii) Audiological.
“(iv) Optometric.
“(v) Podiatric.”
SEC. 704. Extension of Effective Date Regarding Certain Improvements to the Tricare Dental Program.
SEC. 705. Program to Prevent Perinatal Mental Health Conditions in Pregnant and Postpartum Members of the Armed Forces.
SEC. 706. Guidance on Authority to Provide Travel and Transportation Allowances for Specialty Care under Exceptional Circumstances.
SEC. 707. Contraception Coverage Parity under the Tricare Program.
“(E) Notwithstanding subparagraphs (A), (B), and (C), the cost-sharing amount under this subsection for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in paragraph (2)(E)(ii) or through the national mail-order pharmacy program is $0.”
“(2)
(A) Notwithstanding any other provision of this section, the cost-sharing amount under this section for any beneficiary enrolled in TRICARE Select for a service described in subparagraph (B) that is provided by a network provider is $0.
“(B) A service described in this subparagraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such contraceptive, care, or procedure.”
“(d) Prohibition on Cost-sharing for Certain Services.—
(1)
(A) Notwithstanding any other provision of this section, the cost-sharing amount under this section for any beneficiary enrolled in TRICARE Prime for a service described in subparagraph (B) that is provided under TRICARE Prime is $0.
“(B) A service described in this subparagraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such contraceptive, care, or procedure.”
SEC. 708. Prohibition of Coverage under Tricare Program of Certain Medical Procedures for Children That Could Result in Sterilization.
“(20) Medical interventions for the treatment of gender dysphoria that could result in sterilization may not be provided to a child under the age of 18.”
SEC. 709. Demonstration Program on Cryopreservation and Storage of Gametes of Certain Members of the Armed Forces.
Subtitle B Health Care Administration
SEC. 711. Identification in Patient Medical Records of Affiliation of Certain Non-Department of Defense Health Care Providers.
“§ 1091a. Identification in patient medical records of affiliation of certain non-Department of Defense health care providers
“(a) Requirement.—The Secretary of Defense shall ensure that medical records of the Department of Defense include the organizational affiliation of any independent health care contractor identified in such medical records.
“(b) Independent Health Care Contractor Defined.—In this section, the term ‘independent health care contractor’ means a health care provider who meets the following criteria:
“(1) The health care provider is a nonpersonal services contractor, or an employee of such a contractor, pursuant to subpart 37.4 of the Federal Acquisition Regulation, or other applicable regulation.
“(2) The health care provider provides health care services under this chapter in any military medical treatment facility (as defined in section 1073c(i) of this title) or other location under the jurisdiction of the Secretary of Defense, including an operational clinic.”
SEC. 712. Extension of Enhanced Appointment and Compensation Authority for Certain Health Care Providers.
SEC. 713. Licensure Requirement for Certain Health Care Professionals Providing Certain Examinations to Members of the Reserve Components.
SEC. 714. Health Care Licensure Portability for Tricare Network Providers Providing Mental Health Services to Members of the Armed Forces and Certain Family Members.
“(4) To the extent provided in regulations prescribed by the Secretary for the purpose of assuring the availability of high-quality mental health care services to members of the armed forces and dependents entitled to health care under section 1076 of this title, a health care professional referred to in paragraph (1) as being described in this paragraph is a mental health provider providing care through a network under the TRICARE program who—
“(A) has a current license to practice as a mental health care professional;
“(B) is providing tele-mental health care services to members of the armed forces or such dependents; and
“(C) is providing such services under terms and conditions specified by the Secretary (which shall establish the scope of authorized Federal duties for purposes of paragraph (1)).”
SEC. 715. Expansion of Recognition by the Defense Health Agency of Certifying Bodies for Physicians.
SEC. 716. Waiver with Respect to Experienced Nurses at Military Medical Treatment Facilities.
SEC. 717. Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment Facilities.
SEC. 718. Retention of Health Care Providers: Surveys; Briefing; Reports.
Subtitle C Matters Relating to Brain Health
SEC. 721. Establishment of Defense Intrepid Network for Traumatic Brain Injury and Brain Health as Program of Record.
SEC. 722. Brain Health and Trauma Program.
SEC. 723. Modifications to Brain Health Initiative of Department of Defense.
“(B) In accordance with subsection (c), the identification and dissemination of thresholds for blast exposure and overpressure safety and associated emerging scientific evidence that—
“(i) cover brain injury and impulse noise;
“(ii) measure impact over 24-hour, 72-hour to 96-hour, monthly, annual, and lifetime periods;
“(iii) are designed to prevent cognitive deficits after firing;
“(iv) account for the cumulative impact of firing multiple weapon systems during the same period;
“(v) include minimum safe distances and levels of exposure for observers and instructors; and
“(vi) address shoulder-fired heavy weapons.”
; and
“(H) The establishment of a standardized treatment program based on interventions that have shown benefit to individuals with brain health issues after a brain injury and the provision of that treatment program to individuals with brain health issues after a brain injury resulting from a potential brain exposure described in subparagraph (A) or high-risk training or occupational activities described in subparagraph (D).
“(I) The establishment of policies to encourage members of the Armed Forces to seek medical treatment for brain health when needed, prevent retaliation against such members who seek such medical treatment, and address other barriers to seeking medical treatment for brain health due to the impact of blast exposure, blast overpressure, or traumatic brain injury.
“(J) The modification of existing weapons systems to reduce blast exposure of the individual using the weapon and those within the minimum safe distance.”
“(c) Thresholds for Blast Exposure and Overpressure Safety.—
“(1) Timing.—
“(A) Initial thresholds.—Not later than January 1, 2027, the Secretary of Defense shall identify and disseminate the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B).
“(B) Periodic updates.—On a quinquennial basis, the Secretary shall review and, as necessary, update the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B).
“(2) Formal training requirement.—The Secretary shall ensure that training on the thresholds for blast exposure and overpressure safety is provided to members of the Armed Forces before training, deployment, or entering other high-risk environments where exposure to blast overpressure is likely.
“(3) Central repository.—Not later than January 1, 2027, the Secretary shall establish a central repository of blast-related characteristics, such as pressure profiles and common blast loads associated with specific systems and the environments in which the systems are used.
“(4) Waivers.—
“(A) Protocols.—The Secretary may waive the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B) for operational or training requirements that the Secretary determines are essential to national security. The Secretary shall include in each such waiver a justification for exceeding such thresholds.
“(B) Tracking system.—The Secretary shall establish a Department of Defense-wide tracking system for waivers issued under subparagraph (A) that includes data contributed by the Secretary of each military department.
“(C) Report on waivers.—Not later than one year after issuing a waiver under subparagraph (A) and annually thereafter for a period of five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such waivers that includes—
“(i) the number of waivers issued, disaggregated by military department; and
“(ii) a description of actions taken by the Secretary concerned to track the health effects of exceeding thresholds for blast exposure and overpressure safety on members of the Armed Forces, document such effects in medical records, and provide care to such members.”
“(4) Weapons use.—Monitoring activities under a pilot program conducted pursuant to paragraph (1) shall be carried out for any member of the Armed Forces firing tier 1 weapons in training or combat, as identified by the Secretary of Defense.”
; and
“(e) Reports on Warfighter Brain Health Initiative.—Not later than December 31, 2025, and not less frequently than annually thereafter for a period of five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following:
“(1) A description of the activities taken under the Initiative and resources expended under the Initiative during the prior fiscal year.
“(2) The number of members of the Armed Forces impacted by blast overpressure and blast exposure in the prior fiscal year, including—
“(A) the number of members who reported adverse health effects from blast overpressure or blast exposure;
“(B) the number of members exposed to blast overpressure or blast exposure;
“(C) the number of members who received treatment for injuries related to blast overpressure or blast exposure, including at facilities of the Department of Defense and at facilities in the private sector; and
“(D) the type of care that members receive from facilities of the Department of Defense and the type of care that members receive from facilities in the private sector.
“(3) A summary of the progress made during the prior fiscal year with respect to the objectives of the Initiative under subsection (b).
“(4) A description of the steps the Secretary is taking to ensure that activities under the Initiative are being implemented across the Department of Defense and the military departments.”
SEC. 724. Blast Overpressure and Traumatic Brain Injury Oversight Strategy and Action Plan.
SEC. 725. Establishment of Requirements Relating to Blast Overpressure Exposure.
Subtitle D Studies, Briefings, Reports, and Other Matters
SEC. 731. Treatment of Expert Medical Opinions with Respect to Medical Malpractice Claims by Members of the Uniformed Services.
“(g) Expert Medical Opinions.—In using an expert medical opinion to evaluate a claim under this section, the Secretary of Defense shall use the opinion of—
“(1) an individual who is board-certified in the medical specialty with respect to that claim; or
“(2) if the claim involves medical, dental, or related health care functions for which board certification does not apply, an individual who is a highly qualified expert regarding the relevant medical, dental, or related health care function.”
SEC. 732. Annual Reports on Medical Malpractice Claims by Members of the Uniformed Services.
“(j) Annual Reports.—Not less frequently than annually until 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on claims processed under this section that includes, with respect to the period covered by the report, the following:
“(1) The number of claims processed under this section.
“(2) The average timeline for resolving such claims.
“(3) The resolution of each such claim.
“(4) The number of claims that were denied based on the claim not meeting one or more requirement specified in subsection (b) (other than for not being substantiated pursuant to paragraph (6)), disaggregated by each such requirement.
“(5) Any other information that the Secretary determines may enhance the effectiveness of the claims process under this section.”
SEC. 733. Expansion of License Reciprocity for Veterinarians of Department of Defense.
SEC. 734. Medical Countermeasures for Overseas Personnel of the Department of Defense for Acute Radiation Syndrome and Thermal Burns.
SEC. 735. Establishment of Indo-Pacific Medical Readiness Program.
SEC. 736. Reports on Suicide Among Members of the Armed Forces and Suicide Prevention Programs and Activities of the Department of Defense.
“(F) The number of suicides identified under subparagraph (A) disaggregated by the military occupational specialty (or other similar classification, rating, or specialty code) of the member, excluding such specialities that the Secretary determines would not provide statistically valid data.
“(G) A compilation of suicide data by military occupational specialty covered under subparagraph (F) to determine which military career fields have a higher per capita suicide rate compared to—
“(i) other military career fields for the same time period;
“(ii) the overall suicide rate for each Armed Force for the same time period;
“(iii) the overall suicide rate for the Department of Defense for the same time period; and
“(iv) the national suicide rate for the same time period.
“(H) The number of suicides identified under subparagraph (A) disaggregated by the age of the member.”
SEC. 737. Study of Immune Response and Other Effects on Members of the Armed Forces Regarding Covid–19 Vaccines.
SEC. 738. Annual Report on Recruitment Delays Relating to Medical Conditions.
SEC. 739. Plan to Improve Access by Members of the Armed Forces to Safe, High-Quality Pharmaceuticals.
SEC. 740. Pilot Program on Delegation of Authority to Approve Reserve Component Recruits with Certain Medical Conditions.
TITLE VIII Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A Acquisition Policy and Management
SEC. 801. Modifications to Guidelines and Collection Method for Acquisition of Cost Data.
SEC. 802. Limitation on Certain Options for Cost Contracts.
“(d) Limitation on Certain Options.—
“(1) In general.—Except as provided by paragraph (2), a covered contract shall limit the number of low-rate production lots for any production quantities procured using fixed-priced options under such covered contract to not more than one.
“(2) Waiver.—
“(A) In general.—The service acquisition executive of the military department concerned or, in the case of program that is a joint program, the Secretary of Defense may waive the limit required under paragraph (1) with respect to the number of low-rate production lots for a production quantity under a covered contract if such service acquisition executive or the Secretary of Defense, as applicable, determines that such waiver is in the best interest of the Department of Defense.
“(B) Delegation limit.—Neither a service acquisition executive nor the Secretary of Defense may delegate the authority under subparagraph (A) to waive the limit required under paragraph (1) below the level of a service acquisition executive.
“(3) Definitions.—In this subsection:
“(A) The term ‘covered contract’ means a cost reimbursement contract for the development of a major system.
“(B) The term ‘low-rate initial production’ has the same meaning as in section 4231 of this title.
“(C) The term ‘major system’ has the meaning given such term in section 3041 of this title.”
SEC. 803. Treatment of Unilateral Definitization of a Contract as a Final Decision.
“(1) In general.—With respect to”
; and
“(2) Treatment of unilateral definitization of a contract as a final decision.—A unilateral definitization by a contracting officer shall be considered a final decision under chapter 71 of title 41, and a contractor may appeal this decision to the Armed Services Board of Contract Appeals or the United States Court of Federal Claims.”
SEC. 804. Middle Tier of Acquisition for Rapid Prototyping and Rapid Fielding.
“§ 3602. Middle tier of acquisition for rapid prototyping and rapid fielding
“(a) Guidance Required.—The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years.
“(b) Acquisition Pathways.—The Under Secretary of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways:
“(1) Rapid prototyping.—The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement.
“(2) Rapid fielding.—The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement.
“(c) Expedited Process.—
“(1) In general.—Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more than six months from the time that the process is initiated. Programs or projects carried out under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01.
“(2) Rapid prototyping.—With respect to the rapid prototyping pathway, the process described in paragraph (1) shall include—
“(A) a merit-based process for the consideration of innovative technologies and new capabilities to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders;
“(B) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway;
“(C) a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such program or project in an operational environment;
“(D) a process for transitioning successful prototypes to new or existing acquisition programs for production and fielding under the rapid fielding pathway or the major capability acquisition pathway (as defined under Department of Defense Instruction 5000.85 or successor instruction); and
“(E) a process for iterating prototyping and fielding within the rapid prototyping pathway that may use a process described in paragraph (4)(F).
“(3) Rapid fielding.—With respect to the rapid fielding pathway, the process described in paragraph (1) shall include—
“(A) a merit-based process for the consideration of existing products and proven technologies to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders;
“(B) a process for demonstrating performance and evaluating for current operational purposes the proposed products and technologies;
“(C) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway;
“(D) a process for considering lifecycle costs and addressing issues of logistics support and system interoperability; and
“(E) a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs.
“(4) Streamlined procedures.—The process described in paragraph (1) may provide for any of the following streamlined procedures:
“(A) The service acquisition executive of the military department concerned may appoint a program manager for a program or project for which the authority under this section is used from among candidates from among civilian employees or members of the armed forces who have significant and relevant experience managing large and complex programs.
“(B) A program manager appointed under subparagraph (A) may be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, and logistics, to enable the program manager to manage the program without the technical assistance of another element of the Department of Defense to the maximum extent practicable.
“(C) A program manager appointed under subparagraph (A) may, in coordination with the users of the good or service to be acquired under such a program or project and the test community, to make trade-offs among life- cycle costs, requirements, and schedules to meet the goals of the program or project.
“(D) Each service acquisition executive, acting in coordination with the defense acquisition executive, may serve as the decision authority for a program or project for which the authority under this section is used, or shall delegate such decision authority.
“(E) A program manager appointed under subparagraph (A) may seek an expedited waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the program manager determines adds cost, schedule, or performance delays with little or no value to the management of such program or project.
“(F) If an operational capability is fielded for a program or project for which the authority under this section is used, the appropriate service acquisition executive may permit continuous iterative prototyping and fielding under the same program or project for an unlimited number of subsequent periods, where each period is intended to be five years.”
“(2) Rapid acquisition pathway defined.—In this section, the term ‘rapid acquisition pathway’ means the rapid prototyping or the rapid fielding acquisition pathway authorized under section 3602 of this title.”
SEC. 805. Revision and Codification of Software Acquisition Pathways.
“§ 3603. Software acquisition pathways
“(a) Software Acquisition and Development Pathways.—The Secretary of Defense shall establish pathways as described under subsection (b) to provide for the efficient and effective acquisition, development, integration, and timely delivery of software and covered hardware. Such a pathway shall include the following:
“(b) Pathways.—The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways:
“(1) Applications.—The applications pathway shall provide for the use of rapid development and implementation of applications and other software or software improvements operated by the Department of Defense, which may include applications and associated procurement of covered hardware (including modifications of a type not customarily available in the commercial marketplace to meet Department requirements), commercially available cloud computing platforms, and other nondevelopmental items.
“(2) Embedded systems.—The embedded systems pathway shall provide for the rapid development and insertion of upgrades and improvements for software and covered hardware embedded in weapon systems and other hardware systems unique to the Department of Defense.
“(c) Requirements for Pathways.—A pathway established under this section shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities for software and covered hardware.
“(d) Considerations for Use of Authority.—In using the authority under this section, the Secretary shall consider how such use will—
“(1) initiate the engineering of new software capabilities quickly and, if applicable, the integration of such capabilities into covered hardware;
“(2) demonstrate the viability and effectiveness of such capabilities for operational use not later than one year after the date on which funds are first obligated to acquire or develop software; and
“(3) allow for the continuous updating and delivery of new capabilities not less frequently than annually to iteratively meet a requirement.
“(e) Treatment Not as Major Defense Acquisition Program.—Software and covered hardware acquired or developed using the authority under this section shall not be treated as a major defense acquisition program for purposes of section 4201 of title 10, United States Code, or Department of Defense Directive 5000.01 without the specific designation of such software and covered hardware by the Under Secretary of Defense for Acquisition and Sustainment or a service acquisition executive.
“(f) Risk-based Approach.—The Secretary of Defense shall use a risk-based approach for the consideration of innovative technologies and new capabilities for software and covered hardware to be acquired or developed under this authority to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders.
“(g) Expedited Process.—
“(1) In general.—A pathway established under this section shall provide for—
“(A) a streamlined and coordinated requirements, budget, and acquisition process to support rapid fielding of software applications and of software upgrades to embedded systems for operational use in a period of not more than one year from the time that the process is initiated;
“(B) the collection of data on software and covered hardware fielded; and
“(C) continuous engagement with the users of software and covered hardware to support—
“(i) engineering activities of the Department of Defense; and
“(ii) delivery of software and covered hardware for operational use in periods of not more than one year.
“(2) Expedited software requirements process.—
“(A) Inapplicability of joint capabilities integration and development system manual.—Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual, except pursuant to a modified process specifically provided for the acquisition or development of software by the Vice Chairman of the Joint Chiefs of Staff, in consultation with Under Secretary of Defense for Acquisition and Sustainment and each service acquisition executive.
“(B) Inapplicability of defense acquisition system directive.—Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to Department of Defense Directive 5000.01, except when specifically provided for the acquisition or development of software by the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Vice Chairman of the Joint Chiefs of Staff and each service acquisition executive.
“(h) Elements.—In implementing a pathway established under the authority of this section, the Secretary shall tailor requirements relating to—
“(1) iterative development of requirements for software and covered hardware to be acquired or developed under the authority of this section through engagement with the user community and through user feedback, in order to continuously define and update priorities for such requirements;
“(2) early identification of the warfighter or user needs including the rationale for how software and covered hardware to be acquired or developed under the authority of this section will be tailored to address such needs;
“(3) initial contract requirements and format, including the use of summary-level lists of problems in existing software and desired features or capabilities of new or upgraded software;
“(4) continuous refinement and prioritization of contract requirements, informed by continuous engagement with users throughout the period of development and implementation of software and covered hardware to be acquired or developed under this section;
“(5) continuous consideration of issues related to lifecycle costs, technical data rights, and systems interoperability;
“(6) planning for support of capabilities of software to be acquired or developed under this section if the software developer stops supporting the software;
“(7) rapid contracting procedures, including expedited timeframes for making awards, selecting contract types, defining teaming arrangements, and defining options;
“(8) program execution processes, including supporting development and test infrastructure, automation and tools, digital engineering, data collection and sharing with Department of Defense stakeholders and with Congress, the role of developmental and operational testing activities, key decision-making and oversight events, and supporting processes and activities (such as independent costing activity, operational demonstration, and performance metrics);
“(9) assurances that cybersecurity metrics of the software to be acquired or developed, such as metrics relating to the density of vulnerabilities within the code of such software, the time from vulnerability identification to patch availability, the existence of common weaknesses within such code, and other cybersecurity metrics based on widely-recognized standards and industry best practices, are generated and made available to the Department of Defense and the congressional defense committees;
“(10) administrative procedures, including procedures relating to who may initiate and approve an acquisition under this authority, the roles and responsibilities of persons implementing or supporting the use of authority under this section, team selection and staffing process, governance and oversight roles and responsibilities, and appropriate independent technology assessments, testing, and cost estimation (including relevant thresholds or designation criteria);
“(11) mechanisms and waivers designed to ensure flexibility in the implementation of a pathway under this section, including the use of other transaction authority, broad agency announcements, and other procedures; and
“(12) mechanisms the Secretary will use for appropriate reporting to Congress on the use of the authority under this section, including notice of initiation of the use of a pathway and data regarding individual programs or acquisition activities, how acquisition activities are reflected in budget justification materials or requests to reprogram appropriated funds, and compliance with other reporting requirements.
“(i) Definitions.—In this section:
“(1) The term ‘covered hardware’ means hardware—
“(A) that is a commercial product (as defined in section 103 of title 41) or a nondevelopmental item; and
“(B) in which software acquired under this section is embedded.
“(2) The term ‘nondevelopmental item’ has the meaning given in section 110 of title 41.”
SEC. 806. Streamlining of Milestone a Requirements.
“(b) Factors to Be Considered for Milestone a Approval.—A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority confirms that the following factors were considered in the decision to grant Milestone A approval:
“(1) The program or subprogram fulfills an approved requirements document.
“(2) The program or subprogram has conducted appropriate market research.
“(3) With respect to any identified areas of risk, there is a plan to reduce the risk.
“(4) Planning for sustainment has been addressed.
“(5) An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
“(6) A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution.
“(7) The program or subprogram meets any other considerations the milestone decision authority considers relevant.”
“(c) Written Record of a Milestone Decision.—The milestone decision authority shall issue a written record of a milestone decision at the time that Milestone A approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in such subsection prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.”
“(2) Additional information.—At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the decision to grant Milestone A approval with respect to a major defense acquisition program or major subprogram, and make available all underlying documentation.”
; and
SEC. 807. Streamlining of Milestone B Requirements.
“(a) Responsibilities.—Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
“(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
“(2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
“(3) there are sound plans for progression of the program or subprogram to the production phase.”
“(b) Factors to Be Considered for Milestone B Approval.—A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval:
“(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
“(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
“(3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
“(4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
“(5) The estimated procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under section 4214 of this title) have been established.
“(6) Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph (4) for the program or subprogram.
“(7) Appropriate market research has been conducted prior to technology development, including market research of commercial products, commercial services, and nondevelopmental items (as defined in section 110 of title 41).
“(8) The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
“(9) The Joint Requirements Oversight Council has accomplished its duties with respect to the program or subprogram pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program or subprogram.
“(10) Life-cycle sustainment planning has identified and evaluated relevant sustainment cost elements, factors, risks, and gaps that are likely to drive readiness of the system as well as operating and supporting costs.
“(11) An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements.
“(12) The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.
“(13) Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.
“(14) The program or subprogram has an approved life cycle sustainment plan required under section 4324(b) of this title.
“(15) In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of section 8669b of this title.”
“(c) Written Record of Milestone Decision.—The milestone decision authority shall issue a written record of decision at the time that Milestone B approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in subsection (b) prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.”
“(e) Submissions to Congress on Milestone B.—
“(1) Notification.—Not later than 15 days after granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision.
“(2) Additional information.—
(A) At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the decision to grant Milestone B approval with respect to a major defense acquisition program or major subprogram, or further information or underlying documentation.
“(B) The explanation or additional information shall be submitted in unclassified form, but may include a classified annex.”
; and
“(5) The term ‘written record of milestone decision’, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.”
SEC. 808. Notice of Contract Cancellation or Termination Relating to Remote or Isolated Installations.
“§ 4705. Notice of contract cancellation or termination relating to remote or isolated installations
“(a) In General.—Except as provided by subsection (c), not later than 30 days before the date on which the Secretary of Defense or any other official of an element of the Department of Defense cancels or terminates a contract, the Secretary shall submit to Congress a notice of such cancellation or termination if such cancellation or termination involves a reduction in employment of not fewer than—
“(1) 50 remote or isolated installation contractor employees; or
“(2) 100 employees of contractors, including remote or isolated installation contractor employees.
“(b) Requirements.—A notice described in subsection (a) shall include an assessment of the effect of such cancellation or termination on members of the armed forces.
“(c) Waiver.—
(1) The Secretary of Defense may waive the requirements of subsection (a) with respect to the cancellation or termination of a contract if the Secretary determines that such waiver is in the interest of national security.
“(2) If the Secretary waives the requirements of subsection (a) with respect to the cancellation or termination of a contract, the Secretary shall submit the notice required by such subsection with respect to such cancellation or termination not later than one week after such cancellation or termination.
“(d) Definitions.—In this section:
“(1) The term ‘remote or isolated installation’ means a military installation (as defined in section 2801 of this title) that is a remote military installation, as determined by the Secretary pursuant to the policy required by section 565 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1781b note).
“(2) The term ‘remote or isolated installation contractor employee’ means an individual who—
“(A) is an employee of a contractor;
“(B) as such an employee, provides goods or services to a remote or isolated installation; and
“(C) resides in the same geographic area as such remote or isolated installation.”
SEC. 809. Cost Growth Reports for Major Acquisition Programs That Are Highly Sensitive Classified Programs.
Subtitle B Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 811. Repeal of and Modification to Certain Defense Acquisition Laws.
SEC. 812. Modification to Limitation on Acquisition of Excess Supplies.
SEC. 813. Modifications to Comptroller General Assessment of Acquisition Programs.
“(3) other issues as determined appropriate by the Comptroller General.”
“3072. Comptroller General assessment of acquisition programs and initiatives.”.
SEC. 814. Modifications to Commercial Product and Commercial Service Determinations.
“(1) Determinations.—A contract or subcontract for a product (including a product without a part number or a product with a prior part number that has the same functionality as the product had with the prior part number) or service acquired using commercial acquisition procedures under part 12 of the Federal Acquisition Regulation shall serve as a prior commercial product or commercial service determination with respect to such product or service for purposes of this chapter, including when subject to minor modifications, unless—
“(A) the prior determination was not issued or approved by a contracting officer of the Department of Defense; or
“(B) the senior procurement executive of the military department or the Department of Defense as designated for purposes of section 1702(c) of title 41 determines in writing that it is no longer appropriate to acquire the product or service using commercial acquisition procedures.”
SEC. 815. Application of Recent Price History to Cost or Pricing Data Requirements.
“(B)
(i) An offeror for a subcontract (at any tier) of a contract under this chapter that is required to submit cost or pricing data under subparagraph (A) with respect to such subcontract may submit prices paid for the covered goods and services of such offeror for such subcontract under this clause if—
“(I) such offeror is a nontraditional defense contractor (as defined in section 3014 of this title);
“(II) the prices to be submitted are prices that were paid for the same goods and services as such covered goods and services; and
“(III) the price of such subcontract is not expected to exceed $5,000,000.
“(ii) The submission of prices paid under clause (i) by an offereor with respect to a subcontract shall be deemed to be the submission of cost or pricing data by such offeror with respect to such subcontract as required by subparagraph (A) if a contracting officer of the Department of Defense determines that the prices submitted under such clause are fair and reasonable based on supported cost or pricing data within the last 12 months.
“(iii) In this subparagraph, the term ‘covered goods and services’ means, with respect to an offeror for a subcontract (at any tier), the goods and services such offeror would provide under such subcontract.”
SEC. 816. Modifications to Authority to Carry Out Certain Prototype Projects Using Other Transaction Authority.
“(3) The authority of the head of the contracting activity, director of the Defense Advanced Research Projects Agency, director of the Defense Innovation Unit, director of the Missile Defense Agency, or the senior procurement executive, as applicable, under paragraph (2) may not be delegated.”
SEC. 817. Clarification of Other Transaction Authority for Follow on Production.
“(6) The term ‘follow-on production contract or transaction’ means a contract or transaction to produce, sustain, or otherwise implement the results of a successfully completed prototype project for continued or expanded use by the Department of Defense.”
; and
SEC. 818. Clarification of Other Transaction Authority for Facility Repair.
“(B) The requirements of this paragraph shall not apply to projects carried out for the purpose of repairing a facility.”
; and
SEC. 819. Open Interface Standards for Contracts of the Department of Defense.
“(b) Disclosure Required.—Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall make publicly available any standards for implementation of the modular open system approaches for contracts, unless the service acquisition executive with respect to a specific contract submits to the Secretary a request to not disclose such standards and the Secretary approves such request.”
SEC. 820. Updates to Earned Value Management System Requirements.
“(2) increase the contract value threshold associated with earned value management system requirements for cost contracts or incentive contracts from $20,000,000 to $50,000,000; and
“(3) increase the contract value threshold associated requiring a defense contractor to use an approved earned value management system from $50,000,000 to $100,000,000.”
SEC. 821. Inclusion of Japan and the Republic of Korea in Contested Logistics Demonstration and Prototyping Program.
“(C) Japan;”
; and
“(E) the Republic of Korea;”
SEC. 822. Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria for Procurement of Munitions Response Services.
SEC. 823. Use of Fixed-Price Type Contracts for Certain Shipbuilding Programs.
“(g) Conditions With Respect to Certain Shipbuilding Contracts.—
“(1) Limitation.—With respect to a fixed-price type contract for the procurement of shipbuilding associated with a major defense acquisition program, the number of ships to be procured under such contract, including all options, may not be more than two if the scope of the work of such contract includes the detail design and the construction of items for such a major defense acquisition program.
“(2) Waiver.—The Secretary concerned may waive the limitation in paragraph (1) if such Secretary submits to the congressional defense committees, not later than 30 days after issuance of such waiver, a written notification of such waiver that includes a certification that the basic and functional design of any ship to be procured under a contract described in paragraph (1) are complete.
“(3) Definitions.—In this subsection:
“(A) The term ‘basic and functional design’ has the meaning given in section 8669c of title 10, United States Code.
“(B) The term ‘construction’ means steel cutting and module fabrication, assembly, and outfitting, keel laying, and module erection supporting the launch and eventual delivery of a completed ship.
“(C) The term ‘detail design’ means design using computer-aided modeling to enable the generation of work instructions for construction of the ship, where such work instructions show detailed system information and support construction, including guidance for subcontractors and suppliers, installation drawings, schedules, material lists, and lists of prefabricated materials and parts.”
SEC. 824. Extension of Temporary Authority to Modify Certain Contracts and Options Based on the Effects of Inflation.
Subtitle C Provisions Relating to Workforce Development
SEC. 831. Modification to the Term of Appointment of the President of the Defense Acquisition University.
SEC. 832. Updated Acquisition and Sustainment Training.
“§ 1749. Field training for acquisition and sustainment
“(a) Training Program.—Not later than 180 days after the date of the enactment of this section, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense involved in any phase of the acquisition and sustainment lifecycle in making important decisions with respect to acquisition or sustainment, including requirements validation, the development of an acquisition strategy, awarding contracts, and ongoing management of performance and governance.
“(b) Elements.—The training program established under subsection (a) shall—
“(1) create deployable training teams to coach the cross-functional personnel and contractors described in subsection (a) and facilitate such personnel and contractors successfully completing a phase of an acquisition or sustainment effort with the same training team to the maximum extent possible;
“(2) to the extent practicable, ensure that the same training team under paragraph (1) provides the support described under such paragraph with respect to a phase of an acquisition or sustainment effort until such phase is completed or otherwise ends;
“(3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative acquisition and fielding procedures, flexible contracting frameworks, and business negotiation skills that are timed to align the topics of the lessons to relevant activities under a phase of an acquisition or sustainment effort;
“(4) emphasizes—
“(A) the acquisition of commercial products, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, respectively, of title 41);
“(B) technology procured ‘as-a-service’ or as a consumption-based solution (as defined in section 834 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4571 note)); and
“(C) using the middle tier acquisition pathways under section 3602 of this title and the pathways under section 3603 of this title; and
“(5) include a process for collecting feedback on the training program and performance of the training teams to improve the training program.
“(c) Training Team Requirements.—Each training team created under the training program—
“(1) include at not less than one individual from the private sector or academia with expertise in conducting commercial transactions; and
“(2) has excellent facilitation skills and can coach the cross-functional personnel and contractors described in subsection (a) on applying the best practices to the formulation of acquisition and sustainment programs and contracts;
“(d) Certification.—The Under Secretary of Defense for Acquisition and Sustainment shall ensure that each member of the acquisition workforce who participates in the training program established under subsection (a) can meet up to 80 hours of a continuous education requirement established under section 1723 of this title by participating in the training program.
“(e) Pilot Program.—During fiscal year 2025, the Secretary of each military department shall carry out not less than one pilot program—
“(1) under which the military department shall receive support under the training program established under subsection (a) with respect to acquisition and sustainment efforts of high importance or urgency to the military department; and
“(2) which the Under Secretary for Acquisition and Sustainment shall use to develop the training material and procedures for the training program.
“(f) Funding Requirements.—The Under Secretary for Acquisition and Sustainment is authorized to use funds available for the Defense Acquisition University for civilian faculty members, contracts, and associated travel and expenses to carry out the training program established in (a) starting in fiscal year 2025, and for fiscal years 2027 through fiscal year 2031—
“(1) not less than 25 percent of civilian faculty members authorized under section 1746 of this title shall be detailed on a reimbursable basis to the training program established in (a) for a minimum of half of their time; and
“(2) not less than 25 percent of all contract or agreement obligations in support of Defense Acquisition University shall be reserved for the training program established in (a), including the training of civilian faculty members to facilitate programs under the training program.
“(g) Report.—Not later than November 1, 2026, the Under Secretary for Acquisition and Sustainment shall provide a report to the Committees on Armed Services of the Senate and House of Representatives on the training program required under subsection (a), including—
“(1) the number and qualifications of civilian faculty members detailed to the training program under subsection (f)(1), including any training requirements they receive to facilitate programs under the training program;
“(2) an identification of contractor or university support for the training program pursuant to subsection (f)(2);
“(3) a budget for the training program that meets the requirements of subsection (f);
“(4) the status and success of the pilot program; and
“(5) any additional information or recommendations with respect to the training program that the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.”
“1749. Field training for acquisition and sustainment.”.
SEC. 833. Extension of Demonstration Project Relating to Certain Acquisition Personnel Management Policies and Procedures.
SEC. 834. Performance Incentives Related to Commercial Product and Commercial Service Determinations.
“(7) establish criteria in performance evaluations for appropriate personnel to reward risk-informed decisions that maximize the acquisition of commercial products, commercial services, or nondevelopmental items other than commercial products.”
SEC. 835. Modification to Extramural Acquisition Innovation and Research Activities.
SEC. 836. Prohibition on the Transfer of Certain Data on Employees of the Department of Defense to Third Parties.
“(b) Waiver.—The Secretary of Defense may waive the requirements of subsection (a) with respect to the sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver—
“(1) appropriately considers the privacy risks to the employee of the Department of Defense to which such data relates; and
“(2) is necessary in the interest of national security.”
“(1) The term ‘covered individually identifiable Department employee data’ means individually identifiable Department employee data obtained by a contractor or subcontractor described in subsection (a).”
; and
“(c) Report.—Not later than January 15, 2026, and annually thereafter for four years, the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the use of the waiver authority under subsection (b) for the fiscal year preceding the date of submission of the report. The report shall include, for each use of the waiver—
“(1) the specific justification for providing the waiver;
“(2) an identification of the contractor or subcontractor that is the subject of the waiver request; and
“(3) an identification of the purpose of the sale, licensing, or transfer of covered individually identifiable Department employee data that is the subject of the waiver request.”
SEC. 837. Modifications to Contractor Employee Protections from Reprisal for Disclosure of Certain Information.
“(2) Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall notify the complainant and the Inspector General, in writing, of either the actions ordered or the decision to deny relief. After such notification, if the head of the agency concerned changes the actions ordered or the decision to deny relief, the head of the agency concerned shall notify the complainant and the Inspector General, in writing, of the change not later than 30 days after the change occurs.”
SEC. 838. Detail Authority for Defense Advanced Research Projects Agency to Provide Technology Transition Support.
“(d) DARPA Detailees Authorized.—
“(1) Authority.—The Director of the Defense Advanced Research Projects Agency, upon a request from the Principal Technology Transition Advisor of a military department, may detail personnel of the Agency to such military department for a period not to exceed one year to provide technology transition support for technology of the Agency that is to be acquired by such military department.
“(2) Extension.—The Under Secretary of Defense for Research and Engineering may extend a detail under paragraph (1) for a period of not more than 6 additional months.”
SEC. 839. Employment Transparency Regarding Individuals Who Perform Work in, for, or Are Subject to the Laws or Control of the People’s Republic of China.
“(iii) whether an agency or instrumentality of the People’s Republic of China or any other covered entity has requested access to data or otherwise acquired data from the covered entity required to make a disclosure under paragraph (1) or (2) pursuant to any law or regulation of the People’s Republic of China.
“(B) Additional disclosure of information and additional measures regarding certain entities.—
“(i) In general.—If a covered entity performing a covered contract for services dealing with commercial computer software or noncommercial computer software and is required to make a disclosure under paragraph (1) or (2), such covered entity shall—
“(I) describe the process for disclosing a cybersecurity vulnerability, if such covered entity is also required to disclose any cybersecurity vulnerability to the Ministry of Industry and Information Technology or any other agency or instrumentality of the People’s Republic of China; and
“(II) provide any information related to how a United States affiliate is notified of a vulnerability described in subclause (I).
“(ii) Issuance of regulations.—Not later than 180 days after the date of the enactment of this subparagraph, the Secretary shall revise the Defense Federal Acquisition Regulation Supplement to require—
“(I) a covered entity to require that an individual or entity performing work on a covered contract in the People’s Republic of China on behalf of the covered entity to notify the covered entity within 48 hours of such individual or entity reporting any software vulnerability related to such covered contract to the Ministry of Industry and Information Technology or any other agency or instrumentality of the People’s Republic of China; and
“(II) the covered entity to retain and furnish to the Department of Defense information regarding any cybersecurity vulnerability reported to the Ministry of Industry and Information Technology or any other agency or instrumentality of the People’s Republic of China with respect to which the covered entity received a notice pursuant to subclause (I).”
; and
SEC. 840. Designation of Program Executive Office for Acquisition of Open-Source Intelligence Tools for Army.
Subtitle D Provisions Relating to Supply Chains and Domestic Sourcing
SEC. 841. Enhancing Requirements for Information Relating to Supply Chain Risk.
“(1) consulting with procurement or other relevant officials of the covered agency;”
“(A) a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and”
SEC. 842. Domestic Production of Stainless Steel Flatware and Dinnerware.
“(3) Stainless steel flatware.
“(4) Dinnerware.”
SEC. 843. Clarification of Exception to Berry Amendment Requirements for Procurement of Vessels in Foreign Waters.
SEC. 844. Technical Edits to Sourcing Requirements for Strategic Materials and Sensitive Materials.
“(3) The authority in subsection (b)(1)—
“(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
“(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
“(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.”
“(A) may be delegated—
“(i) to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within the such military department; and
“(ii) to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department;”
“(d) Delegation.—The authorities in subsection (c)—
“(1) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
“(2) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
“(3) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
“(e) National Security Waiver.—
“(1) In general.—Notwithstanding subsection (a), the Secretary of Defense of the Secretary or the Secretary of the military department concerned, may accept the delivery of an end item containing covered material manufactured in a covered nation if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States.
“(2) Delegation.—A written determination under paragraph (1)—
“(A) may be delegated—
“(i) to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within such military department; and
“(ii) to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department;
“(B) shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and
“(C) shall be provided to the congressional defense committees prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to the defense committees up to 7 days after it is made).”
SEC. 845. Amendment to Requirement to Buy Strategic Materials Critical to National Security from American Sources.
“(11) The term ‘qualifying foreign government’ means the government of a country with which the United States has in effect a reciprocal defense procurement agreement or memorandum of understanding entered into pursuant to section 4851 of this title.”
SEC. 846. Modification to Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods.
“(2) For purposes of this subsection, the term ‘auxiliary ship’—
“(A) with respect to a contract entered into after December 20, 2019, does not include an icebreaker or a special mission ship; and
“(B) with respect to a contract entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, includes an icebreaker or a special mission ship, unless the Secretary of the Navy certifies to Congress that the forecasted sales over a four-year period of large medium-speed diesel engines manufactured in the national technology and industrial base will not fall below the minimum sustaining rate for plant operations of a diminishing manufacturing source.”
SEC. 847. Inclusion of Recycled and Reused Minerals and Metals in Preference for Sourcing of Strategic and Critical Materials.
“(D) the development of cost-effective sources of supply of strategic and critical materials derived from recycled or reused minerals or metals; and”
SEC. 848. Domestic Nonavailability Determinations List.
SEC. 849. Supply Chain Illumination Incentives.
SEC. 850. Report and Updated Guidance on Continued Risk Management for Pharmaceutical Supply Chains of Department of Defense.
Subtitle E Prohibitions and Limitations on Procurement
SEC. 851. Prohibition on Contracting with Covered Entities That Contract with Lobbyists for Chinese Military Companies.
“§ 4663. Prohibition on contracting with covered entities that contract with lobbyists for Chinese military companies
“(a) Prohibition on Entering Into Contracts With Covered Entities.—Except as provided in subsection (c), the Secretary of Defense may not enter into a contract with an entity, a parent company of such entity, or a subsidiary of such entity is a party to a contract with a covered lobbyist.
“(b) Exception.—The prohibition in subsection (a) shall not apply with respect to an entity that made reasonable inquires regarding the lobbying activities of another entity and determined such entity was not a covered lobbyist.
“(c) Waiver.—Upon notification to Congress, the Secretary of Defense may waive the requirements of this section.
“(d) Definitions.—In this section:
“(1) The term ‘covered lobbyist’ means an entity that engages in lobbying activities for any entity determined to be a Chinese military company listed in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
“(2) The term ‘lobbying activities’ has the meaning given in section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 971 note prec.).”
SEC. 852. Notification of Changes to Certain Transportation Contracts.
SEC. 853. Prohibition on Procurement of Covered Semiconductor Products and Services from Companies Providing Covered Semiconductor Products and Services to Huawei.
SEC. 854. Prohibition on Contracts for Online Tutoring Services.
SEC. 855. Limitation on Availability of Funds for Covered Contractors Engaged in an Anti-Israel Boycott.
SEC. 856. Procurement of Cleaning Products.
SEC. 857. Plan for Production of Covered Munitions for Procurement by the Department of Defense.
SEC. 858. Procurement of Covered Hearing Protection Devices.
Subtitle F Industrial Base Matters
SEC. 861. Codification and Modification of Pilot Program to Accelerate the Procurement and Fielding of Innovative Technologies.
“§ 3604. Program to accelerate the procurement and fielding of innovative technologies
“(a) Program.—Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies—
“(1) reducing acquisition or life-cycle costs;
“(2) addressing technical risks;
“(3) improving the timeliness and thoroughness of test and evaluation outcomes; and
“(4) rapidly implementing such technologies to directly support defense missions.
“(b) Guidelines.—
“(1) In general.—The Secretary shall issue guidelines for the operation of the program established under this section.
“(2) Contents.—At a minimum, the guidelines for the operation of the program established under this section required under paragraph (1) shall provide for the following:
“(A) The issuance of one or more solicitations for proposals by the Department of Defense in support of the program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 3014 of this title).
“(B) The issuance of not more than two solicitations for proposals by the Department of Defense in support of the program each fiscal year for innovative technologies from entities that, during the one-year period preceding the issuance of the solicitation, have not performed on contracts and subcontracts for the Department under which the aggregate obligations of the Department to such entity for such period exceeds $400,000,000.
“(C) A process for—
“(i) the review of proposals received in response to a solicitation issued under subparagraph (A) by the Secretary of Defense and by each Secretary of a military department;
“(ii) the merit-based selection of the most promising cost-effective proposals; and
“(iii) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process.
“(c) Maximum Amount.—The total amount of funding provided for any proposal selected for an award under the program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding.
“(d) Data Collection.—
“(1) Plan required before implementation.—The Secretary of Defense may not provide funding under this section until the date on which the Secretary—
“(A) completes a plan for carrying out the data collection required under paragraph (2); and
“(B) submits the plan to the congressional defense committees.
“(2) Data collection required.—The Secretary of Defense shall collect and analyze data on the program established under this section for the purposes of—
“(A) developing and sharing best practices for achieving the objectives of the program;
“(B) providing information on the implementation of the program and related policy issues; and
“(C) reporting to the congressional defense committees as required under subsection (e).
“(e) Biannual Report.—Not later than March 1 and September 1 of each year beginning after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the program established under this section.
“(f) Congressional Notification.—The Secretary of Defense shall notify the congressional defense committees within 30 days after funding has been provided for a proposal selected for an award under the program established under this section.”
SEC. 862. Program for Distribution Support and Services for Contractors.
“(b) Support Contracts.—Any storage and distribution services to be provided under the program under this section to a contractor in support of the performance of a contract described in subsection (a) shall be provided under a separate contract that is entered into by the Director of the Defense Logistics Agency with that contractor. The requirements of section 2208(h) of title 10, United States Code, and the regulations prescribed pursuant to such section shall apply to any such separate support contract between the Director of the Defense Logistics Agency and the contractor.”
“(f) Briefings.—Not later than April 1, 2025, and annually thereafter for five years, the Director of the Defense Logistics Agency, in consultation with the Comptroller General, shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing and report describing—
“(1) the cost effectiveness for both the Government and industry of the program;
“(2) how support contracts under the program affected meeting the requirements of primary contracts; and
“(3) the number of and location of existing contracts.”
SEC. 863. Extension of the Pilot Program for Streamlining Awards for Innovative Technology Projects.
SEC. 864. Use of Capability-Based Analysis of Price of Goods or Services Offered by Nontraditional Defense Contractors.
SEC. 865. Qualification of Industrial Capabilities.
SEC. 866. Solid Rocket Motor Industrial Base.
SEC. 867. Promulgate Guidance Relating to Certain Department of Defense Contracts.
Subtitle G Small Business Matters
SEC. 871. Pilot Program for the Participation of Military Research and Educational Institutions in the Sttr Program.
“(yy) Pilot Program for the Participation of Military Research and Educational Institutions in the STTR Program.—
“(1) In general.—Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish a pilot program to enable any undergraduate, graduate, or postgraduate degree-granting military research or educational institution established under title 10, United States Code, to participate in the STTR program of the Department of Defense.
“(2) Sunset.—The authority to carry out the pilot program under this subsection shall end on September 30, 2025.”
SEC. 872. Department of Defense Pilot Program for Preliminary Calculation Estimates for Certain Programs.
“(zz) Budget Calculation Pilot Program.—
“(1) Pilot.—
“(A) In general.—In order to more rapidly estimate allocations for the SBIR and STTR programs of the Department of Defense, the Secretary of Defense shall conduct a budget calculation pilot program that requires the calculation of total expenditures for the SBIR and STTR programs in the Department of Defense and determination of related allocations in accordance with subparagraphs (B) and (C), and paragraph (2), respectively.
“(B) SBIR program.—Beginning in fiscal year 2025, the Department of Defense shall calculate required budget expenditures for its SBIR program as not less than 3.25 percent of the average of the total research, development, test, and evaluation extramural budget of the Department for the 2 most recent fully obligated fiscal year budgets.
“(C) STTR program.—Beginning in fiscal year 2025, the Department of Defense shall calculate required budget expenditures for its STTR program as not less than 0.46 percent of the average of the total research, development, test, and evaluation extramural budget of the Department for the 2 most recent fully obligated fiscal year budgets.
“(2) Allocations.—Not later than 30 days after the date of enactment of an appropriations bill for the Department of Defense for a fiscal year, the Department shall determine and make adjustments for actual allocations related to the SBIR and STTR programs of the Department.
“(3) Sunset.—The pilot program under this subsection shall terminate on September 30, 2025.”
SEC. 873. Boots to Business Program.
“(h) Boots to Business Program.—
“(1) Covered individual defined.—In this subsection, the term ‘covered individual’ means—
“(A) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code, subject to an availability determination by the Secretary of the military department concerned;
“(B) a servicemember in the National Guard or Reserves not on active duty.
“(C) an individual who—
“(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
“(ii) was discharged or released from such service under conditions other than dishonorable; or
“(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
“(2) Establishment.—During the period beginning on the date of enactment of this subsection and ending on September 30, 2028, the Administrator shall carry out a program to be known as the ‘Boots to Business Program’ to provide entrepreneurship training to covered individuals.
“(3) Goals.—The goals of the Boots to Business Program are to—
“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.
“(4) Program components.—
“(A) In general.—The Boots to Business Program may include—
“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;
“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
“(iii) an in-person classroom instruction component providing an introduction to the foundations of self-employment and ownership of a small business concern; and
“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
“(B) Collaboration.—The Administrator may—
“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and
“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
“(C) Use of resource partners and district offices.—
“(i) In general.—The Administrator shall—
“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
“(II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program.
“(ii) Grant authority.—In carrying out clause (i), the Administrator may make grants, subject to the availability of appropriations in advance, to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
“(D) Availability to department of defense and the department of labor.—The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor.
“(E) Availability to department of veterans affairs.—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum—
“(i) describe the Boots to Business Program and the services provided; and
“(ii) include eligibility requirements for participating in the Boots to Business Program.
“(F) Availability to other participating agencies.—The Administrator shall ensure information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies.
“(5) Competitive bidding procedures.—The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program.
“(6) Publication of notice of funding opportunity.—Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity.
“(7) Report.—Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which—
“(A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and
“(B) shall summarize available information relating to—
“(i) grants awarded under paragraph (4)(C);
“(ii) the total cost of the Boots to Business Program;
“(iii) the number of program participants using each component of the Boots to Business Program;
“(iv) the completion rates for each component of the Boots to Business Program;
“(v) to the extent possible—
“(I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military;
“(II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration;
“(III) the number of program participants that start a small business concern;
“(IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants;
“(V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and
“(VI) the results of other germane participant satisfaction surveys;
“(C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year;
“(D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
“(E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
“(F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
“(G) any additional information the Administrator determines necessary.”
“(A) the Administrator considers the needs of disabled veterans (as defined in section 4211(3) of title 38, United States Code), veterans, and members of a reserve component of the Armed Forces equally, as part of the criteria for funding a continuation award or during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, including assigning equal value to any factors based on a designation as a disabled veteran (as defined in section 4211(3) of title 38, United States Code), veteran, or member of a reserve component of the Armed Forces, and equally considering the ability of applicants to provide Boots to Business on military installations and the ability of applicants to provide Boots to Business Reboot training off military installations;
“(B) for purposes of subparagraph (A), the term ‘continuation award’ means a renewal or recompete, awarded at the discretion of the Administrator, for another 5-year project period for a grant, contract, or cooperative agreement under this paragraph that is made up of a base project period of 12 months, with up to 4 option periods of 12 months, subject to continuing program authority, availability of funds, and satisfactory performance by the recipient organization;
“(C) the Administrator shall, not later than 1 year after the date of enactment of subparagraph (A), issue guidance on the criteria described in subparagraph (A) to existing recipients of any grant, contract, or cooperative agreement made or entered into under this paragraph;
“(D) the Administrator shall, for each budget period beginning after the date of the issuance of the guidance under subparagraph (C), incorporate the criteria described in subparagraph (A) into the funding agreement, and existing recipients of any grant, contract, or cooperative made or entered into under this paragraph shall have 1 full budget period to comply;
“(E) if an existing recipient of any grant, contract, or cooperative agreement made or entered into under this paragraph does not meet the criteria included in the guidance issued under subparagraph (C) during the budget period described in subparagraph (D), the existing recipient shall have a period of 1 year, beginning after the budget period in which the existing recipient was assessed, to reach satisfactory performance and compliance with all terms and conditions of the award;
“(F) if the Administrator fails to give equal weight to the needs of the groups described in subparagraph (A) during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, the Administrator shall, not later than 60 days after the closing date of the grant, contract, or cooperative agreement, provide written justification to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding why the grant, contract, or cooperative agreement was not made or entered into pursuant to subparagraph (A); and
“(G) the Administrator shall provide full and fair consideration to any entity that has applied for a grant, contract, or cooperative agreement under this paragraph before the date of enactment of subparagraph (A), if that entity applies for a future funding opportunity under this paragraph.”
SEC. 874. Establishment of Pilot Program for Access to Shared Classified Commercial Infrastructure.
SEC. 875. Accessibility and Clarity in Covered Notices for Small Business Concerns.
SEC. 876. Small Business Bill of Rights.
Subtitle H Other Matters
SEC. 881. Clarification of Waiver Authority for Organizational and Consultant Conflicts of Interest.
SEC. 882. Reverse Engineering or Re-Engineering for Production of Items.
SEC. 883. Procurement of Department of Defense Batteries.
SEC. 884. Advisory Panel on the Requirements Process of the Department of Defense.
SEC. 885. Proposal for Payment of Costs for Certain Government Accountability Office Bid Protests.
SEC. 886. Briefings, Certification, and Limitation on Availability of Funds Related to Fuel Services Financial Management Contracts.
SEC. 887. Implementation of Comptroller General Recommendations Relating to Certain Spare Parts for F–35 Aircraft.
SEC. 888. Tracking Awards Made Through Other Transaction Authority.
TITLE IX Department of Defense Organization and Management
Subtitle A Office of the Secretary of Defense and Related Matters
SEC. 901. Requirement to Notify Congress When Deputy Secretary of Defense Is Performing Functions and Duties of Secretary of Defense.
“(2)
(A) The Deputy Secretary shall act”
; and
“(B) If the Secretary is unable to perform the functions and duties of the office as described in subparagraph (A), the Deputy Secretary, or any other individual performing such functions and duties in accordance with applicable law, shall, not later than 24 hours before any planned transfer of such functions and duties or 24 hours after any unplanned transfer of such functions and duties, notify the following of the transfer:
“(i) The Committee on Armed Services, the Committee on Appropriations, and the majority and minority leaders of the Senate.
“(ii) The Committee on Armed Services, the Committee on Appropriations, the Speaker, and the minority leader of the House of Representatives.”
SEC. 902. Establishment of Department of Defense Performance Improvement Officer.
“§ 132a. Performance improvement officer
“(a) Establishment.—
“(1) There is a Performance Improvement Officer of the Department of Defense, to be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service.
“(2) The Performance Improvement Officer shall be appointed from among persons described in paragraph (1) who have an extensive management or business background and experience with managing large or complex organizations, organizational change management, or business transformation activities.
“(b) Deputy.—The Performance Improvement Officer shall be supported by a Deputy who shall be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service. The Deputy shall be the first assistant to the Performance Improvement Officer and shall assist that Officer in the performance of the duties of that position and shall act for, and exercise the powers of, the Officer when that Officer dies, resigns, or is otherwise unable to perform the functions and duties of the office.
“(c) Duties and Responsibilities.—Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Performance Improvement Officer shall perform such duties, exercise such powers, and have such responsibilities as the Secretary or the Deputy Secretary may prescribe, including the following:
“(1) Responsibility for updating and implementing the Strategic Management Plan of the Department of Defense required by section 904(d) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 2201).
“(2) Responsibility for chairing the Defense Performance Improvement Council (or any successor organization).
“(3) Responsibility for the Defense Performance Improvement Framework, as established under section 125a of this title.
“(4) Responsibility for the execution of not fewer than two annual meetings of the Defense Management Action Group (or any successor organization) with agendas relating to the Strategic Management Plan described in paragraph (1).
“(5) Oversight of transformational business modernization and business process re-engineering of the Department of Defense.
“(6) Oversight and tracking the implementation of—
“(A) solutions to solve issues identified by the High Risk List maintained by the Government Accountability Office; and
“(B) other recommendations of such Office.
“(7) Serving as the lead official devoted to modernizing the business processes of the Department that serve as the baseline for all external acquisition and internal operations.
“(8) Oversight and management of the Defense Management Institute (as established pursuant to the memorandum of the Director of Administration and Management of the Department dated January 13, 2023), or any successor organization.
“(9) Serving as co-chair of the Defense Business Council in accordance with section 2222(f)(1) of this title.
“(10) Maintaining authority for convening meetings of personnel and organizations of the Department on matters relating to the duties and responsibilities described in this subsection.”
SEC. 903. Enhanced Coordination on International Cooperation Activities.
“(10) advising the Secretary on, establishing policies on, and supervising, the activities of the Department relating to international cooperation and agreements regarding industrial base collaboration and coordination, including cooperative development and co-production, reciprocal production, exportability considerations, supply chain integration, security of supply chain agreements, and acquisition and cross-service agreements.”
SEC. 904. Increase in Authorized Number of Deputy Assistant Secretaries of Defense.
SEC. 905. Modifications to the Office of Strategic Capital.
“(e) Pilot Program on Capital Assistance to Support Defense Investment in the Industrial Base.—
“(1) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director, may carry out a pilot program under this subsection to provide capital assistance to eligible entities for eligible investments to develop technologies that support the duties and elements of the Office and meet the needs of the Department of Defense.
“(2)
(A) An eligible entity seeking capital assistance for an eligible investment under this subsection shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
“(B) The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subparagraph (A). The criteria shall include—
“(i) the extent to which an investment supports the national security or economic interests of the United States;
“(ii) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and
“(iii) the creditworthiness of an investment.
“(3)
(A)
(i) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to paragraph (2)(B).
“(ii)
(I)
(aa) Except as provided under item (bb), the interest rate on a loan provided under clause (i) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.
“(bb) The Director may waive the requirement under item (aa) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States.
“(cc) The Director shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions.
“(II) The final maturity date of a loan provided under clause (i) shall be not later than 50 years after the date on which the loan was provided.
“(III) A loan provided under clause (i) may be paid earlier than is provided for under the loan agreement without a penalty.
“(IV)
(aa) A loan provided under clause (i) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
“(bb) The Director may waive the requirement under item (aa) with respect to the investment in order to mitigate risks to loan repayment.
“(V) The Director may sell to another entity or reoffer into the capital markets a loan provided under clause (i) if the Director determines that the sale or reoffering can be made on favorable terms.
“(VI) Any loan guarantee provided under clause (i) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the obligor of a loan guaranteed by the Department of Defense defaults on the loan, the Director shall pay the holder, or such other party, as specified in the loan guarantee agreement.
“(VII) The Director shall establish a credit rating system to ensure a reasonable assurance of repayment. The system may include use of existing credit rating agencies where appropriate.
“(VIII) Loans and loan guarantees provided under clause (i) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
“(IX) Loans and loan guarantees provided under clause (i) shall be subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
“(B) Subject to appropriations Acts, the Director may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this subsection.
“(C)
(i) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director shall provide to an eligible investment selected pursuant to paragraph (2)(B) the amount of capital assistance necessary to carry out the investment.
“(ii) All financial transactions conducted under this subsection shall be conducted in United States dollars.
“(4) The requirements of subsection (d) shall apply to eligible investments under this subsection.
“(5)
(A)
(i) There is established in the Treasury of the United States a Department of Defense Credit Program Account to make and guarantee loans under this subsection in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
“(ii) The Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations.
“(B) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director is authorized to pay, from amounts in the Department of Defense Credit Program Account—
“(i) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan guarantees and other capital assistance;
“(ii) administrative expenses associated with activities under this subsection;
“(iii) project-specific transaction costs; and
“(iv) the cost of providing support authorized by this subsection.
“(6) The Secretary of Defense may prescribe such regulations as the Secretary determines to be appropriate to carry out this subsection.
“(7) Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this subsection in the preceding fiscal year and the goals of the Department of Defense in accordance with this subsection for the next fiscal year.
“(8) The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, or technical assistance under this subsection.
“(9)
(A) The authority of the Director to make new loans and provide new loan guarantees under subparagraph (A)(i) of paragraph (3) shall expire on October 1, 2028. Any loans or loan guarantees provided under such subparagraph that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection.
“(B) The authority of the Director to provide technical assistance to eligible entities under subparagraph (B) of paragraph (3) shall expire on October 1, 2028.”
; and
“(FF) Strategic maritime infrastructure.
“(GG) Critical minerals and materials.”
; and
“(5) The term ‘obligor’ means a party that is primarily liable for payment of the principal or interest on a loan.”
SEC. 906. Limitation on Availability of Funds Until Department of Defense Complies with Certain Legal Requirements.
SEC. 907. Matters Relating to Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
SEC. 908. Inclusion in Defense Planning Guidance of Guidance on Size, Structure, and Posture of Special Operations Forces.
SEC. 909. Review of Roles and Responsibilities of the Chief Talent Management Officer and the Office of the under Secretary of Defense for Personnel and Readiness.
SEC. 910. Plan for Adequate Staffing of Office of Assistant Secretary of Defense for Industrial Base Policy and Joint Production Accelerator Cell.
Subtitle B Other Department of Defense Organization and Management Matters
SEC. 921. Department of Defense Senior Intelligence Oversight Official.
“§ 430c. Senior intelligence oversight official
“(a) Establishment.—The Secretary of Defense, or a designee of the Secretary determined by regulations prescribed by the Secretary, shall designate a civilian employee of the Department of Defense in the Senior Executive Service to serve as the Senior Intelligence Oversight Official.
“(b) Responsibilities.—The Senior Intelligence Oversight Official shall conduct independent oversight of all intelligence, counterintelligence, and intelligence-related activities of the Department of Defense and shall have such other related responsibilities as may be determined by the Secretary.
“(c) Access.—The Senior Intelligence Oversight Official shall have—
“(1) access to all information necessary to carry out the responsibilities and functions of the Senior Intelligence Oversight Official, as determined by the Secretary; and
“(2) direct access to the Secretary of Defense and the Deputy Secretary of Defense, as circumstances require in the determination of the Senior Intelligence Oversight Official.”
SEC. 922. Codification of the Joint Federated Assurance Center.
“§ 4128. Joint Federated Assurance Center
“(a) Establishment.—There is in the Office of the Under Secretary of Defense for Research and Engineering a Joint Federated Assurance Center (referred to in this section as the ‘Center’).
“(b) Purpose.—The purpose of the Center shall be to serve as a joint, Department-wide federation of organizations and capabilities to support the assurance needs of the Department of Defense by ensuring, pursuant to policies related to hardware and software assurance and supply chain risk management, that the software and hardware developed, acquired, maintained, and used by the Department are free from intentional and unintentional vulnerability during the life-cycle of development and deployment of assured, trustworthy defense systems.
“(c) Governance.—
“(1) The Center shall be governed by an Executive Steering Group. The Executive Steering Group shall continually evaluate the Center’s capabilities to support the hardware and software assurance needs of the Department.
“(2) The Executive Steering Group shall be composed of one or more representatives from each of the organizations that comprise the Center.
“(3) The Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall serve as co-Chairpersons of the Executive Steering Group.
“(d) Duties.—The duties of the Center are as follows:
“(1) Providing knowledge management capabilities for hardware and software assurance for the Department.
“(2) Providing Department-wide visibility on strategy, use cases, procurement, investment, and other relevant activities to aggregate, to the extent practicable, assurance tool purchases by the Department.
“(3) Developing and standardizing policies, procedures, competencies, risk assessment methodologies, and independent validation and verification test capabilities—
“(A) to support timely and cost-effective fielding of current and future technologies to the Department;
“(B) to ensure sustainment of enduring capability needs across the life-cycle of Department of Defense programs and determine the sustainment factors related to the assurance of future hardware and software systems;
“(C) to increase efficiencies across Department of Defense programs through the use of emerging assurance technologies; and
“(D) to leverage economies of scale through coordinated acquisition and use of hardware and software assurance technologies.
“(4) Promoting assurance capabilities for hardware and software assurance—
“(A) to mature assessment criteria and enable scalable deployment of commercial best practices, such as through the fostering and maturation of evidence-based assurance of trusted defense microelectronics system needs, with emphasis on commercial security protocols that are transferable to defense applications;
“(B) to scale the Center for Department-wide access, through the resourcing of adequate personnel to address standardization and automation of data collection and analysis;
“(C) to utilize data from commercial assurance processes to support the development of Department hardware and software that meet standards, applications, and requirements, including through comparative analysis and data modeling;
“(D) to seek and apply commercial best practices, where practicable, through industry collaboration; and
“(E) to develop and align Department policy, investments, and activities with commercial best practices, to the extent practicable.
“(5) For contracts for application-specific integrated circuits designed by defense industrial base contractors, develop guidance for—
“(A) the consideration of evidence-based assurance processes and techniques that are included in the contract data requirements list, to the extent practicable;
“(B) the use of commercial best practices, as applicable, for confidentiality, integrity and availability; and
“(C) the development of a library of certified third-party intellectual property for reuse, including streamlining legal mechanisms for data collection and sharing, and enhanced use of automation technology to achieve efficiency.
“(6) The assessment, creation, prototyping, maturation, and maintenance of relevant assurance practices, including the validation and maturation of evidence based assurance methods, for the development, procurement, and deployment of hardware and software assurance tools and processes, including—
“(A) development and assessment of validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Executive Steering Group determines necessary;
“(B) development and assessment of threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation; and
“(C) support development of guides to inform use and decision-making by program evaluators, program offices, and industry to meet software and hardware assurance requirements.
“(e) Revised Charter.—Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall issue a revised charter for the Center. The charter shall set forth—
“(1) the role and authorities of the Center and the Executive Steering Group;
“(2) the requirement of the Center to establish guidelines for the development of improved software code vulnerability analysis and testing tools;
“(3) the requirement of the Center to establish guidelines for the development of improved hardware vulnerability testing and protection tools; and
“(4) the manner in which the Center will connect to the Department’s major governance and resourcing processes to ensure the continuation of Center duties.”
SEC. 923. Codification of Additional Staff Corps of the Navy.
“(5) the Supply Corps;
“(6) the Civil Engineer Corps;
“(7) the Nurse Corps;
“(8) the Medical Service Corps; and”
SEC. 924. Establishment of Office of Expanded Competition.
“§ 9025. Office of Expanded Competition
“(a) Establishment.—There is in the Office of the Secretary of the Air Force an office to be known as the Office of Expanded Competition (in this section referred to as the ‘Office’).
“(b) Director.—The head of the Office shall be the Director. The Director shall be appointed by the Secretary of the Air Force from among employees of the Department of Defense with requisite subject matter expertise who—
“(1) are in a Senior Executive Service position (as defined in section 3132 of title 5) at the time of appointment; or
“(2) are not in a Senior Executive Service position at the time of appointment, but meet the Executive Core Qualifications (ECQs) for such a position.
“(c) Duties.—The duties of the Office are as follows:
“(1) In consultation with other components of the Department of Defense and the Federal Government, conduct coordinated and integrated assessments of adversarial capital flows into industries or businesses of interest to the Department of Defense.
“(2) Identify and prioritize promising critical technologies and assets for the Joint Force in need of capital assistance, including critical technologies and assets available from foreign entities.
“(3) Fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment.
“(4) Support the coordination and outreach efforts of technology scouting and acquisition elements within the Department of Defense to enable investment decision-making by those elements that counteract entities employing adversarial capital flows against industries or businesses described in paragraph (1), including the employment of relevant authorities vested in other components of the Department and the Federal Government.
“(5) Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States.
“(6) Help the Department of Defense provide capital assistance to entities, including foreign entities, engaged in investments that facilitate the efforts of the Department.
“(7) Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department of Defense, including the employment of relevant delegated authorities vested in other components of the Department and the Federal Government.
“(8) Assist the Secretary of Defense in developing access and placement using commercial means.
“(9) Otherwise engage with, coordinate, and collaborate with other components of the Department of Defense and the Federal Government to maximize efficiencies and promote whole-of-government solutions to protect the national security of the United States.
“(d) Definitions.—In this section:
“(1) The term ‘adversarial capital flow’ means an investment by—
“(A) the government of a country that is an adversary of the United States; or
“(B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country.
“(2) The term ‘capital assistance’ means a loan, loan guarantee, or technical assistance.”
SEC. 925. Counter Unmanned Aerial Systems Task Force.
SEC. 926. Affiliate Relationships Between Army Special Operations Forces and Combat-Enabling Units of General Purpose Forces.
SEC. 927. Force Sizing Methodology.
TITLE X General Provisions
Subtitle A Financial Matters
SEC. 1001. General Transfer Authority.
SEC. 1002. Repeal of Audit Incentive Element in Report Requirement of Financial Improvement and Audit Remediation Plan.
SEC. 1003. Authority to Use Defense Modernization Account Funds for Time-Sensitive Equipment Modernization.
“(5) For procuring and integrating available commercial technologies and services to satisfy a joint urgent operational need, joint emergent operational need, or a validated service requirement.
“(6) For providing infrastructure to support Department goals of accelerating the fielding and adoption of new capabilities.”
SEC. 1004. Extension of Audit Requirement for Department of Defense Components.
SEC. 1005. Revision of Department of Defense Financial Management Regulation.
SEC. 1006. Establishment of Cross-Functional Team to Oversee Implementation of Recommendations of Commission on Planning, Programming, Budgeting, and Execution Reform.
SEC. 1007. Use of Technology Using Artificial Intelligence to Facilitate Audit of the Financial Statements of the Department of Defense for Fiscal Year 2025.
Subtitle B Counterdrug Activities
SEC. 1011. Support for Counterdrug Activities Affecting Flow of Drugs into United States.
SEC. 1012. Authority for Detection and Monitoring of Illegal Drugs Regardless of Destination.
SEC. 1013. Review, Assessment, and Analysis of Governance Structure and Strategy of Department of Defense Counter-Narcotics and Counter-Transnational Organized Crime Activities.
Subtitle C Naval Vessels and Shipyards
SEC. 1021. Briefing Required in the Event of a Proposed Reduction in Battle Force Ships as Part of the Annual Naval Vessel Construction Plan and Certification.
“(g) Reduction in Battle Force Ships.—If the plan and certification under subsection (a) for a fiscal year include a proposed reduction in the number of battle force ships proposed to be procured during that fiscal year or during the any of the subsequent nine fiscal years, as compared to the number of such ships proposed in the plan and certification for the preceding fiscal year for that fiscal year and the subsequent nine fiscal years, the Secretary of Defense shall provide to the congressional defense committees, by not later than 15 days after the date of the submission of the plan and certification under subsection (a), a briefing that includes each of the following:
“(1) An identification of each specific ship for which funds are not requested in the budget for that fiscal year and an identification of any funds that were allocated to each such ship, for any prior fiscal year including funds for—
“(A) research, development, test, and evaluation;
“(B) advance procurement;
“(C) advanced construction; and
“(D) economic order quantity.
“(2) If a shipyard is identified in relation to a ship identified under paragraph (1), the projected change in workload at the shipyard as a result of the reduction of the ship.
“(3) The projected change in the estimated value of any major subcontracted components or sequence critical material as a result of the reduction of the ship.”
SEC. 1022. Modification of Authority to Purchase Used Vessels under the National Defense Sealift Fund.
SEC. 1023. Modifications to Ship Repair Authorities.
SEC. 1024. Improving Navy Assessments Required Prior to Start of Construction on First Ship of a Shipbuilding Program.
“(1) An identification of the degree to which detail design and production design drawings and related documents have been completed in accordance with the shipbuilding contract.
“(2) An assessment of the readiness of the shipyard facilities and workforce to begin construction.
“(3) The Navy’s estimated delivery date and a description of any risks that could affect such delivery date.
“(4) An assessment of the extent to which adequate processes and metrics are in place to measure and manage program risks.
“(5) With respect to the first ship, a description of the plans of the Navy to oversee and document the construction of the ship to ensure that the detail design supports the construction schedule for the ship.
“(6) A definition of the term ‘start of construction’ that—
“(A) is applicable to the first ship; and
“(B) does not mean a point in time—
“(i) after the completion of 5 percent of lightship displacement; or
“(ii) after the advance procurement or advance construction of the ship.
“(7) An identification of any fabrication of the hull and superstructure of the ship that will occur before the date on which the Secretary submits the certifications required under paragraphs (2) and (3) of subsection (a).
“(8) An identification of the extent of to which vendor- and government-furnished information supports the overall maturity and stability of the ship’s design, including information regarding—
“(A) whether vendor selection is complete for major distributive systems and key equipment supporting operational requirements;
“(B) whether specifications are finalized for major distributive systems and key equipment; and
“(C) the status of factory acceptance testing, as applicable, to validate finalized specifications for major distributive systems and key equipment through manufacturing.”
; and
SEC. 1025. Prohibition on Contracting with Shipyards Controlled by a Foreign Adversary Country.
“§ 8679a. Contracting with shipyards controlled by a foreign adversary country: prohibition
“The Secretary of Defense may not enter into any contract or other agreement with a shipyard determined by the Secretary of Defense to be under the ownership, control, or influence of a foreign adversary country (as defined in section 4872(d)(2) of title 10, United States Code).”
SEC. 1026. Exception to Prohibition of Overhaul, Repair, or Maintenance of Certain Vessels in Shipyards Outside the United States or Guam.
“(iii) corrective and preventive maintenance of a deployed naval vessel planned to last not more than 21 days.”
; and
“(B) During any fiscal year, the cumulative work carried out under this paragraph for ships at any particular homeport may not exceed two percent of the average annual total workload of that homeport over the preceding three-year period, as measured in shipyard labor hours.”
SEC. 1027. Strategy on Development of Naval Rearm at Sea Capability.
SEC. 1028. Authority to Use Incremental Funding for the Virginia-Class Submarine Program.
SEC. 1029. Authority to Use Incremental Funding to Enter into a Contract for the Construction of an Arleigh Burke Class Destroyer.
SEC. 1030. Pilot Program on Use of Automated Inspection Technologies at Shipyards.
SEC. 1031. Requirements for the Unmanned Maritime Autonomy Architecture.
SEC. 1032. Competitive Demonstration of Large and Extra Large Unmanned Underwater Vehicles.
SEC. 1033. Requirement for Mature Ship Design.
Subtitle D Counterterrorism
SEC. 1041. Extension of Prohibition on Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
SEC. 1042. Extension of Prohibition on Use of Funds to Construct or Modify Facilities in the United States to House Detainees Transferred from United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1043. Extension of Prohibition on Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to Certain Countries.
SEC. 1044. Extension of Prohibition on Use of Funds to Close or Relinquish Control of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E Miscellaneous Authorities and Limitations
SEC. 1051. Authority to Contribute to Innovation Fund.
“§ 2350s. Authority to contribute to innovation fund
“(a) Authority to Contribute to NATO Innovation Fund.—Within amounts authorized by law for such purpose during the five-year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Secretary of Defense may contribute to the NATO Innovation Fund a total amount of no more than $200,000,000.
“(b) Definitions.—In this section:
“(1) The term ‘NATO’ means the North Atlantic Treaty Organization.
“(2) The term ‘NATO Innovation Fund’ means the multi-sovereign, investment venture capital fund of NATO that provides secure investment in dual-use, high-impact technology.”
SEC. 1052. Extension of Authority for Reimbursement of Expenses for Certain Navy Mess Operations.
SEC. 1053. Assessments of Casualties and Fatalities During Hostilities.
SEC. 1054. Establishment of Major Mishap Incident Designation Classification for Department of Defense Incidents.
SEC. 1055. Prohibition on Use of Funds for Ecohealth Alliance and the Wuhan Institute of Virology.
SEC. 1056. Prohibition on Department of Defense Transportation of Currency to Taliban or Islamic Emirate of Afghanistan.
SEC. 1057. Prohibition on Use of Funds for the Badr Organization and Related Organizations.
SEC. 1058. Limitation on Use of Funds Pending Provision of Briefing on Reliance of People’s Liberation Army on Imported Fossil Fuels for Energy.
SEC. 1059. Prohibition on Use of Funds to Support Entertainment Projects with Ties to the Government of the People’s Republic of China.
Subtitle F Studies and Reports
SEC. 1061. Chief of Navy Reserve Annual Report.
“(e) Annual Report.—The Chief of Navy Reserve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Navy Reserve and the ability of the Navy Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Naval Operations and may be submitted in classified and unclassified versions.”
SEC. 1062. Modification and Extension of Requirement for Combatant Command Risk Assessment for Airborne Intelligence, Surveillance, and Reconnaissance.
SEC. 1063. Extension of Briefing Requirement Regarding Civil Authorities at the Southwest Border.
SEC. 1064. Extension of Annual Report on Civilian Casualties in Connection with United States Military Operations.
SEC. 1065. Review of Irregular Warfare Authorities.
SEC. 1066. Reports on Approval and Deployment of Lethal Autonomous Weapon Systems.
SEC. 1067. Congressional Notice Regarding Execute Orders Issued at the Direction of the President or the Secretary of Defense.
SEC. 1068. Mobility Capability Requirements Study.
SEC. 1069. Biodefense Posture Reviews.
SEC. 1070. Briefings on Attempts by Aliens and Foreign Actors to Access Military Installations Without Authorization.
SEC. 1071. Report on Resourcing of Arctic Strategy.
SEC. 1072. Analyses and Reports on Air Superiority of the Joint Force.
SEC. 1073. Exercise for Countering Unmanned Aerial Systems.
SEC. 1074. Report on Operational Plans of the Department of Defense.
SEC. 1075. Quarterly Reports on Funerals at Arlington National Cemetery on Hold Until Caisson Services Resume.
SEC. 1076. Plan for Enhancement of Special Operations Riverine Capability.
SEC. 1077. Annual Reports on the Postsecondary Education Complaint System.
SEC. 1078. Study and Report on Department of Defense Use of Unmanned Ground Vehicle Systems Manufactured by Certain Foreign Entities.
Subtitle G Other Matters
SEC. 1081. Introduction of Entities in Transactions Critical to National Security.
SEC. 1082. Installation Energy Plans and Assessment for Reduction of Reliance on Russian Energy.
“(2) Submittal of plans.—
“(A) Main operating bases; feasibility assessment.—Not later than December 23, 2023, the Secretary of Defense shall submit to the congressional defense committees—
“(i) an installation energy plan for each main operating base on the list submitted under paragraph (1)(A); and
“(ii) an assessment of the feasibility of reaching the goal for the elimination of the use of Russian energy pursuant to subsection (b) on that base, including—
“(I) a description of the steps that would be required to meet such goal; and
“(II) an analysis of the effects such steps would have on the national security of the United States.
“(B) US european command operating bases.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Secretary of Defense shall submit to the congressional defense committees an installation energy plan for each operating base within the area of responsibility of the United States European Command.”
“(h) Limitation.—Of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2025 or otherwise made available for fiscal year 2025 for the Office of the Secretary of Defense for travel, not more than 75 percent may be obligated or expended until the submission of the installation energy plans and assessment required under subsection (c)(2)(A).
“(i) Definition of Operating Base.—In this section, the term ‘operating base’ has the meaning of that term as used in the most recently submitted Global Defense Posture Report, as required to be submitted under section 113(g)(4)(A)(iii) of title 10, United States Code.”
SEC. 1083. Extension of the National Commission on the Future of the Navy.
SEC. 1084. Modification of National Security Commission on Emerging Biotechnology.
SEC. 1085. Modification of Defense Sensitive Support Notification Requirement.
“(3) Routine defense sensitive support.—In the event that the provision of defense sensitive support is routine defense sensitive support, the Secretary shall provide notification under paragraph (1) on a quarterly basis after providing the support.”
; and
“(1) The term ‘defense sensitive support’ means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure.
“(2) The term ‘routine defense sensitive support’ has the meaning given such term elsewhere in the National Defense Authorization Act for Fiscal Year 2025.”
SEC. 1086. Plan for Additional Skill Identifiers for Army Mountain Warfare School.
SEC. 1087. Establishment of Department of Defense Working Group on Multilateral Artificial Intelligence Coordination.
SEC. 1088. Resumption of Caisson Services at Funeral Services at Arlington National Cemetery.
SEC. 1089. Liaison with Counter Unmanned Aerial Systems Task Force.
SEC. 1090. Responding to Unmanned Aircraft Systems Incursions.
SEC. 1091. Prioritization of Accreditation of Sensitive Compartmented Information Facilities Supporting Dx-Rated Programs.
SEC. 1092. Establishment of National Security Capital Forum.
SEC. 1093. Implementation of Comptroller General Recommendations Relating to the Food Program of the Department of Defense.
SEC. 1094. Pilot Program to Provide Military Aircraft Support to Air Shows.
TITLE XI Civilian Personnel
SEC. 1101. Pilot Program for the Temporary Exchange of Information Technology Personnel.
SEC. 1102. Extension of Authority for Noncompetitive Appointments of Military Spouses by Federal Agencies.
“(e) Reports.—
“(1) In general.—Not later December 31, 2025, and each year thereafter until the sunset date in subsection (d), the Secretary of Defense, in consultation with the Director of the Office of Personnel Management, shall—
“(A) submit a report, to the Committees on Armed Services of the House Representatives and the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives, on the use of the hiring authority under section 3330d of title 5, United States Code; and
“(B) publish such report on the public website of the Department of Defense.
“(2) Contents.—Each report under paragraph (1) shall include information on—
“(A) how often such authority is used by agencies;
“(B) what positions are filled using such authority, and the grade and locations of such positions;
“(C) the number of military spouse applicants seeking positions under such authority who were not selected and the grade and locations of such positions;
“(D) the number of military spouse applicants selected for a position they were subsequently determined to not be qualified for; and
“(E) how often Department of Defense components exercised exceptions to spouse preference procedures and the grade and locations of such positions.
“(3) Final report.—The final report required under paragraph (1) shall, in addition to the contents required under paragraph (2), include—
“(A) an assessment of the effectiveness of such authority in placing military spouses into jobs for which they were highly qualified, including an analysis of their success, as determined by their tenure, promotion, and performance reviews, along with any other matters the Secretary considers appropriate; and
“(B) whether such authority should be made permanent.”
“(2) in subsection (a)—
“(A) by redesignating paragraph (5), as added by section 1112(a)(1)(C) of this Act, as paragraph (6); and
“(B) by inserting after paragraph (4), as redesignated by section 1112(a)(1)(A) of this Act, the following:”
; and
SEC. 1103. Extension of Living Quarters Allowance to Civilian Dod Employees in Positions with Critical Shortages Stationed in Guam.
“(b) Covered Employee Defined.—In this section, the term ‘covered employee’ means any civilian employee of the Department of Defense whose permanent duty station is located in Guam and who has been deemed by the Secretary of Defense to be employed in a position with critical shortages.
“(c) Sunset.—The authority under this section shall terminate on January 1, 2034.”
SEC. 1104. One-Year Extension of Authority to Waive Annual Limitation on Premium Pay and Aggregate Limitation on Pay for Federal Civilian Employees Working Overseas.
SEC. 1105. One-Year Extension of Temporary Authority to Grant Allowances, Benefits, and Gratuities to Civilian Personnel on Official Duty in a Combat Zone.
SEC. 1106. Pilot Program for Overseas Work-Period for Dod Competitive Service Positions.
SEC. 1107. Employment and Compensation of Civilian Faculty Members at Inter-American Defense College.
“(9) The United States Element of the Inter-American Defense College.”
SEC. 1108. Treatment of Veterans Who Did Not Register for the Selective Service.
“(b) Subsection (a) shall not apply to an individual—
“(1) who is a veteran;
“(2) who provides evidence of active duty service to the Executive agency in which the individual seeks an appointment; and
“(3) for whom the requirement to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) has terminated or is now inapplicable due to age.”
; and
“(d) In this section, the terms ‘active duty’ and ‘veteran’ have the meaning given those terms in section 101 of title 38.”
SEC. 1109. Increase in Military Leave Accrual and Accumulation for Federal Employees.
SEC. 1110. Sufficient Firefighter Personnel Covered Installations.
SEC. 1111. Extension of Direct Hire Authority for Domestic Industrial Base Facilities and Major Range and Test Facilities Base.
SEC. 1112. Modifications to the John S. Mccain Strategic Defense Fellows Program.
“(2) Noncompetitive appointment or conversion.—
“(A) In general.—Upon a participant’s successful completion of the fellows program, the Secretary may, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, noncompetitively appoint or convert the participant into a vacant competitive or excepted service position in the Department, if the Secretary determines that such appointment or conversion will contribute to the development of highly qualified future senior leaders for the Department.
“(B) Grade.—The Secretary may appoint or convert a participant under subparagraph (A) into a position at or below the level of GS–13 of the General Schedule or an equivalent position for which the participant is qualified without regard to any minimum time-in-grade requirements.
“(C) Consent.—Before converting an individual to the competitive service under this paragraph, the Secretary shall notify and receive written consent from the individual of the individual’s change in status.
“(3) Appointment of former participants.—The Secretary may use the authority provided by paragraph (2) for a participant—
“(A) not later than one year after the date of the participant’s successful completion of the fellows program; or
“(B) in the case of a participant who entered the fellows program before the date of the enactment of this subparagraph, not later than one year after such date of enactment.”
SEC. 1113. Modification of Pilot Program on Dynamic Shaping of the Workforce to Improve the Technical Skills and Expertise at Certain Department of Defense Laboratories.
SEC. 1114. Continuity of Coverage under Certain Provisions of Title 5, United States Code.
“§ 6323. Military leave: Reserves, National Guard members, and certain members of the Space Force”
“6323. Military leave: Reserves, National Guard members, and certain members of the Space Force.”.
SEC. 1115. Limitation on Establishment of New Diversity, Equity, and Inclusion Positions; Hiring Freeze.
TITLE XII Matters Relating to Foreign Nations
Subtitle A Assistance and Training
SEC. 1201. Modification of Authority to Build Capacity of Foreign Security Forces and Modification of Support for Execution of Bilateral Agreements Concerning Illicit Transnational Maritime Activity in Africa.
“(2) Availability of funds for programs across fiscal years.—Amounts made available in fiscal year 2025 or any subsequent fiscal year to carry out the authority in subsection (a) may be used for programs under that authority that begin in such fiscal year and end not later than the end of the third fiscal year thereafter.”
SEC. 1202. Modification of Authority for Naval Small Craft Instruction and Technical Training School.
“(e) Costs.—
(1) The fixed costs of the School may be paid from amounts made available for the Navy as follows:
“(A) The costs of operating and maintaining the School may be paid from amounts made available to the Navy for operation and maintenance.
“(B) The costs of the equipment requirements of the School may be paid from amounts made available to the Navy for procurement.
“(C) The costs of the facilities construction requirements of the School may be paid from amounts made available to the Navy for military construction.
“(2) The food procurement and service costs of the School that may be paid from amounts made available to the Navy for operation and maintenance are as follows:
“(A) The costs of providing food services to personnel, visitors, and international students at the School.
“(B) The costs of operating, maintaining, and sustaining a dining facility or contracted food services at the School.”
SEC. 1203. Assessment, Monitoring, and Evaluation of Programs and Activities.
SEC. 1204. Quarterly Briefings on Counterterrorism Operations, Irregular Warfare, and Sensitive Activities.
“(a) Briefings Required.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings on counterterrorism operations and related activities (including the use of military force under the notion of collective self-defense of foreign partners), irregular warfare activities, and other sensitive activities conducted by the Department of Defense.”
“485. Quarterly briefings on counterterrorism operations, irregular warfare, and sensitive activities.”.
SEC. 1205. Extension of Modification to Authority to Provide Support for Conduct of Operations.
“(1) in each of fiscal years 2023 and 2024 may not exceed $950,000,000; and
“(2) in each of fiscal years 2025 and 2026 may not exceed $750,000,000.”
“(A) With respect to section 331 of this title, the value of all logistic support, supplies, and services for which notice is required by such section.”
“(B) The number of new programs carried out during the period of the report that required notice under section 331 of this title.”
SEC. 1206. Extension of Authorities.
SEC. 1207. Extension and Modification of Defense Operational Resilience International Cooperation Pilot Program.
“(e) Prioritization.—In providing security cooperation for the purposes described in section (c)(1), the Secretary shall prioritize efforts based on—
“(1) the priorities of the commanders of the geographic combatant commands;
“(2) the operational relevance of the effort;
“(3) the need of the foreign partner; and
“(4) programs in less developed countries.”
; and
SEC. 1208. Acceptance and Expenditure of Contributions for Multilateral Security Cooperation Programs and Activities.
SEC. 1209. Temporary Authority to Provide Training to Military Forces or National Security Forces of Costa Rica and Panama.
SEC. 1210. Improvements to Defense Acquisition Workforce for Foreign Military Sales.
Subtitle B Matters Relating to Israel
SEC. 1211. Statement of Policy Ensuring Israel’s Defense.
SEC. 1212. Modification of United States-Israel Anti-Tunnel Cooperation.
SEC. 1213. Requirement to Conduct Subterranean Warfare Military Exercises.
SEC. 1214. Strategic Partnership on Defense Industrial Priorities Between the United States and Israel.
SEC. 1215. Establishment of Program Between the United States and Israel for Military Trauma Education and Training.
Subtitle C Matters Relating to the Near and Middle East
SEC. 1221. Key Partners for Middle East Regional Integration Military Subject Matter Expert Exchange Program.
SEC. 1222. Extension and Modification of Annual Report on Military Power of Iran.
“(B) any adjustments to the use of proxy forces by Iran;”
“(E) the role of Iran in supporting, facilitating, directing, or conducting attacks on United States forces in the region;”
“(9) An assessment of the use of civilians by groups supported by Iran to shield military objectives from attack, including groups such as—
“(A) Hezbollah, Hamas, and the Houthis; and
“(B) the Special Groups in Iraq.”
; and
“(14) An assessment of the manner and extent to which the advances or improvements in the capabilities of Iran’s conventional and unconventional forces described in this section have affected Israel’s qualitative military edge during the preceding year.”
SEC. 1223. Modification of Report on the Military Capabilities of Iran and Related Activities.
SEC. 1224. Prohibition on Providing Funding to Iranian Entities.
SEC. 1225. Notification Relating to Arms Trafficking by Iran.
SEC. 1226. Assessment and Plan with Respect to Equipment Provided to Kurdish Peshmerga Forces.
SEC. 1227. Extension of Authority for Reimbursement of Certain Coalition Nations for Support Provided to United States Military Operations.
SEC. 1228. Extension and Modification of Security Briefings on Afghanistan.
“(11) The extent to which the Department of Defense is tracking and monitoring the equipment the Taliban recovered from the Afghan National Security Forces, an assessment of how such equipment being used by the Taliban, and the operational readiness of such equipment.”
SEC. 1229. Notifications Regarding Terrorist Groups in Afghanistan.
SEC. 1230. Extension of Authority to Support Operations and Activities of the Office of Security Cooperation in Iraq.
SEC. 1231. Extension and Modification of Authority to Provide Assistance to Counter the Islamic State of Iraq and Syria.
SEC. 1232. Extension of Authority to Provide Assistance to Vetted Syrian Groups and Individuals.
SEC. 1233. Statement of Policy on Recognition of the Assad Regime.
TITLE XIII Other Matters Relating to Foreign Nations
Subtitle A Matters Relating to Europe and Russia
SEC. 1301. Modifications to North Atlantic Treaty Organization Special Operations Headquarters.
SEC. 1302. Extension and Modification of Training for Eastern European National Security Forces in the Course of Multilateral Exercises.
“(D) The Republic of Cyprus.”
; and
SEC. 1303. Extension of Prohibition on Availability of Funds Relating to Sovereignty of the Russian Federation Over Internationally Recognized Territory of Ukraine.
SEC. 1304. Prohibition on New Start Treaty Information Sharing.
Subtitle B Matters Relating to the Indo-Pacific Region
SEC. 1311. Sense of Congress on Defense Alliances and Partnerships in the Indo-Pacific Region.
SEC. 1312. Modification of Indo-Pacific Maritime Security Initiative.
“(A) to provide assistance to—
“(i) the national military or other security forces of any such country that has among its functional responsibilities a maritime security mission; and
“(ii) any other national-level governmental organization of such a country that has among its functional responsibilities a maritime domain awareness mission, for purposes of helping to achieve the maritime domain awareness objectives of such country if such assistance directly contributes to the integration of a maritime domain awareness activity with the national military or other security forces described in clause (i); and
“(B) to provide training to—
“(i) ministry, agency, and headquarters-level organizations for such forces; or
“(ii) other national-level governmental organizations described in paragraph (A)(ii).”
; and
SEC. 1313. Extension and Modification of Pacific Deterrence Initiative.
SEC. 1314. Indo-Pacific Extended Deterrence Education Pilot Program.
Subtitle C Matters Relating to Taiwan
SEC. 1321. Modification of Reporting Requirement for Transfer of Defense Articles and Defense Services to Taiwan.
“(3) Form.—Each report required under paragraph (1) may be submitted in classified form.”
SEC. 1322. Establishment of Program Between the United States and Taiwan for Military Trauma Care.
SEC. 1323. Taiwan Security Cooperation Initiative.
SEC. 1324. Sense of Congress Regarding Invitation to Taiwan to Rim of the Pacific Exercise.
Subtitle D Coordinating AUKUS Engagement With Japan
SEC. 1331. Definitions.
SEC. 1332. Sense of Congress.
SEC. 1333. Engagement with Japan on Aukus Pillar Two Cooperation.
SEC. 1334. Assessment of Potential for Cooperation with Japan on Aukus Pillar Two.
Subtitle E Matters Relating to East Asia
SEC. 1341. Extension and Modification of Authority to Transfer Funds for Bien Hoa Dioxin Cleanup.
SEC. 1342. Modification of Cooperative Program with Vietnam to Account for Vietnamese Personnel Missing in Action.
“(3) Supporting activities to build the capacity of Vietnam for locating, recovering, and conducting DNA analysis and identification of missing persons from the Vietnam War.
“(4) Increasing exchanges, training, and dialogue among veterans and families of missing persons from the Vietnam War.”
“(c) Designation of Lead Coordinating Office.—The Secretary shall designate an office within the Department of Defense to serve as the lead coordinating office for the program carried out under this section.”
; and
SEC. 1343. Plan for Establishment of a Joint Force Headquarters in Japan.
SEC. 1344. Plan for Department of Defense Activities to Strengthen United States Extended Deterrence Commitments to the Republic of Korea.
SEC. 1345. Plan and Annual Report Relating to Trilateral Defense Cooperation with Japan and the Republic of Korea.
SEC. 1346. Modification of Public Reporting of Chinese Military Companies Operating in the United States.
“(A) In general.—Concurrent with”
; and
“(B) Inclusion.—The publication required by subparagraph (A) shall include, for each entity included in the unclassified portion of such list, the justification for inclusion in such list.”
“(4) Language requirement.—The Secretary shall prepare the list required by paragraph (1) in English and in Mandarin Chinese. If the name of a Chinese military company included on the list is referred to by the Government of China in a language other than English or Mandarin Chinese, the Secretary shall also include on the list the name of that company in that language.”
“(1) Affiliated with.—The term ‘affiliated with’ means in close formal or informal association.”
“(I) directly or indirectly owned by, controlled by, or beneficially owned by, affiliated with, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army, Chinese military and paramilitary elements, security forces, police, law enforcement, border control, the People’s Armed Police, the Ministry of State Security (MSS), or any other organization subordinate to the Central Military Commission of the Chinese Communist Party, the Chinese Ministry of Industry and Information Technology (MIIT), the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC), or the State Administration of Science, Technology, and Industry for National Defense (SASTIND); or”
; and
“(C) includes a wholly-owned or wholly-controlled subsidiary or wholly-owned or wholly-controlled affiliate of such an entity or any entity that owns in the aggregate, directly or indirectly, 50 percent or more of any entity or entities described in subparagraph (B).”
“(A) Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science, technology, research, and industrial efforts initiated, granted, or created by, or provided under, or related to, the Chinese military industrial planning apparatus, or in furtherance of Chinese military industrial planning objectives, including selection or designation as a ‘Single Champion’, ‘Little Giant’, or any other successor selection or designation as an enterprise associated with industrial planning or military-civil fusion efforts.
“(B) Entities managed, overseen, or supervised by, otherwise under the control of, or affiliated with (including by means of formal participation in research partnerships and projects)—
“(i) the Chinese Ministry of Industry and Information Technology (MIIT);
“(ii) the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC);
“(iii) the State Administration of Science, Technology and Industry for National Defense (SASTIND);
“(iv) the Ministry of State Security (MSS); or
“(v) the People’s Liberation Army.”
; and
“(4) Operating directly or indirectly in the united states or any of its territories and possessions.—With respect to an entity, the term ‘operating directly or indirectly in the United States or any of its territories and possessions’ includes an entity selling goods in, or receiving goods or services from, the United States or any of its territories or possessions, regardless of whether the entity has a physical presence in the United States.”
; and
“(d) Defense Industrial Base Report.—
“(1) In general.—Not later than December 31, 2026, and biennially thereafter through December 31, 2031, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Department of Defense procurement restrictions on entities included in the list described in subsection (b)(1).
“(2) Elements.—Each report required by paragraph (1) shall include the following:
“(A) A list of each entity included in the list described in subsection (b)(1) that is likely present in the United States defense industrial base.
“(B) Available unclassified data on any such entity and its presence within the United States defense industrial base.
“(C) A description of any update to policies or procedures implemented to enforce procurement restrictions on entities included in the list described in subsection (b)(1).
“(e) Procedures for Implementation.—The Secretary of Defense shall establish such reasonable procedures as are necessary to implement the provisions of this section, including for obtaining information from outside entities relevant to the list described in subsection (b)(1) and procedures for removal of entities from the list described in subsection (b)(1).
“(f) Judicial Review.—In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.”
SEC. 1347. Strategy to Address Malign Activities by the People’s Liberation Army.
TITLE XIV Other Authorizations
Subtitle A Military Programs
SEC. 1401. Working Capital Funds.
SEC. 1402. Chemical Agents and Munitions Destruction, Defense.
SEC. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
SEC. 1404. Defense Inspector General.
SEC. 1405. Defense Health Program.
Subtitle B National Defense Stockpile
SEC. 1411. Restoring the National Defense Stockpile.
SEC. 1412. Consultations with Respect to Environmental Reviews of Projects That Will Increase Availability of Strategic and Critical Materials for Acquisition for National Defense Stockpile.
Subtitle C Other Matters
SEC. 1421. Extension of Authorities for Funding and Management of Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James a. Lovell Health Care Center, Illinois.
SEC. 1422. Eligibility of Space Force Officers for Membership on Armed Forces Retirement Home Advisory Council.
“(F) the Deputy Chief of Space Operations for Human Capital of the Space Force.”
“(F) The Chief Master Sergeant of the Space Force.”
SEC. 1423. Armed Forces Retirement Home: Availability of Licensed Practitioners.
“(c) Availability of Licensed Practitioners.—
(1) In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall have appropriate licensed practitioners, as determined under paragraph (2), available during the daily business hours of the facility and on an on-call basis at other times.
“(2) In accordance with accrediting organization standards pursuant to section 1511(g), the Chief Operating Officer, in consultation with the Medical Director, shall ensure that the skills, experience, and availability of the practitioners are suited to residents of the facility.”
SEC. 1424. Authorization of Appropriations for Armed Forces Retirement Home.
TITLE XV Cyberspace-Related Matters
Subtitle A Cyber Operations
SEC. 1501. Modification of Prohibition on Purchase of Cyber Data Products or Services Other Than Through the Program Management Office for Department of Defense-Wide Procurement of Cyber Data Products and Services.
“(3) such component submits to such office a justification for such component to independently procure such product or service that such component determines as demonstrating—
“(A) the compelling need for such product or service; and
“(B) either the urgency for such product or service or the need to ensure competition in the market for such product or service supports such independent procurement by such component.”
SEC. 1502. Department of Defense Information Network Subordinate Unified Command.
SEC. 1503. Establishment of the Department of Defense Hackathon Program.
SEC. 1504. Support for Cyber Threat Tabletop Exercise Program with the Defense Industrial Base.
SEC. 1505. Accounting of Cloud Computing Capabilities of the Department of Defense.
Subtitle B Cybersecurity
SEC. 1511. Termination of Reporting Requirement for Cross Domain Incidents and Exemptions to Policies for Information Technology.
“(c) Termination Date.—The requirement of the Secretary of Defense to submit a monthly report under subsection (a) shall terminate on December 31, 2025.”
SEC. 1512. Information Technology Programs of the National Background Investigation Service.
SEC. 1513. Guidance for Application of Zero Trust Strategy to Internet of Things Hardware Used in Military Operations.
SEC. 1514. Management and Cybersecurity of Multi-Cloud Environments.
SEC. 1515. Protective Measures for Mobile Devices Within the Department of Defense.
Subtitle C Information Technology and Data Management
SEC. 1521. Usability of Antiquated and Proprietary Data Formats for Modern Operations.
SEC. 1522. Modernization of the Department of Defense’s Authorization to Operate Processes.
SEC. 1523. Update of Biometric Policy of Department of Defense.
Subtitle D Artificial Intelligence
SEC. 1531. Artificial Intelligence Human Factors Integration Initiative.
SEC. 1532. Advanced Computing Infrastructure to Enable Advanced Artificial Intelligence Capabilities.
SEC. 1533. Cost Budgeting for Artificial Intelligence Data.
SEC. 1534. Evaluation of Federated Artificial Intelligence-Enabled Weapon Systems Center of Excellence.
Subtitle E Reports and Other Matters
SEC. 1541. Oversight and Reporting on the Mission Partner Environment and Associated Activities Within the Department of Defense.
“(a) Biannual Briefings.—
“(1) In general.—During the period beginning on October 1, 2021, and ending on October 1, 2028, the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Chief Digital and Artificial Intelligence Officer of the Department of Defense, the Chief Information Officer of the Department of Defense, and a senior military service representative for each of the Armed Forces shall provide to the congressional defense committees biannual briefings on the progress of the Joint All Domain Command and Control (in this section referred to as ‘JADC2’) effort of the Department of Defense.
“(2) Annual participation by certain combatant commands.—For each fiscal year during the period specified in paragraph (1), a senior representative from each of the United States Indo-Pacific Command, United States Central Command, and United States European Command shall participate in the provision of the first biannual briefing under such paragraph following the submission of the budget of the President to Congress under section 1105 of title 31, United States Code, for that fiscal year.”
SEC. 1542. Extension of Certification Requirement Regarding Contracting for Military Recruiting.
SEC. 1543. Prohibition on Disestablishment or Merger of Officer Career Paths Within the Cyber Branch of the United States Army.
SEC. 1544. Independent Assessment of Cyber Organizational Models.
SEC. 1545. Limitation on Availability of Funds for the Joint Cyber Warfighting Architecture.
SEC. 1546. Risk Framework for Foreign Mobile Applications of Concern.
SEC. 1547. Joint Partner-Sharing Network Capabilities for Middle East Defense Integration.
TITLE XVI Space Activities, Strategic Programs, and Intelligence Matters
Subtitle A Space Activities
SEC. 1601. Modification of Air Force Space Contractor Responsibility Watch List.
“§ 2271a. Space Contractor Responsibility Watch List
“(a) Establishment.—The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the service acquisition executive for the Air Force for space systems and programs, shall maintain a list of contractors with a history of poor performance on space procurement contracts.
“(b) Basis for Inclusion on Watch List.—
(1) The Assistant Secretary shall place a contractor, which may consist of the entire contracting entity or a specific division of the contracting entity, on the watch list based on a determination made under paragraph (2).
“(2)
(A) In considering whether to place a contractor on the watch list, the Assistant Secretary shall determine whether there is evidence of any of the following:
“(i) Poor performance on one or more space procurement contracts, or award fee scores below 50 percent.
“(ii) Inadequate management, operational or financial controls, or resources.
“(iii) Inadequate security controls or resources, including unremediated vulnerabilities arising from foreign ownership, control, or influence.
“(iv) Any other failure of controls or performance of a nature so serious or compelling as to warrant placement of the contractor on the watch list.
“(B) If the Assistant Secretary determines, based on evidence described in any of clauses (i) through (iv) of subparagraph (A), that the ability of a contractor to responsibly perform is meaningfully impaired, the Assistant Secretary shall place the contractor on the watch list.
“(C) The Assistant Secretary shall establish written policies for the consideration of contractors for placement on the watch list, including policies that require that—
“(i) contractors proposed for placement on the watch list shall be provided with notice and an opportunity to respond;
“(ii) the basis for a final determination placing a contractor on the watch list shall be documented in writing; and
“(iii) at the request of a contractor, the contractor shall be removed from the watch list if the Assistant Secretary determines that there is evidence that the issue resulting in placement on the list has been satisfactorily remediated.
“(c) Effect of Listing.—
(1) The Assistant Secretary may not solicit an offer from, award a contract to, consent to a subcontract with, execute a grant, cooperative agreement, or other transaction with, or exercise an option on any space procurement contract with, an entity included on the watch list unless the Assistant Secretary makes a written determination that there is a compelling reason to do so.
“(2) Not later than 10 days after the Assistant Secretary makes a determination under paragraph (1), the Assistant Secretary shall notify the congressional defense committees and the Interagency Committee on Debarment and Suspension constituted under sections 4 and 5 of Executive Order 12549 (51 Fed. Reg. 6370; relating to debarment and suspension) of the determination.
“(d) Limitation on Delegation.—The Assistant Secretary may delegate the authority to make a determination under subsection (b)(2)(B) or subsection (c)(1) only if the following criteria are met:
“(1) The delegation is to the suspension and debarment official of the Air Force.
“(2) The delegation is made on a case-by-case basis.
“(3) Not later than seven days after the date on which such determination is made, the Assistant Secretary notifies the congressional defense committees of the delegation.
“(e) Rule of Construction.—Nothing in this section shall be construed as preventing the suspension or debarment of a contractor, but inclusion on the watch list shall not be construed as a punitive measure or de facto suspension or debarment of a contractor.
“(f) Definitions.—In this section:
“(1) The term ‘contract’ includes a grant, cooperative agreement, or other transaction.
“(2) The term ‘contractor’ means any individual or entity that enters into a contract.
“(3) The term ‘watch list’ means the watch list maintained under subsection (a).”
SEC. 1602. Establishment of Commercial Augmentation Space Reserve.
“§ 9531. Commercial Augmentation Space Reserve.
“(a) Program.—The Secretary may carry out a program to be known as the ‘Commercial Augmentation Space Reserve’ program. Under the program, the Secretary may include in a contract for the procurement of space products or services one or more provisions under which a qualified contractor agrees to provide additional space products or services to the Department of Defense on an as-needed basis under circumstances determined by the Secretary.
“(b) Security Measures.—In carrying out the program under subsection (a), the Secretary—
“(1) shall ensure that each contract under, and qualified contractor participating in, the program complies with applicable security measures, including any security measures required under the National Industrial Security program (or any successor to such program); and
“(2) may establish and implement such additional security measures as the Secretary determines appropriate to protect the national security interests of the United States.
“(c) Commitment of Space Products or Services as a Business Factor.—In determining the quantity of business to be received under a space product or services contract pursuant to subsection (a), the Secretary may use as a factor the relative amount of space product or service committed to the program under subsection (a) by the qualified contractor involved.
“(d) Definitions.—In this section:
“(1) The term ‘citizen of the United States’ means—
“(A) an individual who is a citizen of the United States;
“(B) a partnership each of whose partners is an individual who is a citizen of the United States; or
“(C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States.
“(2) The term ‘qualified contractor’ means a contractor that is a citizen of the United States.
“(3) The term ‘Secretary’ means the Secretary of Defense.
“(4) The term ‘space products or services’ means commercial products and commercial services (as those terms are defined in section 2.101 of the Federal Acquisition Regulation) and noncommercial products and noncommercial services offered by commercial companies that operate to, through, or from space, including any required terrestrial ground, support, and network systems and associated services that can be used to support military functions and missions.”
SEC. 1603. Space Force Satellite Ground Systems.
“§ 2275c. Space Force satellite ground systems
“(a) Requirement.—The Assistant Secretary of the Air Force for Space Acquisitions and Integration, acting as the service acquisition executive for the Air Force for space systems and programs, may not authorize a launch associated with a Space Force satellite acquisition program unless—
“(1) the associated ground systems and modifications are completed and ready for operation at the time of the launch; and
“(2) the applicable satellite capabilities may be used on completion of the launch.
“(b) Waiver.—
(1) The Secretary of the Air Force may waive the requirement under subsection (a) if the Secretary determines that such waiver is necessary for reasons of national security.
“(2) Not later than 10 days after making a waiver under paragraph (1), the Secretary shall notify the congressional defense committees of such waiver.”
SEC. 1604. Modification of Notification of Foreign Interference of National Security Space.
“(2) With respect to intentional attempts by a foreign actor to disrupt, degrade, or destroy a United States critical national security space capability that are continuous or repetitive in nature, the Commander shall—
“(A) provide the notice and notification regarding the first attempt by such foreign actor in accordance with paragraph (1); and
“(B) during the period in which such foreign actor continues or repeats such attempts, provide to the appropriate congressional committees a consolidated monthly notice and notification of such attempts by not later than the tenth day of each month following the month in which the first notice under paragraph (1) was provided.”
; and
“(c) Definitions.—In this section:
“(1) The term ‘appropriate congressional committees’ means the following:
“(A) The congressional defense committees.
“(B) With respect to a notice or notification relating to an attempt by a foreign actor to disrupt, degrade, or destroy a capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
“(2) The term ‘United States critical national security space capability’ means a national security space capability of the United States provided by an asset on the critical asset list established by the Commander of the United States Space Command pursuant to Department of Defense Directive 3020.40, Department of Defense Instruction 3020.45, Joint Publication 3-01 of the Joint Chiefs of Staff, or such other relevant requirements of the Department of Defense.”
SEC. 1605. Modifications to National Security Space Launch Program.
SEC. 1606. Comptroller General Review Regarding Global Positioning System Modernization and Other Positioning, Navigation, and Timing Systems.
“(c) Comptroller General Review and Assessment; Briefing.—
“(1) Requirements.—The Comptroller General shall—
“(A) review and assess the efforts of the Department of the Air Force with respect to Global Positioning System modernization and other positioning, navigation, and timing systems; and
“(B) provide to the congressional defense committees a briefing on—
“(i) the progress made by the Space Force in fielding military code from the Global Positioning System (commonly known as ‘M-code’);
“(ii) the efforts the Department of the Air Force has planned or made to develop complementary or alternative solutions for M-code to obtain positioning, navigation, and timing information through new signals, systems, and subsystems; and
“(iii) the extent to which the military departments have developed and fielded user equipment with the ability to use M-code and complementary or alternative solutions.
“(2) Timing.—The Comptroller General shall provide to the congressional defense committees—
“(A) not later than March 1, 2025, the briefing required by paragraph (1)(B);
“(B) a report on the matters described in that paragraph, to be submitted on a date agreed upon at such briefing; and
“(C) any subsequent briefing on the matters described in that paragraph, as the Comptroller General considers appropriate.”
SEC. 1607. Senior Advisor for Space Command, Control, and Integration.
SEC. 1608. Pilot Program to Demonstrate Hybrid Satellite Communication Architecture.
SEC. 1609. Middle East Integrated Space and Satellite Security Assessment.
SEC. 1610. Annual Briefing on Commercial Space Strategy of the Space Force.
Subtitle B Defense Intelligence and Intelligence-Related Activities
SEC. 1611. Extension and Modification of Authority to Engage in Certain Commercial Activities as Security for Intelligence Collection Activities.
“(1)
(A) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director; and
“(B) where appropriate, be supported by the Director; and”
SEC. 1612. Cyber Intelligence Capability.
“§ 430d. Cyber intelligence capability
“(a) Requirement.—Not later than October 1, 2026, the Secretary of Defense, in consultation with the Director of National Intelligence, shall ensure that the Department of Defense has a dedicated cyber intelligence capability in support of the military cyber operations requirements for the warfighting missions of the United States Cyber Command, the other combatant commands, the military departments, the Defense Agencies, the Joint Staff, and the Office of the Secretary of Defense with respect to foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors.
“(b) Nonduplication.—In carrying out subsection (a), the Secretary may not unnecessarily duplicate intelligence activities of the Department of Defense.
“(c) Resources.—
(1) The Secretary shall ensure the defense budget materials submitted for each fiscal year beginning with fiscal year 2027 include a request for funds necessary to carry out subsection (a).
“(2) The Secretary shall carry out subsection (a) using funds made available for the United States Cyber Command under the Military Intelligence Program.
“(3) The National Security Agency may not provide information technology services for the dedicated cyber intelligence capability under subsection (a) unless such services are provided under the Military Intelligence Program or the Information Systems Security Program.
“(d) Defense Budget Materials Defined.—In this section, the term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”
SEC. 1613. Authority of Army Counterintelligence Agents.
“(2) In addition to paragraph (1), during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Counterintelligence Command (or a successor to that command) whose duties include conducting, supervising, or coordinating counterintelligence investigations in programs and operations of the Department of the Army.”
SEC. 1614. Extension and Modification of Defense Intelligence and Counterintelligence Expense Authority.
“(f) Nonapplication of Section 127.—The authority provided by subsection (a) shall be the exclusive authority available to the Secretary of Defense to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature.”
SEC. 1615. Intelligence Advice and Department of Defense Support for Government of Israel in the Defeat of Hamas.
Subtitle C Nuclear Forces
SEC. 1621. Establishment of Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; Improvements to Processes of the Office of the Secretary of Defense.
“(4) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on nuclear deterrence policies, operations, and associated programs within the senior management of the Department of Defense. The principal duty of the Assistant Secretary shall be the overall supervision of nuclear deterrence policy, resources, and activities of the Department of Defense.
“(A) Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall—
“(i) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense on all matters relating to the sustainment, operation, and modernization of United States nuclear forces as defined in section 499c(d) of this title;
“(ii) communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense;
“(iii) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title;
“(iv) serve as the principal Department of Defense civilian responsible for oversight of portfolio management for nuclear forces established by section 499c of this title;
“(v) serve as the principal interface with the Department of Energy on issues relating to nuclear fuels;
“(vi) in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, advise the Secretary of Defense on nuclear energy matters; and
“(vii) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy on all matters relating to the defense against chemical, biological, and other weapons of mass destruction.
“(B) Unless otherwise directed by the President or statute, no officer other than the Secretary of Defense, Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of responsibilities specified in subparagraph (A).”
“(D) chairman of the Nuclear Weapons Council established by section 179 of this title; and
“(E) co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of this title;”
; and
“(6) overseeing—
“(A) the sustainment and modernization of United States nuclear forces, including the nuclear command, control, and communications system; and
“(B) military department and Defense Agency programs to develop defenses against chemical and biological weapons and capabilities to counter weapons of mass destruction;”
“(F) the development of strategic policy guidance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employment guidance of the United States, as described in section 491 of this title.”
SEC. 1622. Extension and Modification of Certifications Regarding Integrated Tactical Warning and Attack Assessment Mission of the Department of the Air Force.
“(b) Inability To Certify.—If the Commander of the United States Space Command does not make a certification under subsection (a) by March 31 of any year in which a certification is required under such subsection, the Secretary of the Air Force shall—
“(1) not later than June 30 of that year, consolidate all terrestrial and aerial components of the integrated tactical warning and attack assessment system of the Department of the Air Force that are survivable and endurable under the major command of the Department of the Air Force commanded by the single general officer that is responsible for all aspects of the Department of the Air Force nuclear mission, as described by Air Force Program Action Directive D16–01, dated August 2, 2016; and
“(2) not later than April 30 of that year, submit to the Secretary of Defense and the congressional defense committees a report describing a plan to achieve such certification, and the status of programs and plans to meet the requirements of Presidential directives and Department of Defense policies applicable to integrated tactical warning and attack assessment systems that are survivable and endurable.”
“(c) Waiver Authority.—The Secretary of Defense may waive the requirement of paragraph (1) of subsection (b), if the Secretary certifies to the congressional defense committees that—
“(1) the plan described in paragraph (2) of that subsection is sufficient to ensure that the Department of the Air Force is able to satisfy the criteria under subsection (a);
“(2) resourcing for executing such plan shall be addressed, to the maximum extent possible, within the current fiscal year; and
“(3) any additional resources necessary to execute such plan shall be included in future budgetary requests of the Department of Defense.”
SEC. 1623. Periodic Updates on the Modernization of the Strategic Automated Command and Control System.
“(c) Periodic Updates.—Beginning not later than March 1, 2025, and not later than each of March 1 and September 1 annually thereafter, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the progress of the modernization effort described in subsection (a).”
SEC. 1624. Modified Requirements for Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, Nuclear Weapons Delivery Systems, and Nuclear Weapons Command and Control System.
SEC. 1625. Matters Relating to Pilot Program on Development of Reentry Vehicles and Related Systems.
“(2) expand the availability of operationally qualifiable vendors within the defense industrial base;”
; and
“(c) Coordination.—If the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, acting jointly or separately, carries out a pilot program under this section, such Secretary or Secretaries shall ensure that the activities under the pilot program are carried out in coordination with the Under Secretary of Defense for Research and Engineering and the Director of the Missile Defense Agency.”
“(d) Semiannual Briefings.—Not later than March 1 and September 1 of each year in which the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, acting jointly or separately, carries out a pilot program under this section, such Secretary or Secretaries shall provide to the congressional defense committees a briefing on the activities of the pilot program.”
SEC. 1626. Expansion of Nuclear Long Range Standoff Capability.
SEC. 1627. Matters Relating to the Nuclear-Armed Sea-Launched Cruise Missile.
“(e) Selection of a Nuclear Weapon System With an Alternative Warhead.—
“(1) Briefing, certification, and waiting period.—For purposes of subsection (a)(3), the Secretary of Defense, in coordination with the Secretary of Energy, may carry out a nuclear weapons system project with an alternative warhead to the W80–4 ALT warhead, if—
“(A) the Secretaries jointly provide to the congressional defense committees a briefing that includes—
“(i) a description of the alternative warhead to be developed under the project;
“(ii) an estimate and description of the balance among the costs, schedule, and programmatic impacts for the research, development, and production of such alternative warhead;
“(iii) an explanation of the reasons the Secretaries intend to develop a nuclear weapon system with such alternative warhead instead of—
“(I) the W80–4 ALT warhead; or
“(II) any other warhead options that may have been considered;
“(iv) a written certification from the Secretaries that—
“(I) if selected as the preferred option, the nuclear weapon system with the alternative warhead is expected to more favorably balance military effectiveness, cost, schedule, and programmatic impacts than the nuclear weapons system with the W80–4 ALT warhead; and
“(II) any funds required for such alternative warhead will be included in the materials submitted by the Secretaries in support of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) until the selected warhead achieves full operational capability, as determined by the Commander of United States Strategic Command; and
“(B) a period of 45 days has elapsed following the date on which such briefing was provided.
“(2) Form of briefing.—The briefing under paragraph (1)(A) may be submitted in classified form.”
SEC. 1628. Availability of Air Force Procurement Funds for Heat Shield Material for Mark 21a Reentry Vehicle.
SEC. 1629. Conditional Requirements for Sentinel Intercontinental Ballistic Missile Program.
SEC. 1630. Prohibition on Reduction of Intercontinental Ballistic Missiles of the United States.
SEC. 1631. Limitation on Use of Funds for Altering Air Force Global Strike Command.
SEC. 1632. Limitations on Use of Funds to Dismantle B83–1 Nuclear Gravity Bomb.
SEC. 1633. Limitation on Availability of Funds Pending Submission of Plan for Decreasing the Time to Upload Additional Warheads to the Intercontinental Ballistic Missile Fleet.
SEC. 1634. Limitation on Availability of Funds Pending Submission of Information on Options for Enhancing National Nuclear Security Administration Access to the Defense Industrial Base.
SEC. 1635. Defense Industrial Base Workforce Development Strategy.
SEC. 1636. Long-Term Plan for Strategic Nuclear Forces During Delivery Vehicle Transition.
SEC. 1637. Reports and Briefings on Recommendations of the Congressional Commission on the Strategic Posture of the United States.
SEC. 1638. Sense of Congress with Respect to Use of Artificial Intelligence to Support Strategic Deterrence.
Subtitle D Missile Defense Programs
SEC. 1641. Expansion of Certain Prohibitions Relating to Missile Defense Information and Systems to Apply to People’s Republic of China.
SEC. 1642. Additional Missile Defense Site for Protection of United States Homeland.
SEC. 1643. Advice and Assistance Regarding Enhancement of Jordanian Air and Missile Defense.
SEC. 1644. Iron Dome Short-Range Rocket Defense System and Israeli Cooperative Missile Defense Program Co-Development and Co-Production.
SEC. 1645. Limitation on Availability of Funds with Respect to Certain Missile Defense System Governance Documents, Policies, and Procedures.
SEC. 1646. Congressional Notification Requirement with Respect to Incidents That Affect Availability of United States Homeland Missile Defenses.
SEC. 1647. Plan for Comprehensive Ballistic Missile Defense Radar Coverage of Guam.
SEC. 1648. Annual Briefing on Missile Defense of Guam.
SEC. 1649. Organization and Codification of Provisions of Law Relating to Missile Defense.
“PART VI— ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS
“Subpart A— Elements
“CHAPTER 551— MISSILE DEFENSE
“subchapter i— organization
“5501. National missile defense policy.
“5502. Missile defense agency.
“subchapter ii— budget and acquisition matters
“5511. Ballistic missile defense programs: program elements.
“5512. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation.
“5513. Unfunded priorities of the missile defense agency: annual report.
“5514. Acquisition accountability on the missile defense system.
“5515. Missile defense and defeat programs: major force program and budget assessment.
“subchapter iii— missile defense capabilities
“5531. Technical authority for integrated air and missile defense activities and programs.
“5532. Hypersonic defense capability development.
“5533. Required testing of ground-based midcourse defense element of ballistic missile defense system.
“5534. Integration and interoperability of air and missile defense capabilities.
“5535. Development of requirements to support integrated air and missile defense capabilities.
“5536. Testing and assessment of missile defense systems prior to production and deployment.
“5537. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites.
“subchapter iv— missile defense information
“5551. Prohibitions relating to missile defense information and systems.
“5552. Biannual briefing on missile defense and related activities.
“5553. Provision of information on flight testing of ground-based midcourse national missile defense system.
“SUBCHAPTER I— ORGANIZATION
“§ 5501. National missile defense policy
“It is the policy of the United States—
“(1) to research, develop, test, procure, deploy, and sustain, with funding subject to the annual authorization of appropriations for National Missile Defense, systems that provide effective, layered missile defense capabilities to defeat increasingly complex missile threats in all phases of flight; and
“(2) to rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States.
“§ 5502. Missile defense agency
“(a) Appointment of Director.—The Director of the Missile Defense Agency shall be a general or flag officer appointed for a six-year term.
“(b) Deputy Director.—
(1) There is a Deputy Director of the Missile Defense Agency, who shall be appointed by the Secretary of Defense from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force, or from among the flag officers on active duty in the Navy. In selecting an individual to serve as the Deputy Director, the Secretary of Defense shall select an individual who serves in a different armed force than the armed force in which the Director serves.
“(2) The Deputy Director shall be appointed for a term of not fewer than two, and not more than four years.
“(3) The Deputy Director shall be under the authority, direction, and control of the Director of the Missile Defense Agency.
“(4) The Deputy Director shall—
“(A) carry out such responsibilities as may be assigned by the Director; and
“(B) serve as acting director during periods of absence by the Director, or at such times as the office of the Director is vacant.
“(c) Notification of Changes to Non-standard Acquisition and Requirements Processes and Responsibilities.—
(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes—
“(A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and
“(B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph.
“(2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall—
“(A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes;
“(B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A);
“(C) submit to the congressional defense committees a report that contains—
“(i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes;
“(ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and
“(iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and
“(D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii).
“(3) In this subsection, the term ‘non-standard acquisition and requirements processes and responsibilities’ means the processes and responsibilities described in—
“(A) the memorandum of the Secretary of Defense titled ‘Missile Defense Program Direction’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection;
“(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and
“(C) United States Strategic Command Instruction 538–3 titled ‘MD Warfighter Involvement Process’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.
“SUBCHAPTER II— BUDGET AND ACQUISITION MATTERS
“§ 5511. Ballistic missile defense programs: program elements
“(a) Program Elements Specified by President.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify.
“(b) Separate Program Elements for Programs Entering Engineering and Manufacturing Development.—
(1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element.
“(2) In this subsection, the term ‘engineering and manufacturing development’ means the period in the course of an acquisition program during which the primary objectives are to—
“(A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design;
“(B) validate the manufacturing or production process; and
“(C) demonstrate system capabilities through testing.
“(c) Management and Support.—The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.
“§ 5512. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation
“(a) Requirement.—Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the integration of a ballistic missile defense element into the overall ballistic missile defense architecture shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency.
“(b) Transfer Criteria.—
(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:
“(A) The technical maturity of the program.
“(B) The availability of facilities for production.
“(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
“(2) The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees.
“(c) Notification of Transfer.—Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretary’s intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice.
“(d) Conforming Budget and Planning Transfers.—When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.
“(e) Follow-on Research, Development, Test, and Evaluation.—The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.
“§ 5513. Unfunded priorities of the missile defense agency: annual report
“(a) Reports.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.
“(b) Elements.—
“(1) In general.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
“(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
“(C) Account information with respect to such priority, including the following (as applicable):
“(i) Line Item Number (LIN) for applicable procurement accounts.
“(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
“(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
“(2) Prioritization of priorities.—Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
“(c) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—
“(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;
“(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
“(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.
“§ 5514. Acquisition accountability on the missile defense system
“(a) Baselines Required.—
(1) In accordance with paragraph (2), the Director of the Missile Defense Agency shall establish and maintain an acquisition baseline for—
“(A) each program element of the missile defense system, as specified in section 223 of this title; and
“(B) each designated major subprogram of such program elements.
“(2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters—
“(A) engineering and manufacturing development (or its equivalent); and
“(B) production and deployment.
“(3) Except as provided by subsection (c), the Director may not adjust or revise an acquisition baseline established under this section.
“(b) Elements of Baselines.—Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following:
“(1) A comprehensive schedule, including—
“(A) research and development milestones;
“(B) acquisition milestones, including design reviews and key decision points;
“(C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests;
“(D) delivery and fielding schedules;
“(E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and
“(F) planned contract award dates.
“(2) A detailed technical description of—
“(A) the capability to be developed, including hardware and software;
“(B) system requirements, including performance requirements;
“(C) how the proposed capability satisfies a capability requirement or performance attribute identified through—
“(i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538–03, or such successor document; or
“(ii) processes and products approved by the Joint Chiefs of Staff or Joint Requirements Oversight Council;
“(D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and
“(E) how the Director plans to improve the capability over time.
“(3) A cost estimate, including—
“(A) a life-cycle cost estimate that separately identifies the costs regarding research and development, procurement, military construction, operations and sustainment, and disposal;
“(B) program acquisition unit costs for the program element;
“(C) average procurement unit costs and program acquisition costs for the program element;
“(D) an identification of when the document regarding the program joint cost analysis requirements description is scheduled to be approved; and
“(E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability.
“(4) A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan.
“(c) Exception to Limitation on Revision.—The Director may adjust or revise an acquisition baseline established under this section if the Director submits to the congressional defense committees notification of—
“(1) a justification for such adjustment or revision;
“(2) the specific adjustments or revisions made to the acquisition baseline, including to the elements described in subsection (b); and
“(3) the effective date of the adjusted or revised acquisition baseline.
“(d) Operations and Sustainment Cost Estimates.—The Director shall ensure that each life-cycle cost estimate included in an acquisition baseline pursuant to subsection (b)(3)(A) includes—
“(1) all of the operations and sustainment costs for which the Director is responsible;
“(2) a description of the operations and sustainment functions and costs for which a military department is responsible;
“(3) the amount of operations and sustainment costs (dollar value and base year) for which the military department or other element of the Department of Defense is responsible; and
“(4)
(A) a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other element of the Department of Defense is responsible;
“(B) the date the source was prepared; and
“(C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation.
“§ 5515. Missile defense and defeat programs: major force program and budget assessment
“(a) Establishment of Major Force Program.—The Secretary of Defense shall establish a unified major force program for missile defense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the requirements of the Department of Defense and national security.
“(b) Budget Assessment.—
(1) The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2030 a report on the budget for missile defense and defeat programs of the Department of Defense.
“(2) Each report on the budget for missile defense and defeat programs of the Department under paragraph (1) shall include the following:
“(A) An overview of the budget, including—
“(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and
“(ii) the specific identification, as a budgetary line item, for the funding under such programs.
“(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
“(C) Any additional matters the Secretary determines appropriate.
“(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(c) Definitions.—In this section:
“(1) The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
“(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
“(3) The term ‘missile defense and defeat programs’ means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.
“SUBCHAPTER III— MISSILE DEFENSE CAPABILITIES
“§ 5531. Technical authority for integrated air and missile defense activities and programs
“(a) In General.—The Director of the Missile Defense Agency is the technical authority of the Department of Defense for integrated air and missile defense activities and programs, including joint engineering and integration efforts for such activities and programs, including with respect to defining and controlling the interfaces of such activities and programs and the allocation of technical requirements for such activities and programs.
“(b) Detailees.—
(1) In carrying out the technical authority under paragraph (1), the Director may seek to have staff detailed to the Missile Defense Agency from the Joint Functional Component Command for Integrated Missile Defense and the Joint Integrated Air and Missile Defense Organization in a number the Director determines necessary in accordance with subparagraph (B).
“(2) In detailing staff under subparagraph (A) to carry out the technical authority under paragraph (1), the total number of staff, including detailees, of the Missile Defense Agency who carry out such authority may not exceed the number that is twice the number of such staff carrying out such authority as of January 1, 2016.
“§ 5532. Hypersonic defense capability development
“(a) Executive Agent.—The Director of the Missile Defense Agency shall serve as the executive agent for the Department of Defense for the development of a capability by the United States to counter hypersonic boost-glide vehicle capabilities and conventional prompt strike capabilities that may be employed against the United States, the allies of the United States, and the deployed forces of the United States.
“(b) Duties.—In carrying out subsection (a), the Director shall—
“(1) develop architectures for a hypersonic defense capability, from detecting threats to intercepting such threats, that—
“(A) involves systems of the military departments and the Defense Agencies; and
“(B) includes both kinetic and nonkinetic options for such interception; and
“(2) not later than September 30, 2017, establish a program of record to develop a hypersonic defense capability.
“§ 5533. Required testing of ground-based midcourse defense element of ballistic missile defense system
“(a) Testing Required.—Except as provided in subsection (c), not less frequently than once each fiscal year, the Director of the Missile Defense Agency shall administer a flight test of the ground-based midcourse defense element of the ballistic missile defense system. Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.
“(b) Requirements.—The Director shall ensure that each test carried out under subsection (a) provides for one or more of the following:
“(1) The validation of technical improvements made to increase system performance and reliability.
“(2) The evaluation of the operational effectiveness of the ground-based midcourse defense element of the ballistic missile defense system.
“(3) The use of threat-representative targets and critical engagement conditions, including the use of threat-representative countermeasures.
“(4) The evaluation of new configurations of interceptors before they are fielded.
“(5) The satisfaction of the ‘fly before buy’ acquisition approach for new interceptor components or software.
“(6) The evaluation of the interoperability of the ground-based midcourse defense element with other elements of the ballistic missile defense systems.
“(c) Exceptions.—The Director may forgo a test under subsection (a) in a fiscal year under one or more of the following conditions:
“(1) Such a test would jeopardize national security.
“(2) Insufficient time considerations between post-test analysis and subsequent pre-test design.
“(3) Insufficient funding.
“(4) An interceptor is unavailable.
“(5) A target is unavailable or is insufficiently representative of threats.
“(6) The test range or necessary test assets are unavailable.
“(7) Inclement weather.
“(8) Any other condition the Director considers appropriate.
“(d) Certification.—Not later than 45 days after forgoing a test for a condition or conditions under subsection (c)(8), the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a certification setting forth the condition or conditions that caused the test to be forgone under such subsection.
“(e) Report.—Not later than 45 days after forgoing a test for any condition specified in subsection (c), the Director shall submit to the congressional defense committees a report setting forth the rationale for forgoing the test and a plan to restore an intercept flight test in the Integrated Master Test Plan of the Missile Defense Agency. In the case of a test forgone for a condition or conditions under subsection (c)(8), the report required by this subsection is in addition to the certification required by subsection (d).
“§ 5534. Integration and interoperability of air and missile defense capabilities
“(a) Interoperability of Missile Defense Systems.—The Vice Chairman of the Joint Chiefs of Staff and the chairman of the Missile Defense Executive Board (pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), acting through the Missile Defense Executive Board, shall ensure the interoperability and integration of the covered air and missile defense capabilities of the United States, including by carrying out operational testing.
“(b) Annual Demonstration.—
(1) Except as provided by paragraph (2), the Director of the Missile Defense Agency and the Secretary of the Army shall jointly ensure that not less than one intercept or flight test is carried out each year that demonstrates interoperability and integration among the covered air and missile defense capabilities of the United States.
“(2) The Director and the Secretary may waive the requirement in paragraph (1) with respect to an intercept or flight test carried out during the year covered by the waiver if the chairman of the Missile Defense Executive Board—
“(A) determines that such waiver is necessary for such year; and
“(B) submits to the congressional defense committees notification of such waiver, including an explanation for how such waiver will not negatively affect demonstrating the interoperability and integration among the covered air and missile defense capabilities of the United States.
“(c) Definition of Covered Air and Missile Defense Capabilities.—In this section, the term ‘covered air and missile defense capabilities’ means Patriot air and missile defense batteries and associated interceptors and systems, Aegis ships and associated ballistic missile interceptors (including Aegis Ashore capability), AN/TPY–2 radars, or terminal high altitude area defense batteries and interceptors.
“§ 5535. Development of requirements to support integrated air and missile defense capabilities
“(a) In General.—Consistent with the memorandum of the Chairman of the Joint Chiefs of Staff of January 27, 2014, regarding joint integrated air and missile defense, the Vice Chairman of the Joint Chiefs of Staff shall oversee the development of warfighter requirements for persistent and survivable capabilities to detect, identify, determine the status, track, and support engagement of strategically important mobile or relocatable assets in all phases of conflict in order to achieve the objective of preventing the effective employment of such assets, including through offensive actions against such assets prior to their use.
“(b) Purpose of Requirements.—The requirements developed pursuant to subsection (a) shall be used and updated, as appropriate, for the purpose of informing applicable acquisition programs and systems-of-systems architecture planning that are funded through the Military Intelligence Program, the National Intelligence Program, and non-intelligence programs.
“(c) Supporting Activities.—The Vice Chairman shall also oversee the development of the enabling framework for intelligence support for integrated air and missile defense, including concepts for the integrated operation of multiple systems, and, as appropriate, the development of requirements for capabilities to be acquired to achieve such integrated operations.
“§ 5536. Testing and assessment of missile defense systems prior to production and deployment
“(a) Successful Testing Required Prior to Final Production or Operational Deployment.—The Secretary of Defense may not make a final production decision for, or operationally deploy, a covered system unless—
“(1) the Secretary ensures that—
“(A) sufficient and operationally realistic testing of the covered system is conducted to assess the performance of the covered system in order to inform a final production decision or an operational deployment decision; and
“(B) the results of such testing have demonstrated a high probability that the covered system—
“(i) will work in an operationally effective manner; and
“(ii) has the ability to accomplish the intended mission of the covered system; and
“(2) the Director of Operational Test and Evaluation has carried out subsection (b) with respect to such covered system.
“(b) Assessment by Director of Operational Test and Evaluation.—The Director of Operational Test and Evaluation shall—
“(1) provide to the Secretary the assessment of the Director, based on the available test data, of the sufficiency, adequacy, and results of the testing of each covered system, including an assessment of whether the covered system will be sufficiently effective, suitable, and survivable when needed; and
“(2) submit to the congressional defense committees a written summary of such assessment.
“(c) Rule of Construction.—Nothing in this section shall be construed to alter, modify, or otherwise affect a determination of the Secretary with respect to the participation of the Missile Defense Agency in the Joint Capabilities Integration Development System or the acquisition reporting process under the Department of Defense Directive 5000 series, or to diminish the authority of the Secretary of Defense to deploy a missile defense system at the date on which the Secretary determines appropriate.
“(d) Covered System.—In this section, the term ‘covered system’ means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system.
“§ 5537. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites
“(a) Production of Satellites and Ground Systems.—The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites.
“(b) Prototype Satellites.—
(1) The Director, with the concurrence of the Space Acquisition Council established by section 9021 of this title, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency.
“(2) Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under paragraph (1), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence.
“(3) The Director may not obligate funds for the production of a prototype satellite under paragraph (1) before the date on which the Space Acquisition Council submits the report for such prototype satellite under paragraph (2).
“SUBCHAPTER IV— MISSILE DEFENSE INFORMATION
“§ 5551. Prohibitions relating to missile defense information and systems
“(a) Certain ‘Hit-to-kill’ Technology and Telemetry Data.—None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with ‘hit-to-kill’ technology and telemetry data for missile defense interceptors or target vehicles.
“(b) Other Sensitive Missile Defense Information.—None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with—
“(1) information relating to velocity at burnout of missile defense interceptors or targets of the United States; or
“(2) classified or otherwise controlled missile defense information.
“(c) Exception.—The prohibitions in subsections (a) and (b) shall not apply to the United States providing to the Russian Federation information regarding ballistic missile early warning.
“(d) Integration.—None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be obligated or expended to integrate a missile defense system of the Russian Federation or a missile defense system of the People’s Republic of China into any missile defense system of the United States.
“§ 5552. Biannual briefing on missile defense and related activities
“(a) In General.—On or about June 1 and December 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relating to missile defense policies, operations, technology development, and other similar topics as requested by such committees.
“(b) Officials Specified.—The officials specified in this subsection are the following:
“(1) The Assistant Secretary of Defense for Acquisition.
“(2) The Assistant Secretary of Defense for Space Policy.
“(3) The Director of the Missile Defense Agency.
“(4) The Director for Strategy, Plans, and Policy of the Joint Staff.
“(c) Delegation.—An official specified in subsection (b) may delegate the authority to provide a briefing required by subsection (a) to a member of the Senior Executive Service who reports to the official.
“(d) Termination.—The requirement to provide a briefing under subsection (a) shall terminate on January 1, 2028.
“§ 5553. Provision of information on flight testing of ground-based midcourse national missile defense system
“(a) Information to Be Furnished to Congressional Committees.—The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the ground-based midcourse national missile defense system.
“(b) Content.—Information provided under subsection (a) on the results of a flight test shall include the following matters:
“(1) A thorough discussion of the content and objectives of the test.
“(2) For each such test objective, a statement regarding whether or not the objective was achieved.
“(3) For any such test objective not achieved—
“(A) a thorough discussion describing the reasons that the objective was not achieved; and
“(B) a discussion of any plans for future tests to achieve that objective.”
Subtitle E Other Matters
SEC. 1651. Cooperative Threat Reduction Funds.
SEC. 1652. Temporary Continuation of Requirement for Reports on Activities and Assistance under Department of Defense Cooperative Threat Reduction Program.
“(d) Termination Date.—The requirement to submit the report under subsection (a) shall terminate on January 1, 2030.”
SEC. 1653. Modification to Annual Assessment of Budget with Respect to Electromagnetic Spectrum Operations Capabilities.
“(3) The development of a capability for modeling and simulating multi-domain joint electromagnetic spectrum operations to—
“(A) assess the ability of the joint force to conduct such operations in support of the operational plans of the combatant commands; and
“(B) inform improvements to such operations.”
SEC. 1654. Modification of Milestone Decision Authority for Space-Based Ground and Airborne Moving Target Indication Systems.
“(1) In general.—The Secretary of the Air Force”
; and
“(2) Appointment of program executive officer.—The service acquisition executive for the Air Force for space systems and programs shall appoint a program executive officer, and designate an office, for the acquisition of space-based air and moving target indication systems.”
“(c) Initial Operational Capability.—Not later than May 31, 2025, the Chairman of the Joint Chiefs of Staff shall—
“(1) designate a date by which the space-based ground moving target indication system will achieve initial operational capability; and
“(2) notify the congressional defense committees of such date.”
SEC. 1655. Designation of a Senior Defense Official Responsible for Establishment of National Integrated Air and Missile Defense Architecture for the United States.
TITLE XVII Other Defense Matters
SEC. 1701. Technical and Conforming Amendments.
“19. Cyber and Information Operations Matters 391”;
“25. Electromagnetic Warfare 500”;
“327. Weapon Systems Development and Related Matters 4401”;
“363. Prohibition and Penalties 4651”; and
“367. Other Administrative Matters 4751”.
“2856. Military unaccompanied housing: standards.”.
“207. Budgeting and Appropriations 3131”;
“225. [Reserved] 3271”;
“243. Other Matters Relating to Awarding of Contracts 3341”;
“272. [Reserved] 3721”;
“subpart f— major systems, major defense acquisition programs, and weapon systems development
“321. General Matters 4201
“322. Major Systems and Major Defense Acquisition Programs Generally 4211
“323. Life-Cycle and Sustainment 4321
“324. Selected Acquisition Reports 4350
“325. Cost Growth-Unit Cost Reports (Nunn-McCurdy) 4371
“326. Weapon Systems Development And Related Matters 4401”;
“363. Prohibition and Penalties 4651”;
“367. Other Administrative Matters 4751”; and
“383. Development, Application, and Support of Dual-use Technologies 4831”.
“§ 4127. Defense Innovation Unit”
“2013. Voluntary Retirement for Length of Service 20601”.
“20405. Force shaping authority.”.
“(D) the Chief of Space Operations, with respect to matters concerning the Space Force.”
SEC. 1702. Modification of Humanitarian Assistance Authority.
“(c) Notice Before Provision of Assistance.—
“(1) If the Secretary of Defense uses the authority under subsection (a) to provide assistance for any program or activity in an amount in excess of $5,000,000, the Secretary shall provide to the congressional committees specified in subsection (g) notice in writing of the use of such authority in accordance with paragraph (2). Notice under this subsection shall include an identification of each of the following:
“(A) The amount, type, and purpose of assistance to be provided and the recipient of the assistance.
“(B) The goals and objectives of the assistance.
“(C) The number and role of any members of the Armed Forces involved in the provision of the assistance.
“(D) Any other information the Secretary determines is relevant.
“(2) Notice required under paragraph (1) shall be provided—
“(A) before the provision of assistance under subsection (a) using funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian assistance; or
“(B) not later than 48 hours after the provision of such assistance, if the Secretary determines that extraordinary circumstances that affect the national security interests of the United States exist.”
SEC. 1703. Display of United States Flag for Patriotic and Military Observances.
SEC. 1704. Exclusion of Oceanographic Research Vessels from Certain Sourcing Requirements.
SEC. 1705. Expanding Cooperative Research and Development Agreements to Partnerships with United States Territorial Governments.
“(h) Territorial Governments.—For the purposes of this section, the government of a territory of the United States shall be considered a non-Federal party.”
SEC. 1706. Use of Royalty Gas at Mcalester Army Ammunition Plant.
“(j) McAlester Army Ammunition Plant.—At the request of the Secretary of Defense, the Secretary shall—
“(1) take in-kind royalty gas from any lease on the McAlester Army Ammunition Plant in McAlester, Oklahoma; and
“(2) sell such royalty gas to the Department of Defense in accordance with subsection (h)(1), for use only at that plant, only for energy resilience purposes, and only to the extent necessary to meet the natural gas needs of that plant.”