“(e) The Secretary of the Navy shall ensure that—
“(1) the Navy maintains a minimum of 9 carrier air wings; and
“(2) for each such carrier air wing, the Navy maintains a dedicated and fully staffed headquarters.”
“(l)
(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2029, the Secretary of the Air Force may not—
“(A) retire more than 68 F–15E aircraft;
“(B) reduce funding for unit personnel or weapon system sustainment activities for retained F–15E aircraft in a manner that presumes future congressional authority to divest such aircraft; or
“(C) keep an F–15E aircraft (other than an aircraft identified for retirement under subparagraph (A)) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status).
“(2) The prohibition under paragraph (1) shall not apply to individual F–15E aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.”
“(E) for each F–15E aircraft that the Secretary plans to divest, a description of—
“(i) each upgrade and modification made to such aircraft, including—
“(I) the date of the upgrade or modification; and
“(II) the cost of such upgrade or modification in current year dollars; and
“(ii) the estimated remaining service-life (expressed as equivalent flight hours and years) of—
“(I) the aircraft; and
“(II) the onboard systems of the aircraft.”
“(c) Annual Updates.—Not later than October 1, 2024, and not later than October 1 of each year thereafter through 2029, the Secretary of the Air Force shall—
“(1) update the report required under subsection (b); and
“(2) submit the updated report to the congressional defense committees.”
“(m)
(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not—
“(A) retire an RQ–4 aircraft;
“(B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft;
“(C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status); or
“(D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft.
“(2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.”
“(9) A schedule risk assessment, conducted by the Secretary of the Air Force at the 80 percent confidence level, that includes risks associated with the overlap of the development, testing, and production phases of the program and risks related to contractor management.
“(10) A plan for determining the conditions under which the Secretary of the Air Force may accept production work on the T–7A Advanced Pilot Training System that was completed by the contractor for the program in anticipation of the Air Force ordering additional systems, but which was not subject to typical production oversight because there was no contract for the procurement of such additional systems in effect when such work was performed.”
“(b) Exceptions.—The prohibition under subsection (a) shall not apply—
“(1) to a bomb wing for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft; or
“(2) so as to prohibit the retirement of the individual B–1 aircraft designated 85–0089, which has been determined by Secretary of the Air Force to be no longer mission capable and uneconomical to repair due to damage sustained on April 20, 2022.”
; and
Ҥ 233a. Annual report on force structure changes exhibit for the defense budget
“(a) Annual Report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on any major weapon systems proposed to be divested, re-prioritized, or retired in such budget.
“(b) Contents.—Each report under subsection (a) shall include the following:
“(1) Identification of each major weapon system the Secretary of Defense proposes to divest, re-prioritize, or retire in the period of five fiscal years following the date of the report.
“(2) Budget line-item details related to each major weapon system identified under paragraph (1).
“(3) For each proposed divestment, re-prioritization, or retirement, an explanation of—
“(A) the timeline for the divestment, re-prioritization, or retirement, including any factors that may affect such timelines positively or negatively;
“(B) any cost savings associated with the divestment, re-prioritization, or retirement;
“(C) the rationale for the divestment, re-prioritization, or retirement, including a qualitative description of the risk associated with the divestment, re-prioritization, or retirement based on the most recent National Defense Strategy (as of the date of the report);
“(D) any critical dependencies with other program efforts that might affect the timeline for such divestment, reprioritization, or retirement;
“(E) the expected disposition of the weapon system after divestment, re-prioritization or retirement; and
“(F) identification of the system or systems that are expected to satisfy the military requirements that were fulfilled by the weapon system once the divestment, re-prioritization, or retirement of that weapon system is completed.
“(c) Relationship to Other Reports.—The Secretary of Defense shall ensure that the report required under subsection (a) is deconflicted with the report required under section 222e of this title.
“(d) Major Weapon System Defined.—In this section, the term ‘major weapon system’ has the meaning given that term in section 3455(f) of this title.”
Ҥ 222e. Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report
“(a) Annual Report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense related to activities for which the Under Secretary of Defense for Research and Engineering has authority.
“(b) Elements.—
“(1) In general.—Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
“(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
“(C) Account information with respect to such priority, including the following (as applicable):
“(i) Line Item Number (LIN) for applicable procurement accounts.
“(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
“(2) Prioritization of priorities.—The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
“(c) Exclusion of Priorities Covered in Other Reports.—The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under—
“(1) section 222a or 222b of this title; or
“(2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note).
“(d) Form of Report.—Each report submitted under subsection (a) shall be submitted in classified form, but may include an unclassified summary as the Secretary considers appropriate.
“(e) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement, that—
“(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and
“(2) would have been recommended for funding through that budget if—
“(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
“(B) the program, activity, or mission requirement has emerged since the budget was formulated.”
“(2) The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering.”
“(4) during any fiscal year—
“(A) pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5; and
“(B) pay up to 15 individuals previously appointed pursuant to such paragraph, upon separation, the travel, transportation, and relocation expenses and services described under such sections (as applicable).”
“(A) assists”
“(B) facilitates technology transfer from industry or academic institutions to a Center; or
“(C) assists and facilitates workforce development in critical technology areas for technology transition activities to fulfill unmet needs of a Center.”
Ҥ 8029. Naval Air Warfare Rapid Capabilities Office
“(a) Establishment.—There is established within the Department of the Navy an office to be known as the Naval Air Warfare Rapid Capabilities Office (in this section referred to as the ‘Office’).
“(b) Head of Office.—The head of the Office shall be the designee of the Commander of the Naval Air Systems Command.
“(c) Mission.—The mission of the Office shall be—
“(1) to fulfill naval and joint military operational requirements by supporting the identification and rapid development of—
“(A) new naval aviation weapons and airborne electronic warfare capabilities;
“(B) innovative applications for existing naval aviation weapons and airborne electronic warfare capabilities; and
“(C) other innovative solutions to enhance the effectiveness of naval aviation weapons and airborne electronic warfare capabilities; and
“(2) to contribute to the rapid experimentation, development, testing, and fielding of unclassified and classified naval aviation weapons and airborne electronic warfare capabilities.
“(d) Acquisition Authorities.—
“(1) In general.—To procure goods or services for the Office, the senior contracting official (as defined in section 1737 of this title) and any members of the acquisition workforce for the Department of the Navy may use—
“(A) any applicable pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ‘Operation of the Adaptive Acquisition Framework’); and
“(B) any other alternative acquisition pathway that allows for accelerated or flexible methods of contracting.
“(2) Inapplicability of jcids.—The Joint Capabilities Integration and Development System process shall not apply to procurements described in paragraph (1).
“(e) Required Program Elements.—The Secretary of the Navy shall ensure, within budget program elements for naval air warfare programs, that—
“(1) there are separate, dedicated program elements for naval air warfare rapid capabilities; and
“(2) the Office executes the responsibilities of the Office using such program elements.
“(f) Executive Oversight Board.—
“(1) In general.—There is an executive oversight board for the Office which shall consist of the officials specified in paragraph (2). The executive oversight board shall provide prioritization, oversight, and approval of projects of the Office.
“(2) Officials specified.—The officials specified in this paragraph are the following:
“(A) The Vice Chief of Naval Operations.
“(B) The Assistant Commandant of the Marine Corps.
“(C) The Assistant Secretary of the Navy for Research, Development and Acquisition.
“(D) The Commander of the Naval Air Systems Command.
“(g) Annual Reports and Briefings.—
“(1) Report.—On an annual basis, the head of the Office shall submit to the executive oversight board described in subsection (f) a report on the activities of the Office.
“(2) Briefing.—On an annual basis following the submittal of the report under paragraph (1), the Assistant Secretary of the Navy for Research, Development and Acquisition shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Office.
“(3) Elements.—Each report under paragraph (1) and briefing under paragraph (2) shall include, with respect to the year preceding the date of the report or briefing (as applicable), a description of—
“(A) funding allocations for the projects of the Office;
“(B) capability gaps addressed by the Office;
“(C) the progress of the Office in experimenting, developing, testing, and fielding capabilities described in subsection (c); and
“(D) any barriers to the ability of the Office to carry out its mission, including any legislative or regulatory barriers.”
“(4) Biennial updates.—
“(A) In general.—Not less frequently than once every two years after the submittal of the initial strategy under paragraph (1), the Secretary of Defense shall—
“(i) revise and update the strategy; and
“(ii) submit the revised and updated strategy to the appropriate congressional committees.
“(B) Sunset.—The requirement to prepare and submit updates under this paragraph shall terminate on December 31, 2030.”
“(f) Fellowships.—
“(1) Program authorized.—In carrying out the program under subsection (a) and subject to the availability of appropriations to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or postgraduate degree.
“(2) Equal access.—In carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically disadvantaged students have equal access to fellowship opportunities under such program.
“(g) Multidisciplinary Partnerships With Universities.—In carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study.”
Ҥ 148. Joint Energetics Transition Office
“(a) In General.—The Secretary of Defense shall establish a Joint Energetics Transition Office (in this section referred to as the ‘Office’) within the Department of Defense. The Office shall carry out the activities described in subsection (c) and shall have such other responsibilities relating to energetic materials as the Secretary shall specify.
“(b) Leadership and Administration.—
“(1) The Under Secretary of Defense for Acquisition and Sustainment shall designate an individual to serve as the head of the Office. The Under Secretary shall select such individual from among officials of the Department of Defense serving in organizations under the jurisdiction of the Under Secretary at the time of such designation. The head of the Office shall—
“(A) report directly to the Under Secretary of Defense for Acquisition and Sustainment; and
“(B) coordinate, as appropriate, with the Under Secretary of Defense for Research and Engineering.
“(2) The Under Secretary of Defense for Research and Engineering shall designate an individual to serve as the deputy head of the Office. The Under Secretary shall select such individual from among officials of the Department of Defense serving in organizations under the jurisdiction of the Under Secretary at the time of such designation. The deputy head of the Office shall report directly to the head of the Office and to the Under Secretary of Defense for Research and Engineering.
“(3) The head of the Office and deputy head of the Office shall be responsible for the overall management and operation of the Office. The Under Secretaries shall ensure that the head and deputy head of the Office are not assigned outside duties that would diminish their ability to effectively manage and operate the Office.
“(c) Responsibilities.—The Office shall do the following:
“(1) Develop and periodically update an energetic materials strategic plan and investment strategy to guide investments in both new and legacy energetic materials and technologies across the entire supply chain for the total life cycle of energetic materials, including raw materials, ingredients, propellants, pyrotechnics, and explosives for munitions, weapons, and propulsion systems. Such strategy and plan shall provide for—
“(A) developing or supporting the development of strategic plans for energetic materials and technologies, including associated performance metrics for the Office, over the periods covered by the future-years defense program required under section 221 of this title and the program objective memorandum process;
“(B) initiating special studies or analyses—
“(i) to determine targets that would be optimally addressed or defeated by weapons that incorporate novel energetic materials; and
“(ii) to inform the program objective memorandum process; and
“(C) identifying any shortfalls in the supply chain for energetic materials and developing plans to alleviate any shortfalls through the expansion of the energetic materials industrial base to include critical contractors, subcontractors, and suppliers.
“(2) Coordinate and ensure consistency and congruity among research, development, test, and evaluation efforts in energetic materials across the Department of Defense—
“(A) to identify promising new energetic materials and technologies;
“(B) to mature, integrate, prototype, test, and demonstrate novel energetic materials and technologies, including new materials and manufacturing technologies;
“(C) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into weapons platforms;
“(D) to identify or establish prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of energetic materials; and
“(E) to support collaboration among industry, academia, and elements of the Department of Defense to transition energetic materials and technologies from the research and development phase to production and operational use within the Department.
“(3) Oversee a process to expedite—
“(A) the validation, verification, and accreditation of modeling and simulation of energetic materials for the development of requirements; and
“(B) the qualification process for energetic materials, from discovery through transition to production and integration into weapon systems.
“(4) Recommend changes to laws, regulations, and policies that present barriers or extend timelines for the expedited process described in paragraph (3).
“(5) Coordinate with other organizations involved in energetic materials activities within the Department of Defense, including the Armed Forces, and across other departments and agencies of the Federal Government.
“(6) Pursuant to the authority provided under section 191 of this title, establish and manage a Department of Defense Field Activity dedicated to systems engineering associated with energetic materials. Such Field Activity shall be funded under budget activity 3 (advanced technology development) or budget activity 4 (advanced component development and prototypes) (as such budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14-R)) to reduce technical risk, integrate research, development, test, and evaluation, and perform system demonstration programs of the Department of Defense on novel energetic materials for use in weapon systems.
“(7) Carry out such other responsibilities relating to energetic materials as the Secretary shall specify.
“(d) Additional Requirements.—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).
“(e) Definitions.—In this section, the term ‘energetic materials’ means critical chemicals and formulations that—
“(1) release large amounts of stored chemical energy; and
“(2) are capable of being used as explosives, propellants, pyrotechnics, and reactive materials that—
“(A) create lethal effects in warheads in kinetic weapons components and systems; or
“(B) increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed.”
“(c) Coordination of Activities.—In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace.”
“(f) Rule of Construction.—Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.”
; and
“(B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation.”
“(A) the owner or operator of the facility; or
“(B) whether the facility is under the jurisdiction of the Department of Defense or a military department.”
“(A) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; or
“(B) is a service described in paragraph (3).”
; and
“(3) A service described in this paragraph is a service to improve public participation in, or assist in the navigation of, environmental restoration activities at an installation by the community concerned or an individual member of such community, including with respect to the following:
“(A) The interpretation of site-related documents, including documents concerning the nature of a release or threatened release at the installation, monitoring, testing plans, and reports associated with site assessment and characterization at the installation.
“(B) The interpretation of health-related information.
“(C) The interpretation of documents, plans, proposed actions, and final decisions relating to—
“(i) an interim remedial action;
“(ii) a remedial investigation or feasibility study;
“(iii) a record of decision;
“(iv) a remedial design;
“(v) the selection and construction of remedial action;
“(vi) operation and maintenance;
“(vii) a five-year review at the installation; or
“(viii) a removal action at the installation.
“(D) Assistance with the preparation of public comments.
“(E) The development of outreach materials to improve public participation.
“(F) The provision of advice and guidance regarding additional technical assistance for which the community or individual, as the case may be, may be eligible.
“(4) In this subsection, the term ‘covered source’ means a private sector source, a Federal department or agency other than the Department of Defense (pursuant to a Federal interagency agreement), or a nonprofit entity (pursuant to a cooperative agreement entered into with such entity).”
“(c) Authority to Coordinate.—
(1) In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities proposed to be undertaken under such agreement.
“(2) In this subsection, the term ‘covered official’ means a Secretary concerned, the Director of the Army National Guard, or the Director of the Air National Guard.”
; and
“(2) Waiver of fuel efficiency key performance parameter.—
“(A) In general.—The fuel efficiency key performance parameter implemented pursuant to paragraph (1) may be waived with respect to a system only if—
“(i) such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment; and
“(ii) the system is a fuel consuming system that the Under Secretary of Defense for Acquisition and Sustainment determines requires, or is likely to require, sustainment on at least an occasional basis.
“(B) Nondelegation.—The authority to approve a waiver under subparagraph (A) may not be delegated.”
“(C) Hydrogen creation, storage, and power generation technologies using natural gas or renewable electricity.”
Ҥ 2716. Budget justification document for funding relating to perfluoroalkyl substances and polyfluoroalkyl substances
“The Secretary of Defense shall submit to Congress, concurrent with the submission to Congress of the budget of the President for each fiscal year pursuant to section 1105(a) of title 31, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances or polyfluoroalkyl substances, including funding for and descriptions of—
“(1) research and development efforts;
“(2) testing;
“(3) remediation;
“(4) contaminant disposal; and
“(5) community outreach.”
“(iv) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,000,000 during fiscal year 2024 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.”
“(3) Technology for the thermal destruction of perfluoroalkyl substances or polyfluoroalkyl substances.”
; and
“(c) Treatment of Certain Materials.—Notwithstanding subsection (a), until the date on which the Secretary adopts the final rule pursuant to subsection (b), the Secretary may treat covered materials, including soils that have been contaminated with PFAS, through the use of any remediation or disposal technology that is approved by the Administrator of the Environmental Protection Agency.”
; and
“(2) Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program (as established pursuant to this section) may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and military construction to restore an area after a natural disaster.”
“(D) A senior official of the Defense Logistics Agency, who shall be appointed by the Director of the Defense Logistics Agency to represent the Defense Logistics Agency.
“(E) An official of the Office of the Under Secretary of Defense for Research and Engineering, who shall be nominated by the Secretary of Defense and confirmed by the Senate to represent such Office.
“(F) The Assistant Secretary of Defense for Acquisition, who shall represent the Office of the Under Secretary of Defense for Acquisition.
“(G) The Assistant Secretary of Defense for Sustainment, who shall represent the Office of the Assistant Secretary of Defense for Sustainment.”
“(6) The working group under paragraph (1) shall meet not less frequently than quarterly.
“(7)
(A) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of the following:
“(i) The topics addressed in the meetings of the working group during the preceding year.
“(ii) The priorities of the working group for the following year (including with respect to any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities) in support of the operational plans of the Department of Defense.
“(iii) Any steps taken by the working group, as of the date of the submission, to address any identified shortfalls in budget or capabilities.
“(B) Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.”
“(D) A risk analysis of how the schedule for such project affects the availability schedule for submarines and aircraft carriers, including the following:
“(i) A timeline for the completion of such project, including construction dates and dates of planned maintenance at each shipyard under such project.
“(ii) Contingency maintenance plans if such project is delayed, including any backup location for maintenance availabilities determined by the Chief Naval Officer and any resulting alteration in plans or schedules for maintenance.
“(iii) The effect on public shipyards should a delay to such project result in the implementation of a contingency plan pursuant to clause (ii), including the effect on the workforce and workload capacity at the public shipyard with respect to which such project is conducted.
“(iv) A cost-benefit analysis of the potential for private shipyards to assist with such workload should such project be delayed, including an identification of any gaps in the capability of private shipyards to conduct the maintenance described in clause (ii).
“(v) An assessment of whether greater flexibilities in authorities are necessary to better support fleet maintenance needs and the Shipyard Infrastructure Optimization Program.”
“(1) applies a material end of period exclusion; and
“(2) excludes from the calculated carryover amount the proceeds of any foreign military sale.”
“(C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph”
; and
“(B)
(i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of the geographic center of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2).
“(ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.”
“(2) The term ‘antenna structure project’—
“(A) means a project to construct a structure located within two nautical miles of the geographic center of any intercontinental ballistic missile launch facility or control center that—
“(i) is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and
“(ii) for which notification is required to be made to the Federal Aviation Administration pursuant to processes already established under this title; and
“(B) does not include—
“(i) any structure constructed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, including any such structure which is upgraded, repaired, or otherwise modified after such date of enactment as long as such upgrade, repair, or modification has not increased the height of such structure; or
“(ii) any project in support of or required by an intercontinental ballistic missile launch facility or control center, or any other such project that has been approved by the Secretary of Defense or the Secretary of Defense’s designee for use on the same military installation at which such facility or control center is located.
“(3) The term ‘intercontinental ballistic missile launch facility or control center’ means such facilities or control centers located at the Francis E. Warren Air Force Base; the Malmstrom Air Force Base, and the Minot Air Force Base, and their respective missile fields.”
“(7) Ensuring each military department has in place, for the safety management system and program described in paragraphs (5) and (6), respectively, of that military department—
“(A) a resolution plan that identifies specific corrective and preventative actions to address the causes of mishaps; and
“(B) an implementation plan for such system and program.”
“(11) Not later than one year after the initial identification of corrective and preventative actions by a military department pursuant to a resolution plan under paragraph (7)(A), and periodically thereafter, reviewing and validating each such identified corrective and preventative action to ensure the action is effective.
“(12) Ensuring any related change in methods, tactics, or procedures necessary for the conduct of such identified corrective and preventative actions have been implemented.”
“(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength;
“(B) vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and
“(C) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength.”
“(g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different armed force, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title.”
“(e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active-status list of the same or a different armed force, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.
“(f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active-status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active-status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.”
“(3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active-status promotion list pursuant to subsection (e) or (f) of section 624 of this title.”
Ҥ 602. Flexibility in determining terms of appointment for certain senior officer positions
“The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, or 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.”
“602. Flexibility in determining terms of appointment for certain senior officer positions.”.
“(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.”
“(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.”
“632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy.”.
“(C) in the case of an unrestricted officer designated within a cyberspace occupational specialty, the period of obligated service specified in the enlistment agreement of such officer.”
Ҥ 654. Minimum service requirement for certain cyberspace occupational specialties
“(a) Cyberspace Operations Officer.—The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be eight years.
“(b) Service Obligation Defined.—In this section, the term ‘service obligation’ means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.”
Ҥ 9023a. Legislative Liaison of the Space Force
“(a) Establishment.—There is a Legislative Liaison of the Space Force.
“(b) Functions.—The Legislative Liaison shall perform legislative affairs functions under the direction of the Chief of Space Operations.”
“(c) Grade.—
(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.
“(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”
“(B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.”
“CHAPTER 1413— ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
“15101. Officers in designated competitive categories.
“15102. Selection for promotion.
“15103. Eligibility for consideration for promotion.
“15104. Opportunities for consideration for promotion.
“15105. Promotions.
“15106. Failure of selection for promotion.
“15107. Retirement: retirement for years of service; selective early retirement.
“15108. Continuation on the Reserve Active-Status List.
“15109. Other administrative authorities.
“15110. Regulations.
Ҥ 15101. Officers in designated competitive categories
“(a) Authority to Designate Competitive Categories of Officers.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter.
“(b) Limitation on Exercise of Authority.—The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
“(1) A detailed description of officer requirements for officers within the competitive category.
“(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
“(3) An estimate of the size of the promotion zone for each grade within the competitive category.
“(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.
Ҥ 15102. Selection for promotion
“(a) In General.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title.
“(b) No Recommendation for Promotion of Officers Below Promotion Zone.—Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a).
“(c) Recommendation for Officers to Be Excluded From Future Consideration for Promotion.—In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.
Ҥ 15103. Eligibility for consideration for promotion
“(a) In General.—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.
“(b) Inapplicability of Certain Time-in-grade Requirements.—Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).
“(c) Inapplicability to Officers Above and Below Promotion Zone.—The following provisions of this title shall not apply to the promotion of officers described in subsection (a):
“(1) The reference in section 14301(b) to an officer above the promotion zone.
“(2) Section 14301(d).
“(d) Ineligibility of Certain Officers.—The following officers are not eligible for promotion under this chapter:
“(1) An officer described in section 14301(c) of this title.
“(2) An officer not included within the promotion zone.
“(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title.
“(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.
Ҥ 15104. Opportunities for consideration for promotion
“(a) Specification of Number of Opportunities for Consideration for Promotion.—In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
“(b) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.
“(c) Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
“(d) Limitation on Number of Opportunities Specified.—The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
“(e) Effect of Certain Reduction in Number of Opportunities Specified.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
Ҥ 15105. Promotions
“Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.
Ҥ 15106. Failure of selection for promotion
“(a) In General.—Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.
“(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(c) Special Selection Board Matters.—The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(d) Effect of Failure of Selection.—In the administration of this chapter pursuant to subsection (a)—
“(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and
“(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.
Ҥ 15107. Retirement: retirement for years of service; selective early retirement
“(a) Retirement for Years of Service.—Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.
“(b) Selective Early Retirement.—Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a).
Ҥ 15108. Continuation on the Reserve Active-Status List
“Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.
Ҥ 15109. Other administrative authorities
“(a) In General.—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter:
“(1) Section 14518, relating to continuation of officers to complete disciplinary action.
“(2) Section 14519, relating to deferment of retirement or separation for medical reasons.
“(3) Section 14704, relating to the selective early removal from the reserve active-status list.
“(4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.
Ҥ 15110. Regulations
“The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.”
“1413. Alternative promotion authority for officers in designated competitive categories 15101”.
Ҥ 510. Authorization for FireGuard Program
“The Secretary of Defense may use members of the National Guard to carry out a program to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the detection and monitoring of wildfires, and to support any emergency response to such wildfires. Such a program shall be known as the ‘FireGuard Program’.”
“510. Authorization for FireGuard Program.”.
“688a. Authority to order to active duty in high-demand, low-density assignments.”.
Ҥ 986. Policy regarding identification of gender or personal pronouns in official correspondence
“The Secretary of Defense may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.”
Ҥ 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments
“(a) In General.—Except as provided by subsection (b), a covered individual may not occupy a covered post-service position.
“(b) Temporary Waiver.—
“(1) In general.—The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if—
“(A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and
“(B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States.
“(2) Period of waiver.—A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver.
“(3) Revocation.—The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security.
“(4) Notification.—
“(A) In general.—Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be.
“(B) Elements.—A notification required by subparagraph (A) shall include the following:
“(i) With respect to a waiver issued to a covered individual—
“(I) the details of the application, including the position held by the individual in the armed forces;
“(II) the nature of the post-service position of the individual;
“(III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and
“(IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests.
“(ii) With respect to a revocation of a waiver issued to a covered individual—
“(I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and
“(II) the specific reasons why the Secretary determined that the revocation is warranted.
“(c) Certification of Prohibition.—In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces—
“(1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and
“(2) required to certify that the member understands the prohibition and those penalties.
“(d) Penalties.—In the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary may, as applicable—
“(1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and
“(2) revoke any security clearance of the individual.
“(e) Annual Reports.—
“(1) Requirement.—Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report.
“(2) Elements.—Each report required by paragraph (1) shall include the following:
“(A) The number of former covered individuals who occupy a covered post-service position, broken down by—
“(i) the name of the employer;
“(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and
“(iii) the nature of the services provided as part of the covered post-service employment.
“(B) An assessment by the Secretary of whether—
“(i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments;
“(ii) all covered individuals who occupy a covered post-service position are in compliance with this section;
“(iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and
“(iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law.
“(3) Form of report.—Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(f) Notifications of Determinations of Certain Threats.—
“(1) Requirement.—In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination.
“(2) Elements.—A notification required by paragraph (1) shall include the following:
“(A) The name of the covered individual.
“(B) The name of the employer.
“(C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.
“(D) As applicable, a description of the risk to national security and the activities that may violate Federal law.
“(g) Rule of Construction.—Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18.
“(h) Definitions.—In this section:
“(1) Covered individual.—The term ‘covered individual’ means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces.
“(2) Covered post-service employment.—The term ‘covered post-service employment’ means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to—
“(A) the government of—
“(i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or
“(ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or
“(B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A).
“(3) Covered post-service position.—The term ‘covered post-service position’ means a position of employment described in paragraph (2).”
“989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments.”.
“(f) Prohibition on Former Members of Armed Forces Accepting Employment With Certain Foreign Governments.—For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10.”
“(iii) may not provide financial services through any individual unless such individual agrees to submit financial disclosures annually to the Secretary.”
“(B) In carrying out the requirements of subparagraph (A), the Secretary concerned shall establish a requirement that each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under paragraph (2), submit financial disclosures annually to the Secretary.
“(C) The Secretary concerned shall review all financial disclosures submitted pursuant to subparagraph (B) to ensure the counselor, or the individual providing counseling, is free from conflict as required under this paragraph.
“(D) If the Secretary concerned determines that a financial services counselor under paragraph (2)(A)(i), or any other individual providing counseling on financial services under paragraph (2), is not free from conflict as required under this paragraph, the Secretary shall ensure that the counselor, or the individual providing counseling, does not provide such services until such time as the Secretary determines that such conflict is resolved.”
“(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.”
; and
“(B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award.
“(C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served.
“(D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.”
; and
“(3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website.”
“(5) Duration of protection.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection.”
; and
“(e) Reimbursement.—The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.”
“(2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).”
“(d) Special Trial Counsel Authority Over Certain Other Offenses.—
“(1) Offenses occurring before effective date.—A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
“(A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
“(B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.
“(C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
“(D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).
“(E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).
“(F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).
“(2) Effect of exercise of authority.—
“(A) Treatment as covered offense.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter.
“(B) Known or related offenses.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.”
“(b) Definitions.—In this section, the terms ‘dating partner’, ‘immediate family’, and ‘intimate partner’ have the meanings given such terms in section 930 of this title (article 130).”
“(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of—
“(A) the length of the relationship;
“(B) the type of relationship;
“(C) the frequency of interaction between the persons involved in the relationship; and
“(D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.”
“(4) Establishment of staggered terms.—Notwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on November 30, 2030, shall be appointed to terms as follows:
“(A) Three members designated by the Secretary of Defense shall serve a term of two years.
“(B) Three members designated by the Secretary of Defense shall serve a term of four years.
“(C) Three members designated by the Secretary of Defense shall serve a term of six years.
“(D) Four members designated by the Secretary of Defense shall serve a term of eight years.”
“(e) Term; Vacancies.—
“(1) Term.—Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term.
“(2) Vacancy.—Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor.
“(3) Availability of reappointment for certain members.—Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if—
“(A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or
“(B) the member was initially appointed—
“(i) to a term of four years or less in accordance with subsection (b)(4); or
“(ii) to fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less.”
“(g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court.”
“(c) Additional Requirements.—As part of the initiative under subsection (a), the Secretary of Defense shall carry out the following activities:
“(1) Annual report.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, an on an annual basis thereafter through 2029, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the initiative, which shall include a description of specific actions that have been taken, or that are planned to be taken, to detect, combat, and stop the use of the Department of Defense information technology network to further online child sexual exploitation.
“(2) Partnerships.—The Secretary shall seek to enter into partnerships and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate, and prosecute individuals engaged in online child sexual exploitation.
“(3) Mandatory training.—The Secretary shall establish mandatory training for criminal investigative organizations of the Department of Defense and other appropriate personnel at military installations to ensure that the capability and capacity to investigate child sexual exploitation is continuously maintained regardless of staff turnover and relocations.”
“(ii) shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and”
; and
“(6) The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3).”
“(2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority.”
“(i)
(1) The Secretary of Defense shall establish and support not fewer than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps.
“(2) The requirement under paragraph (1) shall not apply—
“(A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and
“(B) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.”
“(2) The Secretary of Defense shall prescribe in regulations a memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall be standardized to the extent practicable and include the following elements:
“(A) A requirement that an institution notify the Secretary of the military department concerned of allegations of misconduct (including sexual misconduct and harassment) against an instructor who is receiving retired or other pay, not later than 48 hours after such institution learns of such allegations.
“(B) A process by which the Secretary of the military department concerned certifies an instructor, including the conduct of appropriate background checks by such Secretary and the institution concerned.
“(C) A process by which the Secretary of the military department concerned shall conduct oversight of instructors certified by such Secretary, including a requirement that such certification shall expire after not more than five years.
“(D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate.
“(E) A requirement that each institution certifies it—
“(i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the public or private institution;
“(ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution;
“(iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment;
“(iv) agrees to report all allegations of violations described in this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Office of Civil Rights of the Department of Education not less often than annually;
“(v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and
“(vi) agrees to provide the data necessary to compile the report required under subsection (i).”
“(d)
(1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program—
“(A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment;
“(B) officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or
“(C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment.
“(2) Employment under this subsection shall be subject to the following conditions:
“(A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale amount paid to the member by the institution for any period.
“(B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)—
“(i) the institution is in an educationally and economically deprived area; and
“(ii) the Secretary determines that such action is in the national interest.
“(C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.
“(D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve.”
“(g) No unit may be established or maintained at an educational institution that is owned, operated, or controlled by a person that—
“(1) is the People’s Republic of China;
“(2) is a member of the Chinese Communist Party;
“(3) is a member of the People’s Liberation Army;
“(4) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company;
“(5) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury; or
“(6) is owned by or controlled by or is an agency or instrumentality of any person described in paragraphs (1) through (5).”
“(h)
(1) The Secretary of Defense may suspend or place on probation a unit of the Junior Reserve Officers’ Training Corps that fails to comply with the provisions of the memorandum of understanding required pursuant to subsection (b) or any other requirement of this section.
“(2) A unit may be placed on probation under paragraph (1) for a period of up to three years.
“(3) A unit may be suspended under paragraph (1) if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants.”
“(i)
(1) Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Officers’ Training Corps programs during the preceding year.
“(2) Each report required under paragraph (1) shall set forth the following:
“(A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated Junior Reserve Officers’ Training Corps programs, including—
“(i) the number of such reported allegations that were investigated;
“(ii) the outcome of those investigations; and
“(iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.
“(B) The number of reports that the Department of Defense or armed forces have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in Junior Reserve Officers’ Training Corps programs, including—
“(i) the offense involved;
“(ii) the armed force involved;
“(iii) the number of instructors and number of allegations each instructor received;
“(iv) the number of reports of sexual misconduct and harassment that have been investigated;
“(v) the number of reports or investigations that have led to the removal of an instructor from a Junior Reserve Officers’ Training Corps program; and
“(vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.
“(C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in Junior Reserve Officers’ Training Corps programs during the preceding year.
“(3) Each report required under paragraph (1) shall be submitted in unclassified form and may not be designated as controlled unclassified information.
“(4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the Junior Reserve Officers’ Training Corps programs, including an up-to-date report on the Secretary’s monitoring of such compliance.”
“(B) The Secretary of a military department shall carry out one or more programs under this subsection.”
“(3) To carry out this subsection, the Secretary concerned shall—
“(A) assign not fewer than two full-time equivalent positions; and
“(B) develop for each fiscal year a funding plan that includes funding lines across the future-years defense program under section 221 of this title.
“(4) For any program under this subsection, the Secretary concerned shall, on an annual basis—
“(A) circulate, to members serving on active duty under the jurisdiction of such Secretary concerned, information about the program (including eligibility requirements and the application process); and
“(B) conduct outreach to inform potential employers about Skillbridge, participating members, and how the program operates, and to increase the number of, and types of, employers that hire program participants.”
“(C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”
; and
“(D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”
“(C) as administrators and instructors of the Junior Reserve Officers’ Training Corps under section 2031(d) of this title.”
; and
“(e) Contract Authority.—The Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a).”
; and
“(4) An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027.”
; and
“(d) Non-medical Counseling Services.—
(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program.
“(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.
“(3) A non-medical mental health professional described in this subsection is a person who is—
“(A) a currently licensed mental health care provider who holds a license that is—
“(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and
“(ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services;
“(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and
“(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).
“(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection.
“(5) In this subsection, the term ‘non-medical counseling services’ means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.”
“(2) Briefings on implementation.—Beginning on January 31, 2024, until the termination of the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a biannual briefing on the implementation of the pilot program. Each such briefing shall include the following:
“(A) The process for selecting child development centers under subsection (b).
“(B) How a special needs inclusion coordinator hired under the pilot program coordinates with the head of the child development center concerned and the commander of the military installation concerned.
“(C) How many special needs inclusion coordinators have been hired under the pilot program.”
Ҥ 2164a. Rights of parents of children attending schools operated by the Department of Defense Education Activity
“(a) In General.—The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights:
“(1) The right to review the curriculum of the school.
“(2) The right to be informed if the school or the Department of Defense Education Activity alters the school’s academic standards or learning benchmarks.
“(3) The right to meet with each teacher of their child not less than twice during each school year.
“(4) The right to review all instructional materials used by their students.
“(5) The right to inspect a list of the books and other reading materials contained in the library of the school.
“(6) The right to address the school advisory committee or the school board.
“(7) The right to data about the school’s discipline policy and any disciplinary action that results in a suspension or expulsion from the school, unless such disclosure is prohibited by law.
“(8) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.
“(b) Disclosures and Notifications.—Consistent with the parental rights specified in subsection (a) and except as provided by subsection (c), a school operated by the Department of Defense Education Activity shall—
“(1) post on a publicly accessible website of the school—
“(A) the curriculum for each course and grade level;
“(B) the academic standards or other learning benchmarks used by the school; and
“(C) notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions;
“(2) provide the parent of a child attending the school with—
“(A) the opportunity to meet in person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and
“(B) notice of such opportunity at the beginning of each school year;
“(3) provide parents access to the online school library catalog;
“(4) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;
“(5) except as provided by paragraph (6) or subsection (c), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening;
“(6) in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and provide an explanation of the emergency that prevented notification prior to such examination or screening; and
“(7) notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent’s request.
“(c) Exceptions.—
(1) Paragraph (5) of subsection (a) and paragraph (3) of subsection (b) shall not be effective until the day that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.
“(2) A requirement set forth in subsection (b) shall not apply in a case in which the requirement would violate any applicable provision of a Federal or State statute or regulation.
“(d) School Advisory Committees and Boards.—Not less frequently than four times per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the educational services provided to their children.
“(e) Definitions.—In this section:
“(1) The term ‘medical examination or screening’—
“(A) means a physical examination provided by a health care provider; and
“(B) does not include an evaluation by, or an encounter with, non-clinical school staff.
“(2) The term ‘school’ means—
“(A) a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or
“(B) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.”
“(3) Indicators of the assault (including unwanted sexual contact) that give reason to believe that the victim was targeted, or discriminated against, or both, for a status in a group.”
Ҥ 711. Parental leave for members of certain reserve components of the armed forces
“(a)
(1) Under regulations prescribed by the Secretary of Defense, a member of a reserve component of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under section 206 of title 37, during the one-year period beginning after the following events:
“(A) the birth or adoption of a child of the member and to care for such child; or
“(B) the placement of a minor child with the member for adoption or long-term foster care.
“(2)
(A) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in subparagraph (A) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of—
“(i) operational requirements;
“(ii) professional military education obligations; or
“(iii) other circumstances that the Secretary determines reasonable and appropriate.
“(B) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.;
“(b) A member described in this subsection is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who is a member of—
“(1) the selected reserve who is entitled to compensation under section 206 of title 37; or
“(2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.”
“711. Parental leave for members of the reserve component of the armed forces.”.
“(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be required to perform but does not perform because such member was authorized to take parental leave pursuant to section 711 of title 10.”
Ҥ 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation
“Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.”
“206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation.”.
“(2)
(A) In the case of a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard when it is operating as service in the Department of the Navy, the Secretary of Defense may determine to pay the pay and allowances described in paragraph (1).
“(B) The Secretary may not delegate the authority to make a determination under subparagraph (A).
“(C) Not later than 30 days after determining to pay any pay or allowance under subparagraph (A), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such determination.”
“356. Continuation pay: full TSP members with 7 to 12 years of service.”.
“(1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or
“(2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.”
“357. Special and incentive pay authorities for members of the reserve components of the armed forces.”.
“(1) In general.—The Secretary shall”
“(2) Evaluation of types of special and incentive pay.—In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay.”
“(C) This paragraph shall cease to be effective on December 31, 2024.”
“(D)
(i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period.
“(ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members.”
“(a) Reductions.—The Secretary of Defense may reduce an OCONUS COLA in accordance with this subsection.
“(1) Frequency.—The Secretary may not announce a reduction to an OCONUS COLA for a location outside the continental United States more than twice per calendar year.
“(2) Maximum reduction.—A reduction to an OCONUS COLA may not exceed the lesser of—
“(A) 10 OCONUS COLA index points; or
“(B) the number of OCONUS COLA index points by which the cost of living of the permanent duty station of the covered member exceeds the average cost of living index in the continental United States.
“(3) Limitations.—Paragraphs (1) and (2) shall not apply to a reduction on the basis of—
“(A) a change in the rate of exchange of foreign currencies; or
“(B) a permanent change of station for a covered member.
“(4) Implementation.—The Secretary may phase in a reduction under this subsection.
“(b) Increases.—The Secretary may increase an OCONUS COLA at any time.
“(c) Reporting.—Not later than February 1 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding reductions and increases to OCONUS COLAs during the previous calendar year. Such report shall include the following elements:
“(1) The areas outside the continental United States subject to such a reduction or increase.
“(2) The previous and new amounts of an adjusted OCONUS COLA for a member with three dependents, 10 years of service, and in grade—
“(A) E-6; and
“(B) O-4.
“(3) The number of OCONUS COLA index points by which a new OCONUS COLA index differs from such previous index.
“(4) The number of members of the uniformed services affected by each such reduction or increase.
“(5) The assessment of the Secretary of the calculation of an OCONUS COLA. In making such assessment, the Secretary shall consider factors including—
“(A) Costs of local transportation in the area surrounding the duty station of a member.
“(B) Costs of travel from such duty station to the United States.
“(C) Other costs the Secretary determines appropriate.
“(d) Definitions.—In this section:
“(1) The term ‘continental United States’ has the meaning given such term in section 101 of title 37, United States Code.
“(2) The term ‘covered member’ means a member of the uniformed services—
“(A) who is assigned to a permanent duty station located outside the continental United States; or
“(B) whose dependents reside outside the continental United States but not withing the vicinity to permanent duty station of such member.
“(3) The term ‘OCONUS COLA’ means a cost-of-living allowance paid to a member of the uniformed services on the basis that such member is a covered member.
“(4) The term ‘OCONUS COLA index’ means the index computed by the Secretary of the weighted average prices of goods and services (excluding housing costs) in a location outside the continental United States, relative to the weighted average of prices of the same goods and services in the continental United States.
“(5) The term ‘OCONUS COLA index point’ means 1 percent of the OCONUS COLA index for the weighted average prices of goods and services (excluding housing costs) in a location in the continental United States.”
“(3) who is—
“(A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and
“(B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense.”
“(4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member.”
“(k) Lodging Expenses.—A dependent or former dependent entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to lodging expenses for a period not longer than 30 days.”
“(a) Certain Unremarried Former Spouses.—The Secretary of Defense”
“(b) Certain Remarried Surviving Spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.”
; and
“(c) MWR Retail Facilities Defined.—In this section, the term ‘MWR retail facilities’ has the meaning given that term in section 1063 of this title.”
“(d) Doula and IBCLC Certifications.—In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) with obtaining certification—
“(1) as a doula or International Board Certified Lactation Consultant; and
“(2) provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note).”
“(A) the member relocates to a new jurisdiction or geographic area as the result of—
“(i) an assignment to a duty station;
“(ii) a reassignment, either as a result of a permanent change of station or permanent change of assignment, between duty stations;
“(iii) a transfer from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; or
“(iv) placement on the temporary disability retired list under chapter 61 of title 10; and”
; and
“(4)
(A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries:
“(i) Beneficiaries in the active-duty family member category.
“(ii) Beneficiaries covered by section 1110b of this title.
“(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.”
“(4)
(A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title).
“(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.”
“(16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents:
“(A) A dependent of a member of the uniformed services on active duty.
“(B) A dependent under subparagraph (D) or (I) of section 1072(2) of this title of a former member of the uniformed services who—
“(i) is entitled to retired or retainer pay, or equivalent pay; and
“(ii) is enrolled in family coverage under TRICARE Prime.”
“(3)
(A) Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that—
“(i) civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and
“(ii) adequate resources exist to provide space available dental care to the dependents at the facility.
“(B) Care under subparagraph (A) shall be provided on a reimbursable basis.”
“(3) A member of the armed forces described in this paragraph is—
“(A) a member on active duty for a period of longer than 30 days; or
“(B) a member of the Selected Reserve in a duty status.”
“(f) Exception to Establishment of Additional DHA Organizations.—At the discretion of the Secretary of Defense, a military department may retain a function that would otherwise be transferred to the Defense Health Agency under subsection (e) if the Secretary of Defense determines the function—
“(1) addresses a need that is unique to the military department; and
“(2) is in direct support of operating forces and necessary to execute strategies relating to national security and defense.”
“(f) Justification of Denial.—If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including—
“(1) copies of any written reports prepared by any expert upon which the denial is based; and
“(2) all records and documents relied upon in preparing such written reports, other than medical quality assurance records (as such term is defined in section 1102 of this title).”
“(7) The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including—
“(A) the exchange of subject matter expertise;
“(B) training and support relating to advanced clinical skills development; and
“(C) training and support relating to clinical case management support.”
“(C) The Under Secretary of Defense for Acquisition and Sustainment shall develop a framework for revising what constitutes a denial of uncertified cost or pricing data, including—
“(i) identifying situations under which such denials occur to exclude situations outside the control of the offeror or Federal Government;
“(ii) identifying whether such denial is from the prime contractor or subcontractor; and
“(iii) developing an appropriate timeframe for requiring submission of uncertified cost or pricing data before a request for such data is considered a denial, including a standardized determination of a starting point and conclusion for such requests.”
Ҥ 4662. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties
“(a) In General.—Each contract entered into by the Department of Defense on or after the date of the enactment of this section shall include a provision prohibiting the contractor and each subcontractor under such contract from selling, licensing, or otherwise transferring covered individually identifiable Department employee data to any individual or entity other than the Federal Government, except to the extent required to perform such contract or a subcontract under such contract and that would be permissible pursuant to statute or guidance from the Director of the Office of Management and Budget.
“(b) Waiver.—The Secretary of Defense may waive the requirements of subsection (a) with respect to a sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver is appropriate.
“(c) Definitions.—In this section:
“(1) The term ‘covered individually identifiable Department employee data’ means individually identifiable Department employee data obtained by—
“(A) a contractor pursuant to the performance of a contract described in subsection (a) by such contractor; or
“(B) a subcontractor pursuant to the performance of a subcontract under such a contract by such subcontractor.
“(2) The term ‘individually identifiable Department employee data’ means information related to an employee of the Department of Defense, including a member of the Armed Forces, that—
“(A) identifies such employee; or
“(B) which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies.”
“(A) significant savings”
; and
“(B) necessary defense industrial base stability not otherwise achievable through annual contracts.”
“(3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f).”
“(3) Use of amounts.—The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding—
“(A) subchapters I and III of chapter 169 of this title; and
“(B) chapters 221 and 223 of this title.”
“(b) Authority.—
“(1) Identification.—
“(A) In general.—Under the program established under subsection (a), the commander of the combatant command concerned shall evaluate covered persons and entities within the area of responsibility of such command to identify such covered persons and entities that are engaging in covered activities.
“(B) Notification.—Upon identification of a covered person or entity who is engaging in covered activities pursuant to an evaluation under subparagraph (A), the commander of the combatant command concerned, or the designated deputies of such commander, shall submit to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy a notice of such identification and the rationale for such identification.
“(2) Covered procurement actions.—The head of a contracting activity may take a covered procurement action with respect to a person or entity identified as engaging in a covered activity under the program established under subsection (a) if such head receives a notification from the Under Secretary of Defense for Acquisition and Sustainment stating that, based on a risk assessment conducted by the commander of a combatant command who made such identification—
“(A) such person or entity is a covered person or entity;
“(B) such person or entity is or was engaging in one or more covered activities; and
“(C) less intrusive measures are not reasonably available to manage the risk posed by such person or entity.”
“(c) Notification to Covered Person or Entity.—
“(1) Advance notice.—The head of a contracting activity, or other appropriate official, shall notify covered persons and entities of the following:
“(A) The program established under subsection (a).
“(B) The authorities provided by subsection (b).
“(C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities.
“(2) Notice of covered procurement actions.—
“(A) In general.—Not later than 30 days prior to taking a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the covered procurement action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action.
“(B) Limitation on disclosure of information.—The rationale of the commander of a combatant command that identified the covered person or entity receiving a notice under subparagraph (A) as a covered person or entity engaging in a covered activity under subsection (b)(1) shall not be disclosed to such covered person or entity, or their representatives, to the extent that such disclosure would compromise national security or pose an unacceptable threat to personnel of the United States or its partners or allies.
“(C) Protection of classified information.—Classified information relied upon to take a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed.”
“(d) Covered Procurement Action Reporting.—Not later than 15 days after the head of a contracting activity takes a covered procurement action, such head of a contracting activity shall report such covered procurement action to the Under Secretary of Defense for Acquisition and Sustainment and include such covered procurement action in the Federal Awardee Performance and Integrity Information System or other formal systems of record and, in the case that such cover procurement action is for the exclusion a person or commercial entity from an award, the System for Award Management.”
“(e) Annual Review.—The Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities previously subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action.”
“(f) Waiver.—The Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security.”
“(g) Delegation of Authority.—The authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official, for purposes of grants or cooperative agreements.”
“(h) Updating Regulations.—The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle.”
“(a) Additional Access to Records.—The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act.
“(b) Limitation.—The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, based on a finding from the combatant commander, stating that this examination will support the program established under such section 841 and that less intrusive measures are not reasonably available to manage the risk.”
“(1) Covered activities.—The term ‘covered activities’ means activities where a covered person or entity is—
“(A) engaging in acts of violence against personnel of the United States or its partners and allies;
“(B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A);
“(C) engaging in foreign intelligence activities against the United States or its partners and allies;
“(D) engaging in transnational organized crime or criminal activities; or
“(E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.”
“(3) Covered person or entity.—The term ‘covered person or entity’ means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.”
; and
“(5) Covered procurement action.—The term ‘covered procurement action’ means an action taken by a head of contracting activity to—
“(A) exclude a person or commercial entity from an award with or without an existing contract, grant, or cooperative agreement;
“(B) terminate a contract, grant, or cooperative agreement for default; or
“(C) void, in whole or in part, a contract, grant, or cooperative agreement.
“(6) Covered solicitation.—The term ‘covered solicitation’ means any solicitation by the Department of Defense for work for which the place of performance is outside of the United States.”
Ҥ 50309. Securing logistics information data of the United States
“(a) In General.—
“(1) Prohibition.—A covered entity shall not use a covered logistics platform.
“(2) Eligibility.—A covered entity that is found to use a covered logistics platform shall not be eligible to receive any Federal grant funding as long as the covered entity uses a covered logistics platform.
“(b) Guidance.—The Secretary of Transportation shall—
“(1) notify covered entities of the prohibition in subsection (a) as soon as practicable, including notice of funding opportunities for grant programs; and
“(2) publish on a website of the Department of Transportation, and update regularly, a list of covered logistics platforms subject to the prohibition in subsection (a).
“(c) Consultation.—In carrying out this section, the Secretary shall consult with—
“(1) the Secretary of Defense;
“(2) the Secretary of the Department in which the Coast Guard is operating;
“(3) the Secretary of State; and
“(4) the Secretary of Commerce.
“(d) Waiver.—The Secretary of Transportation, in consultation with the Secretary of Defense, may waive the provisions of this section for a specific contract if the Secretary of Transportation—
“(1) makes a determination that such waiver is vital to the national security of the United States; and
“(2) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.
“(e) Definitions.—In this section:
“(1) Covered logistics platform.—The term ‘covered logistics platform’ means a data exchange platform that utilizes or provides, in part or whole—
“(A) the national transportation logistics public information platform (commonly referred to as ‘LOGINK’) provided by the People’s Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People’s Republic of China;
“(B) any national transportation logistics information platform provided by or sponsored by the People’s Republic of China, or a controlled commercial entity; or
“(C) a similar system provided by Chinese state-affiliated entities.
“(2) Covered entity.—The term ‘covered entity’ means—
“(A) a port authority that receives funding after the date of the enactment of this section under—
“(i) the port infrastructure development program under section 54301;
“(ii) the maritime transportation system emergency relief program under section 50308; or
“(iii) any Federal grant funding program;
“(B) any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D);
“(C) any agency or instrumentality of the United States Government or that of a State; or
“(D) a commercial strategic seaport within the National Port Readiness Network.”
“50309. Securing logistics information data of the United States.”.
“(C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), to which the United States is not a party, for purposes of—
“(i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against—
“(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled ‘To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes’ (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or
“(II) a United States partner; or
“(ii) contracting for the movement or delivery of defense articles transferred to such ally or partner through the President’s drawdown authorities under sections 506(a)(1) and 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and 2364) in connection with such response.”
“(5) A flag of the United States.”
; and
“(2)
(A)
(i) Except as provided by subparagraph (B), subsection (a) does not apply to purchases of flags of the United States for amounts not greater than $10,000.
“(ii) A proposed procurement in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for the exception under clause (i).
“(B) The Secretary of Defense may waive subsection (a) with respect to a purchase of flags of the United States in an amount greater than $10,000 if the Secretary of Defense determines such waiver appropriate.
“(C) This section is applicable to contracts and subcontracts for the procurement of flags of the United States.”
“(3) any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced—
“(A) in the United States;
“(B) in the country from which the mill product or component is procured; or
“(C) in another country covered under subparagraph (1)(B).”
“(l) Provenance of Aerospace-grade Metals.—
(1) The Secretary of Defense shall require that, for any system or component for which the provenance of materials must be tracked to comply with safety regulations concerning flight, the supplier of such system or component shall inform the government if any of the materials were known to be manufactured or processed in—
“(A) China;
“(B) Iran;
“(C) North Korea; or
“(D) Russia.
“(2) Not later than March 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report indicating how much specialty metal has been acquired and placed into systems of the Department of Defense from the countries described in paragraph (1).”
“(A) identifies a specific end item for which a specific covered material”
“(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.”
“(b) Implementation Guidance.—The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in section 1737 of title 10, United States Code) for a contract described in subsection (a) has the discretion to implement the pilot program under this section efficiently and effectively by ensuring the following:
“(1) That the pilot program does not include any preferences for contract type or specific contract requirements.
“(2) That each Secretary of a military department has minimal reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the pilot program.”
; and
“(2) An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement.”
“(5) The term ‘business entity’ means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.”
“(2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.”
“(f) Waiver of Government Cost Share Restriction.—If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.”
“(3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and
“(4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements).”
“(i) shall”
“(ii) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract.”
“(E) Cooperation.—
“(i) In general.—Once a contracting officer determines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcontractor.
“(ii) Duration.—The duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered contract.”
“(A) Selection.—Except”
; and
“(B) Delegation of oversight and management.—The Deputy Secretary of Defense may delegate to one or more mission managers the responsibility to oversee the selected missions and provide mission management.”
; and
“(4) Identification of funding.—For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials submitted to Congress pursuant to section 1105 of title 31, United States Code, for the first year for which the selected mission is intended to be carried out. Such materials shall also include a description of each such selected mission and the proposed solution to achieve the goals of such mission.”
“(F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission through existing authorized methods to realign, reprogram, or transfer funds; and”
“(A) to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan;
“(B) in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or
“(C) pursuant to such necessary and reasonable waivers”
; and
“(e) Program Evaluation Competitive Analysis Cell.—
“(1) Not later than June 1, 2024, the Secretary of Defense shall establish a team, to be known as the ‘Program Evaluation Competitive Analysis Cell’ (referred to in this subsection as the ‘Cell’), to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director of Cost Assessment and Program Evaluation.
“(2) The Secretary of Defense shall—
“(A) designate an individual to serve as the head of the Cell; and
“(B) ensure that the Cell has a sufficient number of personnel to carry out the duties described in this subsection.
“(3) The Cell shall be independent of the Director of Cost Assessment and Program Evaluation. The head of the Cell shall report directly to the Secretary of Defense or the Deputy Secretary of Defense.
“(4)
(A) Not less frequently than once every two years, the Cell shall conduct an alternative operational or strategic analysis of an analytical question identified by the Chairman of the Joint Chiefs of Staff under subparagraph (B). In conducting such alternative analysis, the Cell shall use assumptions different from the assumptions used by the Director of Cost Assessment and Program Evaluation for the original analysis of such question.
“(B) For purposes of each alternative analysis required under subparagraph (A), at an appropriate time before the commencement of such analysis—
“(i) the Director of the Joint Staff shall submit to the Chairman of the Joint Chiefs of Staff a list of not fewer than three operational or strategic questions previously studied by the Director of Cost Assessment and Program Evaluation that could potentially serve as the basis of for such alternative analysis; and
“(ii) from such list, the Chairman shall select one question to serve as the basis for such analysis.
“(f) Inclusion of Risk Estimates in Certain Submissions.—In any case in which the Director of Cost Assessment and Program Evaluation submits to the Secretary of Defense an analytical product that recommends not meeting or changing a requirement established by the Joint Requirements Oversight Council, the Director shall include with such submission—
“(1) a risk assessment that assesses any risks of the recommended course of action with respect to the execution of operational plans and the long-term ability of the armed forces to meet the needs of combatant commanders (as determined by the Secretary of Defense); and
“(2) a risk estimate from the military service in question that assesses the risks described in paragraph (1).
“(g) Annual Reports.—
“(1) In general.—Not later than February 1, 2024, and annually thereafter, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on any strategic and operational analyses conducted under paragraphs (2), (3), (6), (7), or (8) of subsection (d). Each report shall include—
“(A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report;
“(B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and
“(C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report.
“(2) Form.—Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.
“(3) Briefings.—Not later than 15 days after the submission of each report required by paragraph (1), the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the contents of the report.
“(h) Quarterly Briefings.—Beginning not later than 30 days after the date of the enactment of this subsection, and on a quarterly basis thereafter, the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the activities carried out by Director during the preceding quarter an any ongoing activities of the Director as of the date of briefing.”
Ҥ 149. Office of Strategic Capital
“(a) Establishment.—There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the ‘Office’).
“(b) Director.—The Office shall be headed by a Director (in this section referred to as the ‘Director’), who shall be appointed by the Secretary from among employees in Senior Executive Service positions (as defined in section 3132 of title 5), or from outside the civil service who have successfully held equivalent positions.
“(c) Duties.—The Office shall—
“(1) develop, integrate, and implement capital investment strategies proven in the commercial sector to shape and scale investment in critical technologies and assets;
“(2) identify and prioritize promising critical technologies and assets that require capital assistance and have the potential to benefit the Department of Defense; and
“(3) make eligible investments in such technologies and assets, such as supply chain technologies not always supported through direct investment.
“(d) Non-Federal Funding Requirements for Certain Investments.—In the case of an eligible investment made through a direct loan, not less than 80 percent of the total capital provided for the specific technology to be funded by the investment shall be derived from non-Federal sources as of the time of the investment.
“(e) Definitions.—In this section:
“(1) The term ‘capital assistance’ means a loan, loan guarantee, or technical assistance.
“(2) The term ‘covered technology category’ means the following:
“(A) Advanced bulk materials.
“(B) Advanced manufacturing.
“(C) Autonomous mobile robots.
“(D) Battery storage.
“(E) Biochemicals.
“(F) Bioenergetics.
“(G) Biomass.
“(H) Cybersecurity.
“(I) Data fabric.
“(J) Decision science.
“(K) Edge computing.
“(L) External communication.
“(M) Hydrogen generation and storage.
“(N) Mesh networks.
“(O) Microelectronics assembly, testing, or packaging.
“(P) Microelectronics design and development.
“(Q) Microelectronics fabrication.
“(R) Microelectronics manufacturing equipment.
“(S) Microelectronics materials.
“(T) Nanomaterials and metamaterials.
“(U) Open RAN.
“(V) Optical communications.
“(W) Sensor hardware.
“(X) Solar.
“(Y) Space launch.
“(Z) Spacecraft.
“(AA) Space-enabled services and equipment.
“(BB) Synthetic biology.
“(CC) Quantum computing.
“(DD) Quantum security.
“(EE) Quantum sensing.
“(3) The term ‘eligible entity’ means—
“(A) an individual;
“(B) a corporation;
“(C) a partnership, which may include a public-private partnership, limited partnership, or general partnership;
“(D) a joint venture;
“(E) a trust;
“(F) a State, including a political subdivision or any other instrumentality of a State;
“(G) a Tribal government or consortium of Tribal governments;
“(H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority;
“(I) a multi-State or multi-jurisdictional group of public entities; or
“(J) a strategic alliance among two or more entities described in subparagraphs (A) through (I).
“(4) The term ‘eligible investment’ means an investment, in the form of capital assistance provided to an eligible entity, for a technology that—
“(A) is in a covered technology category; and
“(B) is not a technology that solely has defense applications.”
“(A) to avoid duplication of efforts and waste of resources attributable to a component working outside the scope of its responsibilities; and
“(B) to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy.”
“(6) The College of International Security Affairs.”
Ҥ 4127. Defense innovation unit
“(a) Establishment.—There is established in the Department of Defense a Defense Innovation Unit (referred to in this section as the ‘Unit’).
“(b) Director and Deputy Director.—There is a Director of the Unit who shall be appointed by the Secretary of Defense from among persons with substantial experience in innovation and commercial technology, as determined by the Secretary.
“(c) Authority of Director.—The Director is the head of the Unit. The Director—
“(1) shall serve as a principal staff assistant to the Secretary of Defense on matters within the responsibility of the Unit;
“(2) shall report directly to the Secretary without intervening authority; and
“(3) may communicate views on matters within the responsibility of the Unit directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.
“(d) Responsibilities.—The Unit shall have the following responsibilities:
“(1) Seek out, identify, and support development of and experimentation with commercial technologies that have the potential to be implemented within the Department of Defense.
“(2) Accelerate the adoption or integration of commercial technologies within the Department of Defense to transform military capacity and capabilities.
“(3) Serve as the principal liaison between the Department of Defense and individuals and entities in the national security innovation base, including entrepreneurs, startups, commercial technology companies, and venture capital sources.
“(4) Carry out programs, projects, and other activities to strengthen the national security innovation base.
“(5) Coordinate and harmonize the activities of other organizations and elements of the Department of Defense on matters relating to commercial technologies, dual use technologies, and the innovation of such technologies.
“(6) Coordinate and advise efforts among elements of the Department of Defense on matters relating to the development, procurement, and fielding of nontraditional capabilities.
“(7) Coordinate with the Joint Staff and the commanders of the combatant commands to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities, including dual-use technologies, that are being developed and financed in the commercial sector.
“(8) Using funds made available to the Unit—
“(A) select projects to be carried out by one or more of the service-level innovation organizations;
“(B) allocate funds to service-level innovation organizations to carry out such projects; and
“(C) monitor the execution of such projects by the service-level innovation organizations.
“(9) Serve as the principal liaison between the Department of Defense, nontraditional defense contractors, investors in nontraditional defense companies, and departments and agencies of the Federal Government pursing nontraditional capabilities similar to those pursued by the Department.
“(10) Lead engagement with industry, academia, and other nongovernment entities to develop—
“(A) domestic capacity with respect to innovative, commercial, and dual-use technologies and the use of nontraditional defense contractors; and
“(B) the capacity of international allies and partners of the United States with respect to such technologies and the use of such contractors.
“(11) Carry out such other activities as the Secretary of Defense determines appropriate.
“(e) Support for Multi-stakeholder Partnerships.—
“(1) The Director shall identify and support multi-stakeholder research and innovation partnerships that—
“(A) have the potential to generate technologies, processes, products, or other solutions that address national defense or security needs; and
“(B) have as an objective the technology transfer or commercialization of the work product generated by the partnership, which may include work product that incorporates Government-developed intellectual property licensed to the partnership in accordance with paragraph (3).
“(2) Support provided by the Director to a multi-stakeholder research and innovation partnership under this subsection may include—
“(A) providing funding or other resources to the partnership;
“(B) participating in the partnership;
“(C) providing technical and technological advice and guidance to the partnership;
“(D) suggesting and introducing other participants for inclusion in the partnership;
“(E) providing the partnership with insight into desired solutions for defense and security needs; and
“(F) such other forms of support as the Director determines appropriate.
“(3) To the extent the Director determines appropriate, the Director shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of Government-developed intellectual property that may be licensed to the partnership.
“(4) On an annual basis, the Director shall submit to the Secretary of Defense and the congressional defense committees a report on the activities, advances, outcomes, and work product of the multi-stakeholder research and innovation partnerships supported under this subsection.
“(f) Definitions.—In this section:
“(1) The term ‘multi-stakeholder research and innovation partnership’ means a partnership composed of any combination of two or more of the following:
“(A) Universities, colleges, or other institutions of higher education with research and innovation capability.
“(B) Non-profit organizations that provide policy, research, outreach, operations, organizational, management, testing, evaluation, technology transfer, legal, financial, or advocacy expertise.
“(C) For-profit commercial enterprises that may be publicly or privately owned, early stage or mature, and incorporated or operating by another ownership structure.
“(D) Departments or agencies of the Federal Government with expertise, operations, or resources related to the objectives of the multi-stakeholder research and innovation partnership.
“(2) The term ‘nontraditional capability’ means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems.
“(3) The term ‘nontraditional defense contractor’ has the meaning given that term in section 3014 of this title.”
“(C) the Director of the Defense Innovation Unit;”
“(2)
(A) The committee shall have four nonvoting members, who shall be the Chief Master Sergeants of the Air Force, the Air Force Reserve, the Air National Guard, and the Space Force.
“(B) A nonvoting member who cannot attend a meeting of the committee may designate a member in the grade of E–8 or E–9 to attend in their stead.”
“(1) to investigate and carry out such other activities as may be necessary—
“(A) to identify anomalous health incidents;
“(B) to determine the causes and sources of such incidents, including identification of any individuals, entities, capabilities, or phenomena to which such incidents may plausibly be attributed; and
“(C) to understand how such incidents may be mitigated and treated;
“(2) to address the challenges posed by anomalous health incidents, including by coordinating research into—
“(A) non-kinetic capabilities that plausibly might result in such incidents, such as anti-personnel capabilities and directed energy capabilities;
“(B) the detection and mitigation of such capabilities; and
“(C) the development of countermeasures for such capabilities;
“(3) to integrate and deconflict the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agencies of the Federal Government regarding such incidents; and
“(4) to undertake any other efforts regarding non-kinetic threats to personnel and anomalous health incidents that the Secretary considers appropriate.”
“§ 222e. Programs, projects, and activities that were internally changed in the submission of the President’s budget: annual report
“(a) In General.—The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 30 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities in research, development, test, and evaluation, procurement, and military construction the total obligational authority for which was changed in the current budget year proposal compared to the prior-year projection for the current year.
“(b) Elements.—The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally changed, the following elements:
“(1) Whether the program, project, or activity was added, eliminated, or reduced and in which fiscal year.
“(2) The appropriations sub-account.
“(3) The appropriate program element, line item number, or sub-activity group.
“(4) The program, project, or activity name.
“(5) The prior year enacted appropriation.
“(6) The prior year projected current year budget.
“(7) The current year budget request.
“(8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan.
“(9) A characterization of the change as a fact-of-life change, a prioritization change, a programmatic change, or a change due to congressional action.
“(c) Form.—The report required under subsection (a) shall be submitted in machine readable, electronic form.”
“(E) The requirement to be addressed by the unfunded priority.
“(F) The reason why funding for the priority was not included in the budget of the President.
“(G) A description of any funding provided for the requirement for the current and preceding fiscal year.
“(H) An assessment of the effect that providing funding for the priority would have on the future-years defense plan.”
“(3) The unaltered assessment of the Chief of Naval Operations and the Commandant of the Marine Corps of the plan required under paragraph (1).”
; and
“(3) In developing annual naval vessel construction plans for purposes of subsection (a)(1), the Secretary of the Navy shall take into consideration the most recent biennial report on shipbuilder training and the defense industrial base required by section 8693 of this title.”
“(P) Major bulkheads and tanks.
“(Q) All major pumps and motors.
“(R) Large vertical array.
“(S) Atmosphere control equipment.
“(T) Diesel systems and components.
“(U) Hydraulic valves and components.
“(V) Bearings.
“(W) Major air and blow valves and components.
“(X) Decks and superstructure.
“(Y) Castings, forgings, and tank structure.
“(Z) Hatches and hull penetrators.”
Ҥ 2219. Grants for improvement of Navy ship repair or alterations capability
“(a) Assistance Authorized.—
(1) Subject to the availability of appropriations, the Secretary of the Navy may make grants to an eligible entity for the purpose of carrying out—
“(A) a capital improvement project; or
“(B) a maritime training program designed to foster technical skills and operational productivity.
“(2) The amount of a grant under this section may not exceed 75 percent of the total cost of the project or program funded by the grant.
“(3) A grant provided under this section may not be used to construct buildings or other physical facilities, except for piers, dry docks, and structures in support of piers and dry docks, or to acquire land.
“(4) The Secretary may not award a grant to an eligible entity under this section unless the Secretary determines that—
“(A) the entity has access to sufficient non-Federal funding to meet the requirement under paragraph (2);
“(B) the entity has authority to carry out the proposed project; and
“(C) the project or program would improve—
“(i) efficiency, competitive operations, capability, or quality of United States Navy ship repair or alterations; or
“(ii) employee, or potential employee, skills and enhanced productivity related to United States Navy ship repair or alterations.
“(b) Eligibility.—To be eligible for a grant under this section, an entity shall—
“(1) be a shipyard or other entity that provides ship repair or alteration for non-nuclear ships;
“(2) submit an application, at such time, in such form, and containing such information and assurances as the Secretary may require, including a comprehensive description of—
“(A) the need for the project or program proposed to be funded under the grant;
“(B) the methodology to be used to implement the project or program; and
“(C) any existing programs or arrangements that could be used to supplement or leverage a grant provided under this section; and
“(3) enter into an agreement with the Secretary under which the entity agrees—
“(A) to complete the project or program funded by the grant within a certain timeframe and without unreasonable delay and the Secretary determines such project or program is likely to be completed within the timeframe provided in such agreement;
“(B) to return to the Secretary any amount of the grant that is—
“(i) not used by the grant recipient for the purpose for which the grant was awarded; or
“(ii) not obligated or expended within the timeframe provided in the agreement;
“(C) to maintain such records as the Secretary may require and make such records available for review and audit by the Secretary; and
“(D) not to purchase any product or material for the project or program using grant funds, including any commercially available off-the-shelf item, unless such product or material is—
“(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or
“(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
“(c) Guidelines.—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
“(1) amounts awarded as grants under this section are used for the purposes for which such amounts were made available; and
“(2) an entity that receives a grant under this section complies with the terms of the agreement such entity enters into with the Secretary pursuant to subsection (b)(3).
“(d) Definitions.—In this section:
“(1) The term ‘commercially available off-the-shelf item’—
“(A) means any item of supply (including construction material) that is—
“(i) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024); and
“(ii) sold in substantial quantities in the commercial marketplace; and
“(B) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
“(2) The term ‘product or material’, with respect to a project or program—
“(A) means an article, material, or supply brought to the site where the project or program is being carried out for incorporation into the project or program; and
“(B) includes an item brought to the site preassembled from articles, materials, or supplies.
“(3) The term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.”
“(1) to have available, as soon as practicable, not fewer than 355 battle force ships, comprised of the optimal mix of platforms, with funding subject to the availability of appropriations or other funds; and
“(2) that the United States shipbuilding defense industrial base is fundamental to achieving the shipbuilding requirements of the Navy and constitutes a unique national security imperative that requires sustainment and support by the Navy and Congress.”
“(d) Briefing Requirement.—
(1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each even-numbered year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section.
“(2) The briefing required under paragraph (1) shall include—
“(A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how such risk assessment addresses the elements required in subparagraph (B) of such paragraph;
“(B) an analysis of how the risk assessment informs and supports other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and
“(C) if the risk assessment is not delivered at or before the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives.”
“(5) Funds.”
“(2) The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary.
“(3) No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to—
“(A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
“(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or
“(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780).”
“(f) Annual Report.—Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.”
“(d) Implementation of Vienna Document 2011.—Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.”
“(1) Confucius institute.—The term ‘Confucius Institute’ means—
“(A) any program that receives funding or support from—
“(i) the Chinese International Education Foundation; or
“(ii) the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China; or
“(B) any cultural institute funded by the Government of the People’s Republic of China.”
“(2) Confucius institute.—The term ‘Confucius Institute’ means—
“(A) any program that receives funding or support from—
“(i) the Chinese International Education Foundation; or
“(ii) the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China; or
“(B) any cultural institute funded by the Government of the People’s Republic of China.”
“(3) Termination of authority.—The authority to issue a waiver under paragraph (1) shall terminate on October 1, 2026, and any waiver issued under such paragraph shall not apply on or after such date.”
“(5) Waiver.—
“(A) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, and without delegation, may waive the requirement to vet covered individuals under this section—
“(i) on a person-by-person basis, if the Secretary of Defense determines that the waiver is in the national security interests of the United States; or
“(ii) on a country-by-country basis, with respect to foreign nationals or other appropriate persons who hold a security clearance issued by that country, if the Secretary of Defense determines that the vetting procedures of the country are functionally equivalent to the vetting procedures of the United States for United States military personnel.
“(B) Functional equivalence.—
“(i) Definition.—The Secretary of Defense, acting through the Under Secretary of Defense for Intelligence and Security and in consultation, as appropriate, with the Secretary of State, shall establish and submit to the congressional defense committees a definition of functional equivalence for purposes of making a determination under subparagraph (A)(ii). The Secretary of Defense shall notify the congressional defense committees of any subsequent modification the Secretary makes to the definition.
“(ii) Assessment.—The Secretary of Defense shall conduct an assessment of the vetting procedures of a country prior to making a determination of functional equivalence under subparagraph (A)(ii). Such assessment shall take into consideration any information about such procedures provided to the Secretary of Defense by the Secretary of State.
“(C) Notification requirement.—The Secretary of Defense shall submit a written notification to the congressional defense committees not later than 48 hours after exercising the waiver authority under subparagraph (A), including a justification for the waiver and an assessment of the vetting procedures of a country, if appropriate.”
“(2) The term ‘covered individual’—
“(A) except as provided in subparagraph (B), means a foreign national or other appropriate person who is—
“(i) seeking unescorted physical access to a Department of Defense installation or facility within the United States; and
“(ii)
(I) selected, nominated, or accepted for training or education for a period of more than 14 days occurring on a Department of Defense installation or facility within the United States; or
“(II) an immediate family member accompanying a foreign national or other appropriate person who has been so selected, nominated, or accepted for such training or education; and
“(B) does not include a foreign national or other appropriate person of Australia, Canada, New Zealand, or the United Kingdom who holds a security clearance issued by the country of the foreign national and has provided the Department of Defense a certification of such clearance.”
“(A) is the parent”
“(B) has attained the age of 16 years old at the time that unescorted physical access is to begin.”
“(5) The term ‘foreign national’ means a person who is not a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
“(6) The term ‘other appropriate person’ means a person who is a citizen of both the United States and another country or who is an alien lawfully admitted for permanent residence in the United States, if such person intends to attend training or education on behalf of a foreign country.”
“(i) an identification of efforts by the United States and allied and partner countries to mitigate mutual contested logistics challenges and to develop complementary energy security and energy reliance measures;
“(ii) an analysis of investments made by allied and partner countries in any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce demand for operational energy in the near-term or long-term;
“(iii) an identification of any limitations or barriers to closing or mitigating gaps in operational energy investment with allied and partner countries, including any additional authorities or appropriations that may be required; and
“(iv) an analysis of the feasibility and advisability of establishing a partnership program using existing authorities to collaborate with the national security forces of allied and partner countries for the purpose of developing and maintaining transformational strategies for operational energy with the objectives of enhancing the readiness of such countries and employing diverse energy sources that reduce demand and logistical vulnerabilities.”
“(4) Deferment for dislocated military spouses.—
“(A) Duration and effect on principal and interest.—A borrower of a loan made under this part who meets the requirements of subparagraph (B) shall be eligible for a deferment for an aggregate period of 180 days, during which periodic installments of principal need not be paid, and interest—
“(i) shall not accrue, in the case of a—
“(I) Federal Direct Stafford Loan; or
“(II) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 428; or
“(ii) shall accrue and be capitalized or paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in clause (i)(II).
“(B) Eligibility.—A borrower of a loan made under this part shall be eligible for a deferment under subparagraph (A) if the borrower—
“(i) is the spouse of a member of the Armed Forces serving on active duty; and
“(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member.
“(C) Documentation and approval.—
“(i) In general.—A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary—
“(I) the documentation described in clause (ii); or
“(II) such other documentation as the Secretary determines appropriate.
“(ii) Documentation.—The documentation described in this clause is—
“(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty;
“(II) evidence that a military permanent change of station order was issued to such member; and
“(III)
(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or
“(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.”
“(1) by not later than August 31 of each year, for the first six-month period of that year; and
“(2) by not later than February 28 of each year, for the second six-month period of the preceding year.”
“§ 4814. National technology and industrial base: biennial report”
“4814. National technology and industrial base: biennial report.”.
“(a) Notification.—
(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.
“(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.
“(3) In this subsection, the term ‘covered report’ means a report filed under any of the following (or any successor regulations):
“(A) Section 331.19 of title 7, Code of Federal Regulations.
“(B) Section 121.19 of title 9, Code of Federal Regulations.
“(C) Section 73.19 of title 42, Code of Federal Regulations.”
“(A) In general.—Except as provided in subparagraph (B), the term”
“(B) Domestic source for title iii.—
“(i) In general.—For purposes of title III, the term ‘domestic source’ means a business concern that—
“(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—
“(aa) the United States or Canada; or
“(bb) subject to clause (ii), Australia or the United Kingdom; and
“(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.
“(ii) Limitations on use of business concerns in australia and united kingdom.—
“(I) In general.—A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).
“(II) National defense matter defined.—For purposes of subclause (I), the term ‘national defense matter’ is a matter relating to the development or production of—
“(aa) a defense article, as defined in section 301 of title 10, United States Code; or
“(bb) materials critical to national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)).”
“SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES.
“(a) In General.—The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—
“(1) except as provided by paragraph (2), not later than 30 days after taking the action; and
“(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
“(b) Elements.—
“(1) In general.—Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include—
“(A) a justification of the necessity of the use of authorities under this title; and
“(B) a description of the financial terms of any related financial transaction.
“(2) Additional elements relating to business concerns in the united kingdom or australia.—Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—
“(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and
“(B) an analysis of why such business concerns were not available.
“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
“(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 702(7)(B)(ii)(II)(bb)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.”
“(3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests.”
“(1) Compensation of members.—
“(A) Non-federal employees.—A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.
“(B) Federal employees.—
“(i) In general.—A member of the Commission who is an employee of the Federal Government may be compensated as provided for under subparagraph (a) for periods of time during which the member is engaged in the performance of the duties of the Commission that fall outside of ordinary agency working hours, as determined by the employing agency of such member.
“(ii) Rule of construction.—Nothing in this paragraph shall be construed to authorize dual pay for work performed on behalf of the Commission and for a Federal agency during the same hours of the same day.”
“(b) Provision of Travel Support to Certain Commissions.—For the purpose of providing support to facilitate overseas travel requests from a legislative branch commission, or any commission so designated for support under this subsection jointly by the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives, the Secretary of Defense and the Secretary of State shall consider such requests as equivalent to a request from Congress, and apply the same standards in determining the extent to which such support may be provided under law and regulation. Any support so provided shall be funded out of amounts appropriated for the operation of such commission.”
“(12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need or shortage of candidates.
“(13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need or shortage of candidates.”
“(d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting ‘7 calendar days’ for ‘30 calendar days’.”
“(3) The term ‘remote work’ refers to a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis.”
; and
“(5) The term ‘telework’ has the meaning given the term in section 6501.”
“(3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work.”
; and
“(2) Geographical representation.—Out of the total number of individuals selected to participate in the fellows program, which shall not exceed 60 individuals in any year, no more than 20 percent may be from any of the following geographic regions:
“(A) The Northeast United States.
“(B) The Southeast United States.
“(C) The Midwest United States.
“(D) The Southwest United States.
“(E) The Western United States.
“(F) Alaska, Hawaii, United States territories, and areas outside the United States.”
“(e) Appointment.—
“(1) In general.—An individual who participates in the fellows program shall be appointed into an excepted service position in the Department.
“(2) Position requirements.—Each year, the head of each Department of Defense Component shall submit to the Secretary of Defense placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. The Secretary of Defense, in coordination with the heads of Department of Defense Components, shall establish qualification requirements for the appointment of participants under paragraph (1).
“(3) Appointment to positions.—Each year, the Secretary of Defense shall appoint participants in the fellows program to positions in the Department of Defense Components. In making such appointments, the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment.
“(4) Term.—The term of each appointment under the fellows program shall be one year with the option to extend the appointment up to one additional year.
“(5) Grade.—An individual appointed to a position under the fellows program shall be appointed at a level between GS–10 and GS–12 of the General Schedule based on the directly-related qualifications, skills, and professional experience of the individual.
“(6) Education loan repayment.—To the extent that funds are provided in advance in appropriations Acts, the Secretary of Defense may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary.
“(7) Department of defense component defined.—In this subsection, the term ‘Department of Defense Component’ means a Department of Defense Component, as set forth in section 111 of title 10, United States Code.
“(f) Career Development.—
“(1) In general.—The Secretary of Defense shall ensure that participants in the fellows program—
“(A) receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and
“(B) are provided appropriate employment opportunities for competitive and excepted service positions in the Department upon successful completion of the fellows program.
“(2) Publication of selection.—The Secretary shall publish, on an Internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program.”
“(B) has completed at least 12 months of service—
“(i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or
“(ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States;”
“(3) Exception.—The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense.”
“9371. Air University and Space Delta 13: civilian faculty members.”.
“(3) Additional report.—Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following:
“(A) The number and type of appointments made under this section between August 13, 2018, and the date of the report.
“(B) Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report.
“(C) An assessment of the utility of the appointment authority and process under this section.
“(D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018.
“(E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service.”
; and
“(4) The term ‘spouse of an employee of the Department of Defense’ means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty.”
; and
“(3) a spouse of an employee of the Department of Defense.”
“3330d. Appointment of military and Department of Defense civilian spouses.”.
Ҥ 127d. Support of special operations for irregular warfare
“(a) Authority.—The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces.
“(b) Funds.—Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance.
“(c) Procedures.—
“(1) In general.—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section.
“(2) Elements.—The procedures required under paragraph (1) shall establish, at a minimum, the following:
“(A) Policy guidance for the execution of, and constraints within, activities under the authority in this section.
“(B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.
“(C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States.
“(D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights.
“(E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of—
“(i) the requirements for the use of the authority in this section; and
“(ii) activities conducted under such authority.
“(3) Notice to congress on procedures and material modifications.—The Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures.
“(d) Construction of Authority.—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following:
“(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
“(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
“(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
“(e) Limitation on Delegation.—The authority of the Secretary to make funds available under this section for support of a military operation may not be delegated.
“(f) Programmatic and Policy Oversight.—The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section.
“(g) Notification.—
“(1) In general.—Not later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing.
“(2) Elements.—A notification required by this subsection shall include the following:
“(A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported.
“(B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds.
“(C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds.
“(D) The amount obligated under the authority to provide support.
“(E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support.
“(F) The determination of the Secretary that the provision of support does not constitute any of the following:
“(i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
“(ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
“(iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
“(h) Notification of Suspension or Termination of Support.—
“(1) In general.—Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination.
“(2) Elements.—The written notice required by paragraph (1) shall include each of the following:
“(A) A description of the reasons for the suspension or termination of such support.
“(B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination.
“(C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.
“(i) Biannual Reports.—
“(1) Report on preceding fiscal year.—Not later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year.
“(2) Report on current calendar year.—Not later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted.
“(3) Elements.—Each report required by this subsection shall include the following:
“(A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report.
“(B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period.
“(C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals).
“(D) A detailed description of the support provided to the recipients under this section during such period.
“(E) The total amount obligated for support under this section during such period, including budget details.
“(F) The intended duration of support provided under this section during such period.
“(G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces.
“(H) The total amount obligated for support under this section in prior fiscal years.
“(j) Quarterly Briefings.—
“(1) In general.—Not less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of—
“(A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and
“(B) consulting with the congressional defense committees regarding such matters.
“(2) Elements.—Each briefing required by paragraph (1) shall include the following:
“(A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy.
“(B) An overview of relevant authorities and legal issues, including limitations.
“(C) An overview of irregular warfare-related interagency activities and initiatives.
“(D) A description of emerging combatant command requirements for the use of the authority provided by this section.
“(k) Irregular Warfare Defined.—Subject to subsection (d), in this section, the term ‘irregular warfare’ means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.”
“127d. Support of special operations for irregular warfare.”.
“(11) Incremental expenses (as such term is defined in section 301(5) of this title) related to security cooperation programs and activities of the Department of Defense (as such term is defined in section 301(7) of this title).”
; and
“(4) incremental expenses related to security cooperation programs and activities of the Department of Defense, as authorized by subsection (b)(11), for United States Africa Command and United States Southern Command.”
“(h) Equipment Disposition; Notice and Wait.—
“(1) The Secretary of Defense may treat as stocks of the Department of Defense—
“(A) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and
“(B) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States.
“(2) Notice and wait.—Not later than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following:
“(A) The foreign country, and specific unit, whose capacity was intended to be built under the program, and the amount, type, and purpose of the equipment that was to be provided.
“(B) An explanation why the equipment is no longer needed to support such program or another program carried out pursuant to such subsection.”
“(i) International Agreements.—
“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may—
“(A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and
“(B) enter into an agreement with a foreign country to provide such sole-source direction.
“(2) Notification.—Not later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following:
“(A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement.
“(B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement.
“(C) An assessment of the extent to which the equipment to be provided under the agreement—
“(i) responds to the needs of the foreign country; and
“(ii) can be sustained by the foreign country.
“(D) A determination as to whether the anticipated costs to be incurred under the agreement are fair and reasonable.
“(E) A certification that the agreement is in the national security interests of the United States.
“(F) Any other matter relating to the agreement, as determined by the Secretary of Defense.”
“(c) Elements.—The Program shall consist of elements relating to the development and management of the security cooperation workforce for the purposes specified in subsection (b), including the following elements on training, certification, assignment, career development, and tracking of personnel of the security cooperation workforce:
“(1) Establishment of a comprehensive system to track and account for all Department of Defense personnel in the security cooperation workforce, using systems of record in the military departments, the Office of the Secretary of Defense, the combatant commands, Defense Agencies, Department of Defense Field Activities, and the National Guard.
“(2) Establishment of a management information system, pursuant to regulations prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, to ensure that all organizations and elements of the Department provide standardized information and data to the Secretary on persons serving in security cooperation positions. Such management information system shall, at a minimum, provide for the collection and retention of information concerning the qualification, assignments, and tenure of persons in the security cooperation workforce.
“(3) Implementation and management of the security cooperation human capital initiative under subsection (e).
“(4) Establishment of a defense security cooperation service, pursuant to regulations prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, to ensure that security cooperation organizations of the United States located at overseas missions possess the requisite personnel, and that such personnel possess the skills needed, to properly perform their missions, which shall include—
“(A) members of the armed forces and civilians assigned to security cooperation organizations of United States missions overseas who are performing security cooperation functions, regardless of funding source; and
“(B) personnel of the Department of Defense performing functions in furtherance of section 515 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i).
“(5) Such other elements as the Secretary of Defense determines appropriate.”
“(d) Management.—
“(1) In general.—The Program shall be managed by the Director of the Defense Security Cooperation Agency.
“(2) Managing entity.—
“(A) Designation.—The Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate the Defense Security Cooperation University to serve as the lead entity for managing the implementation of the Program.
“(B) Duties.—The Defense Security Cooperation University shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following:
“(i) Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise.
“(ii) Providing training requirements specified at the requisite proficiency levels for each position.
“(C) Reporting.—The Secretary of Defense shall ensure that, not less frequently than semi-annually, each military department, the Office of the Secretary of Defense, and each combatant command, Defense Agency, Department of Defense Field Activity, and unit of the National Guard submits to the Defense Security Cooperation University a formal manpower document as determined by the Director of the Defense Security Cooperation Agency that—
“(i) lists each position in the security cooperation workforce of the organization concerned as determined by the Director of the Defense Security Cooperation Agency; and
“(ii) uniquely codes every position within component manpower systems for the security cooperation workforce for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency.
“(3) Security cooperation workforce management information system.—The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, the Office of the Secretary of Defense, and each combatant command, Defense Agency, Department of Defense Field Activity, and unit of the National Guard provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce.”
“(e) Security Cooperation Human Capital Initiative.—
“(1) In general.—The Secretary shall implement a security cooperation human capital initiative within the Defense Security Cooperation University to identify, account for, and manage the career progression of personnel in the security cooperation workforce.
“(2) Elements.—The security cooperation human capital initiative shall do the following:
“(A) Provide direction to the Department of Defense on the establishment of professional career paths for the personnel of the security cooperation workforce, addressing training and education standards, promotion opportunities and requirements, retention policies, and scope of workforce demands.
“(B) Provide for a mechanism to identify and define training and certification requirements for security cooperation positions in the Department and a means to track workforce skills and certifications.
“(C) Provide for a mechanism to establish a program of professional certification in Department of Defense security cooperation for personnel of the security cooperation workforce in different career tracks and levels of competency based on requisite training and experience.
“(D) Establish requirements for training and professional development associated with each level of certification provided for under subparagraph (C).
“(E) Provide for a mechanism for assigning appropriately certified personnel of the security cooperation workforce to assignments associated with key positions in connection with security cooperation programs and activities.
“(F) Identify the appropriate composition of career and temporary personnel necessary to constitute the security cooperation workforce.
“(G) Identify specific positions throughout the security cooperation workforce to be managed and assigned through the Program.
“(H) Identify career paths that provide a competency-based road map for security cooperation employees to aid in their career planning and professional development.
“(I) Develop a competency-based approach to the security cooperation workforce that enables components of the Department of Defense to incorporate competencies in recruitment and retention tools such as job analysis, position descriptions, vacancy announcements, selection assessment questionnaires, and employee training and development plans.
“(J) Align with the Department of Defense and Defense Security Cooperation Agency strategic planning, budget process, performance management goals, and metrics to ensure the appropriate workforce mix and skill sets to accomplish the security cooperation mission.
“(K) Include assessment measures intended to assess progress in implementing the security cooperation workforce using results-oriented performance measures.”
“(f) Foreign Military Sales Center of Excellence.—
“(1) Establishment.—The Secretary of Defense shall direct an educational institution of the Department of Defense with the requisite expertise in foreign military sales and in education, training, research, and analysis of the security cooperation workforce within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution.
“(2) Objectives.—The objectives of the Foreign Military Sales Center of Excellence shall include—
“(A) conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and
“(B) enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program.
“(g) Defense Security Cooperation University.—
“(1) Charter.—The Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University.
“(2) Mission.—The charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include—
“(A) management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense;
“(B) management and provision of institutional capacity-building services executed by the Department of Defense; and
“(C) advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning.
“(3) Cooperative research and development arrangements.—
“(A) In general.—In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University.
“(B) Treatment as government-operated federal laboratory.—The Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
“(4) Acceptance of research grants.—
“(A) In general.—The Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose.
“(B) Qualifying grants.—A qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose.
“(C) Entities from which grants may be accepted.—A grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
“(D) Administration of grant funds.—The Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.
“(E) Related expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants.
“(F) Regulations.—The Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this subsection.”
; and
“(k) Report on Security Cooperation Workforce.—
“(1) In general.—Not later than 2 years after the date of the enactment of this subsection, and not less frequently than once every 2 years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Department of Defense security cooperation workforce.
“(2) Elements.—Each report under paragraph (1) shall—
“(A) identify current and projected security cooperation workforce manpower requirements, including expeditionary requirements within the context of total force planning, needed to meet the security cooperation mission;
“(B) identify critical skill gaps (such as recruitment in the existing or projected workforce) and development of strategies to manage the security cooperation workforce to address those gaps;
“(C) address development, validation, implementation, and assessment of security cooperation workforce and Department-wide competencies for security cooperation and associated occupational series using the Department taxonomy;
“(D) produce a comparison between competency proficiency levels against target proficiency levels at enterprise and individual levels to identify competency gaps and gap closure strategies, for competencies needed at the time of the report and in the future;
“(E) identify any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to persons, billets or positions;
“(F) indicate relative promotion rates for security cooperation workforce personnel;
“(G) identify the funds requested or allocated for the Department of Defense security cooperation workforce and address whether such funds are sufficient to—
“(i) address the critical skill gaps identified pursuant to subparagraph (B); and
“(ii) provide incentives to recruit and retain high-quality personnel in the security cooperation workforce; and
“(H) include any other matters the Secretary of Defense determines appropriate.
“(l) Comptroller General Evaluation.—
“(1) In general.—The Comptroller General of the United States shall conduct an independent evaluation of the actions taken by the Secretary of Defense to carry out the requirements of this section.
“(2) Report.—Not later than 2 years after the date of the enactment of this subsection, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the evaluation conducted under paragraph (1). Such report shall include—
“(A) an analysis of the effectiveness of the actions taken by the Secretary to carry out the requirements of this section; and
“(B) such legislative and administrative recommendations as the Comptroller General considers appropriate to meet the objectives of this section.”
“(G) To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan.
“(H) To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan.
“(I) To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan.”
“(2) The status of all other pending or denied ex gratia payments or requests, including—
“(A) when any such request was made;
“(B) what steps the Department is taking to respond to the request;
“(C) whether the Department denied any requests for any such payment, along with the reason for such denial;
“(D) whether any such payment was refused, along with the reason for such refusal, if known; or
“(E) any other reason for which a payment was not offered or made.”
“(A) for operational preparation of the environment for operations of a confidential nature; or
“(B) to establish, develop, and maintain non-conventional assisted recovery capabilities to facilitate the recovery of United States military and civilian personnel, or other individuals, who become isolated or separated.”
; and
“(2) Such a determination”
“(b) Authorized Activities.—Activities authorized by subsection (a) may, in limited and special circumstances as determined by the Secretary of Defense, include the provision of support to foreign forces, irregular forces, groups, or individuals to conduct operational preparation of the environment and to conduct or support operations to establish, develop, and maintain non-conventional assisted recovery capabilities to facilitate the recovery of United States military and civilian personnel, or other individuals, who become isolated or separated. Such support may include limited amounts of equipment, supplies, training, transportation, or other logistical support or funding.”
“(c) Procedures.—
“(1) In general.—The authority in this section shall be exercised in accordance with such procedures as the Secretary of Defense shall establish for purposes of this section.
“(2) Elements.—The procedures required under paragraph (1) shall establish, at a minimum, each of the following:
“(A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section.
“(B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities.
“(C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States.
“(D) The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of—
“(i) the requirements for the use of the authority in this section; and
“(ii) activities conducted under such authority.
“(3) Notice to congress.—The Secretary shall notify the congressional defense committees of any material change to the procedures established under paragraph (1).”
“(1) may expend up to $40,000,000 in any fiscal year for the purposes described in subsection (a); and
“(2) may not delegate”
“(1) a description of activities carried out for the purposes described in subsection (a);
“(2) the amount of such expenditures;
“(3) an identification of the type of recipients to receive support, including foreign forces, irregular forces, groups or individuals, as appropriate;
“(4) the total amount of funds obligated for such expenditures in prior fiscal years; and”
; and
“(i) Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.—The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section.
“(j) Operational Preparation of the Environment Defined.—In this section, the term ‘operational preparation of the environment’ means the conduct of activities in likely or potential operational areas to set conditions for mission execution.”
“127f. Expenditure of funds for clandestine activities that support operational preparation of the environment and non-conventional assisted recovery capabilities.”.
“(3) to limit academic institutions identified on the list developed under subsection (c)(8)(A) from benefitting from funding provided by the Department of Defense to United States academic institutions; and”
“(7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include—
“(A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities;
“(B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance;
“(C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list;
“(D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award; and
“(E) a requirement that each awardee of funding provided by the Department shall provide to the Department an annual certification of compliance with policies promulgated pursuant to this paragraph;”
; and
“(11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include—
“(A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets;
“(B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and
“(C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence.”
; and
“(G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative.”
“(4) Sustainment and non-lethal assistance.—A program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, and supplies (including consumables).”
“(g) Definitions.—In this section the terms ‘defense services’, ‘national security forces’, and ‘training’ have the meaning given those terms in section 301 of title 10, United States Code.”
“SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
“For the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted.”
“(9) For fiscal year 2024, $300,000,000.
“(10) For fiscal year 2025, $300,000,000.”
; and
“(A) the replacement of defense articles from stocks of the Department of Defense provided to—
“(i) the Ukraine, Taiwan, or Israel; or
“(ii) foreign countries that have provided support to Ukraine, Taiwan, or Israel;”
“(B) the Department of Defense to provide materiel directly to Ukraine, Taiwan, or Israel; or”
; and
“(C) use by Ukraine, Taiwan, or Israel.”
“(6) Temporary exemption from certified cost and pricing data requirements.—
“(A) In general.—At the discretion of the Secretary of Defense, the requirements under section 3702 of title 10, United States Code, shall not apply to a covered agreement.
“(B) Application.—An exemption under subparagraph (A) shall also apply to subcontracts under prime contracts that are exempt under this paragraph.
“(C) Price reasonableness.—In awarding or modifying a covered agreement pursuant to a waiver under subparagraph (A), the Secretary of Defense shall base price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense.”
“(7) Notification.—Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercised, the relevant contract, and the estimated reductions in schedule.”
; and
“(R) 3,300 Tomahawk Cruise Missiles;
“(S) 1,100 Precision Strike Missiles (PrSM);
“(T) 550 Mark 48 Torpedoes;
“(U) 1,650 RIM–162 Evolved Sea Sparrow Missiles (ESSM);
“(V) 1,980 RIM–116 Rolling Airframe Missiles (RAM); and
“(W) 11,550 Small Diameter Bomb IIs (SDB–II).”
“(C) The Republic of Kosovo.”
; and
“(14) Any position in support of Special Inspector General for Operation Atlantic Resolve for which the Secretary determines there is a critical hiring need and shortage of candidates.”
“(e) Notification.—
“(1) In general.—Not later than 120 days after the date of the enactment of this subsection, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing—
“(A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel;
“(B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel;
“(C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and
“(D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment this subsection, as applicable.
“(2) Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.”
“(a) Designation.—
“(1) In general.—The President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including—
“(A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information;
“(B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members;
“(C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards;
“(D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members;
“(E) coordination with relevant agencies on matters described in this section; and
“(F) any other matter the President considers relevant.
“(2) Rule of construction.—If, on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator.”
“(2) Senior coordinator.—The term ‘Senior Coordinator’ means the individual designated under subsection (a).”
; and
“(4) Relevant agencies.—The term ‘relevant agencies’ means—
“(A) the Department of State;
“(B) the Department of Defense;
“(C) the Department of the Treasury;
“(D) the Department of Justice;
“(E) the United States Agency for International Development;
“(F) the Office of the Director of National Intelligence; and
“(G) any other agency the President considers relevant.”
; and
“(2) Authority of secretary of defense.—
“(A) In general.—The Secretary of Defense may further adjust the total cost of a project subsequent to a waiver by the President of the dollar amount limitation in subsection (a) if—
“(i) such total cost does not exceed the sum of—
“(I) the cost estimate for the project as required by paragraph (4)(B)(i) that is included in the notification submitted by the President pursuant to such waiver; and
“(II) the amount that is 50 percent of such cost estimate; and
“(ii) the Secretary submits to the appropriate congressional committees a notification of the exercise of the adjustment.
“(B) Scope.—The Secretary may modify the scope of a project subsequent to a waiver by the President of the dollar amount limitation in subsection (a) if the Secretary submits to the appropriate congressional committees a notification of the exercise of the modification.”
“(B) Authority of secretary of defense.—
“(i) In general.—The Secretary of Defense may further adjust the total cost of a project subsequent to a waiver by the President of the limitation under paragraph (1)(A) if—
“(I) such total cost does not exceed the sum of—
“(aa) the cost estimate for the project as required by subparagraph (C)(ii)(I) that is included in the notification submitted by the President pursuant to such waiver; and
“(bb) the amount that is 50 percent of such cost estimate; and
“(II) the Secretary submits to the appropriate congressional committees a notification of the exercise of the adjustment.
“(ii) Scope.—The Secretary may modify the scope of a project subsequent to a waiver by the President of the limitation under paragraph (1)(A) if the Secretary submits to the appropriate congressional committees a notification of the exercise of the modification.”
“(E) an assessment of Iran’s space launch vehicle program and the ability of Iran to use those technologies to develop and field an intercontinental ballistic missile;
“(F) a detailed analysis of the effectiveness of Iran’s drone forces; and
“(G) a description or estimation of the threat posed by Iran’s Islamic Revolutionary Guard Corps to European citizens or to member countries of the European Union.”
“(9) An assessment of the threat posed by Iran against United States and partner military bases, to include missile, unmanned aircraft systems, and loitering munition attacks.
“(10) An assessment of the sale, supply, or transfer of narcotics in the Middle East region by the Islamic Revolutionary Guard Corps and Iran backed groups.
“(11) An assessment of groups that are supported by Iran and designated by the United States as foreign terrorist organizations and regional military groups, including Hezbollah, Hamas, the Houthis, and the Special Groups in Iraq, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran.
“(12) An assessment of how Iran would utilize additional resources to further activities described in paragraphs (1) through (9).”
“(B) includes all branches and sub-branches of Iran’s national army or Artesh, such as its ground forces, air force, navy, and air defense forces as well as most branches of its parallel military, and the Islamic Revolutionary Guard Corps excluding its Quds-Force.”
“(H) Iranian involvement in regional narcotics trade, to include the following:
“(i) Any element of the Government of Iran, including the Islamic Revolutionary Guard Corps (in this section referred to as the ‘IRGC’) and any Iran-backed group operating in Iraq, Syria, Lebanon, or Yemen, that supports the sale, supply, or transfer of narcotics in the Middle East region.
“(ii) The benefits accrued from the sale, supply, and transfer of narcotics in the region by any element of the Government of Iran, including the IRGC and any Iran-backed groups operating in Iraq, Syria, Lebanon, or Yemen.
“(iii) All foreign terrorist organizations to or for which the IRGC, or any person owned or controlled by the IRGC, provides material support in the sale, supply, transfer, or production of captagon or other related narcotics or precursors in the Middle East and North Africa.
“(iv) Activities conducted by the IRGC in Afghanistan related to the trade of methamphetamine or opiates, including synthetic opiates.
“(v) All intercepted transfers involving the United States Fifth Fleet of narcotics from Iran or involving Iranian nationals or persons acting, or purporting to act, for or on behalf of the Government of Iran, including the IRGC.
“(I) Islamic Revolutionary Guard Corps-affiliated operatives serving in diplomatic and consular posts, cultural centers, religious institutions, and religious functions outside of Iran and actions taken by the Secretary of Defense, the Secretary of State, and the heads of the elements of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), consistent with the necessary protections for sources and methods, to reduce the influence of such operations.”
“(c) Updated Report.—Not later than 180 days after the date of the enactment of the National Defense Authorization Act of 2024, the Director of National Intelligence shall submit to the appropriate congressional committees an updated report that includes each of the matters listed in paragraphs (1) and (2) of subsection (a) and covers developments during the period beginning in June 2022 and ending on the day before the date on which the updated report is submitted.”
; and
“(N) a description of actions taken to establish or expand a comprehensive training program with Taiwan pursuant to section 5504;
“(O) a description of actions taken to establish a joint consultative mechanism with appropriate officials of Taiwan, and the multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan, pursuant to section 5506 ; and
“(P) the list compiled pursuant to section 5507(a), and a description of actions taken pursuant to sections 5507(b) and 5507(c).”
“(e) Appropriate Committees of Congress Defined.—In subsection (d), the term “appropriate committees of Congress” means—
“(1) the congressional defense committees; and
“(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.”
“(15) An update on efforts made to establish the program authorized by subsection (a) of section 1309 of the National Defense Authorization Act for Fiscal Year 2024 and an identification of any authority or resource shortfall that inhibits such efforts.”
“(f) Definitions.—In this section:
“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
“(2) Covered foreign military partner.—The term ‘covered foreign military partner’ means the following:
“(A) Vietnam.
“(B) Thailand.
“(C) Indonesia.
“(D) The Philippines.
“(E) Malaysia.”
“Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.”.
“Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.”.
“(l) AUKUS Defense Trade Cooperation.—
“(1) Determination and certification.—
“(A) In general.—Not later than 120 days after the date of the enactment of this subsection, the President shall determine and certify in writing, and include a detailed justification, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives whether Australia or the United Kingdom has—
“(i) implemented a system of export controls comparable to those of the United States that satisfies the elements of subsection (j)(2)(A)(i), (ii), (iii), and (iv) and subsection (j)(2)(B)(i), (ii) and (v) for United States-origin defense articles and defense services, and for controlling the provision of military training; and
“(ii) implemented a comparable exemption from its export controls for the United States.
“(B) Matters to be included.—
“(i) Requirements met.—If the President makes the determination that Australia or the United Kingdom meets the comparability standards of clauses (i) and (ii) of subparagraph (A), the justification required by such subparagraph shall include an assessment of how the country satisfied the specific elements described in such clauses.
“(ii) Requirements not met.—If the President makes a determination that Australia or the United Kingdom does not meet the comparability standards of clauses (i) and (ii) of subparagraph (A), the justification required by such subparagraph shall include, as applicable—
“(I) the specific elements of either such clause (i) or (ii) that were determined not to meet the comparability standards;
“(II) the specific actions the country needs to take in order to meet the comparability standards; and
“(III) the actions the United States is taking, as appropriate, to facilitate that the country is granted an exemption in a timely manner upon meeting the comparability standards.
“(C) Form.—The determination and certification described in subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
“(2) Exemption.—Upon submittal of a determination and certification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that Australia or the United Kingdom has met the comparability standards of clauses (i) and (ii) of paragraph (1)(A), and subject to the limitation in paragraph (4), the President shall immediately exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, transfers, temporary imports, and brokering activities) of defense articles and defense services between the United States and that country or among the United States, the United Kingdom, and Australia.
“(3) Reassessment.—
“(A) In general.—If the President is unable to make a determination that Australia or the United Kingdom has met the comparability standards of clauses (i) and (ii) of paragraph (1)(A) or suspends the exemption pursuant to paragraph (5), the President shall—
“(i) not less frequently than once every 120 days reassess whether the country has met those requirements;
“(ii) report the results of such reassessment in writing, and include a detailed justification, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
“(iii) report on steps the country must take to establish the exemption.
“(B) Positive reassessment.—Upon any reassessment under subparagraph (A) in which the President determines that Australia or the United Kingdom has met the comparability standards of clauses (i) and (ii) of paragraph (1)(A), the President shall immediately provide to that country an exemption described in paragraph (2).
“(C) Negative reassessment.—If the President finds in any reassessment under subparagraph (A) that Australia or the United Kingdom has not met the comparability standards of clauses (i) and (ii) of paragraph (1)(A), the written reassessment shall include, as applicable—
“(i) the specific elements of either such clauses that were determined not to be comparable;
“(ii) the specific actions the country needs to take in order to meet the comparability standards; and
“(iii) the actions the United States is taking, as appropriate, to facilitate that the country is granted an exemption in a timely manner upon meeting the comparability standards.
“(D) Form.—The reassessment described in subparagraph (A)(ii) shall be submitted in an unclassified form, but may include a classified annex.
“(4) Limitation.—An exemption described in paragraph (2) shall not apply to any activity (including exports, transfers, reexports, retransfers, temporary imports, or brokering) of defense articles and defense services between or among the United States, the United Kingdom, and Australia that—
“(A) are excluded by those countries;
“(B) are referred to in subsection (j)(1)(C)(ii); or
“(C) involve individuals or entities that are not approved by—
“(i) the Secretary of State; and
“(ii) the Ministry of Defense, the Ministry of Foreign Affairs, or other similar authority within those countries.
“(5) Temporary suspension of exemption.—
“(A) In general.—The President may suspend an exemption described in paragraph (2) with respect to Australia or the United Kingdom if the President determines and certifies in writing, and includes a detailed justification, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that—
“(i) the country has ceased to implement a system of export controls comparable to those of the United States that satisfies the elements of subsection (j)(2)(A)(i), (ii), (iii), and (iv) and subsection (j)(2)(B)(i), (ii) and (v) for United States-origin defense articles and defense services, and for controlling the provision of military training; and
“(ii) due to a substantial change in circumstance, the suspension is necessary to protect the vital national security or foreign policy interests of the United States in relation to the country concerned; or
“(iii) the country concerned has ceased to implement a comparable exemption from its export controls for the United States.
“(B) Additional matter to be included.—The justification required to be included in the determination and certification described in subparagraph (A) shall also include a description of the specific actions the United States and the country are taking to address the reasons for the suspension.
“(C) Form.—The determination and certification described in subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
“(D) Report.—If the President reissues an exemption described in paragraph (2) with respect to Australia or the United Kingdom that the President suspended pursuant to subparagraph (A), the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report stating the steps the country took that allowed the exemption to be so reinstated.
“(6) Certain requirements not applicable.—
“(A) In general.—Paragraphs (1), (2), and (3) of section 3(d) shall not apply to any export or transfer that is the subject of an exemption described in paragraph (2).
“(B) Quarterly reports.—The Secretary of State shall—
“(i) require all exports and transfers that would be subject to the requirements of paragraphs (1), (2), and (3) of section 3(d) but for the application of subparagraph (A) to be reported to the Secretary; and
“(ii) submit such reports to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives on a quarterly basis.
“(7) Sunset.—
“(A) In general.—Any exemption described in paragraph (2) shall terminate on the date that is 15 years after the date of the enactment of this subsection.
“(B) Renewal.—The Secretary of State may renew such exemption for 5 years upon a certification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such exemption is in the vital national interest of the United States with a detailed justification for such certification.”
“(c) Repair and Refurbishment of Certain Submarines.—
(1) Notwithstanding any other provision of this section, and subject to paragraph (2), the President shall determine the appropriate public or private shipyard in the United States, Australia, or the United Kingdom to perform any repair or refurbishment of a United States submarine involved in submarine security activities between the United States, Australia, and the United Kingdom.
“(2)
(A) The President may determine under paragraph (1) that repair or refurbishment described in such paragraph may be performed in Australia or the United Kingdom only if—
“(i) such repair or refurbishment will facilitate the development of repair or refurbishment capabilities in the United Kingdom or Australia;
“(ii) such repair or refurbishment will be for a United States submarine that is operating forward outside of the United States; or
“(iii) the Secretary of Defense certifies to Congress that performing such repair or refurbishment at a shipyard in Australia or the United Kingdom is required due to an exigent threat to the national security interests of the United States.
“(B) In making a determination under subparagraph (A), the President shall consider any effects of such determination on the capacity and capability of shipyards in the United States.
“(C) Not later than 15 days after the date on which the Secretary of Defense makes a certification under subparagraph (A)(iii), the Secretary shall brief the congressional defense committees on—
“(i) the threat that requires the use of a shipyard in Australia or the United Kingdom; and
“(ii) opportunities to mitigate the future potential need to leverage foreign shipyards.
“(3) Repair or refurbishment described in paragraph (1) may be carried out by personnel and contractors of the United States, the United Kingdom, or Australia in accordance with the international arrangements governing the submarine security activities described in such paragraph.”
“(d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5).”
“(g)
(1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile.
“(2)
(A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)—
“(i) as soon as practicable after the establishment of the pilot program under paragraph (1); and
“(ii) annually thereafter until the termination of the pilot program under paragraph (3).
“(B) The briefing required by subparagraph (A)(i) shall address—
“(i) the commercial best practices selected for use under the pilot program;
“(ii) how the Stockpile Manager determined which commercial best practices to select; and
“(iii) the plan of the Stockpile Manager for using such practices.
“(C) Each briefing required by subparagraph (A)(ii) shall provide a summary of—
“(i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
“(ii) how many times the Stockpile Manager has used such practices;
“(iii) the outcome of each use of such practices; and
“(iv) any savings achieved or lessons learned as a result of the use of such practices.
“(3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.
“(h) Except to the extent necessary for the national defense, the National Defense Stockpile Manager shall ensure that each program for the recovery of strategic and critical materials implemented under subsection (a)(5) operates in a manner designed to achieve positive cash flow.”
“(e) Application of Provisions Relating to Federal Advisory Committees.—Section 1013(a) of title 5, United States Code, shall not apply to the Board.”
“(E) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year;”
; and
“(G) an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and planned expenditures from the National Defense Stockpile Transaction Fund and anticipated receipts from disposal of stockpile materials, which shall include—
“(i) details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period and of anticipated receipts from the proposed disposals of stockpile materials during such period;
“(ii) details regarding materials development and research projects to be conducted during the fiscal years covered by the report using moneys in the National Defense Stockpile Transaction Fund pursuant to section 9(b)(2)(G); and
“(iii) with respect to each development and research project described in clause (ii), the report shall specify the amount planned to be expended from the National Defense Stockpile Transaction Fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used;
“(H) any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 5(a)(2) that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 5(a)(2), as appropriate; and
“(I) a summary of the implementation and findings of the pilot program established under section 6(g)(1), including—
“(i) the commercial best practices selected for use under the pilot program;
“(ii) how the National Defense Stockpile Manager determined which commercial best practices to select;
“(iii) how the National Defense Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
“(iv) the outcome of each use of such practices; and
“(v) any savings achieved or lessons learned as a result of the use of such practices.”
; and
“SEC. 15. DEVELOPMENT AND CONSERVATION OF RELIABLE SOURCES.
“(a) Duties.—Subject to subsection (d), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—
“(1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;
“(2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;
“(3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;
“(4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and
“(5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—
“(A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government;
“(B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and
“(C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.
“(b) Additional Authorities.—
“(1) Extended contracting authority.—
“(A) In general.—The term of a contract or commitment made under subsection (a) may not exceed ten years.
“(B) Preexisting contracts.—A contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract.
“(2) Matters relating to co-funding of bankable feasibility studies.—To the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials with respect to which a study was carried out under subsection (a)(5).
“(c) Proposed Transactions Included in Annual Materials Plan.—Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5(a)(2).
“(d) Availability of Funds.—The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations.
“(e) Bankable Feasibility Study Defined.—In this section, the term ‘bankable feasibility study’ means a comprehensive technical and economic study—
“(1) of the selected option for a strategic and critical materials development project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and
“(2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.”
“(3) The term ‘reliable source’ mean a citizen or business entity organized under the laws of—
“(A) the United States or any territory or possession of the United States;
“(B) a country of the national technology and industrial base, as such term is defined in section 4801 of title 10, United States Code; or
“(C) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document.”
“(f) Performance Metrics.—
(1) The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a).
“(2) The performance metrics under paragraph (1) shall include the following:
“(A) Whom the cyber capability was used against.
“(B) The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect.
“(C) Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a).”
Ҥ 391b. Strategic cybersecurity program
“(a) In General.—
(1) There is a program to be known as the ‘Strategic Cybersecurity Program’ (in this section referred to as the ‘Program’) to ensure the ability of the Department of Defense to conduct the most critical military missions of the Department.
“(2) The Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for the Program, and provide policy, direction, and oversight regarding the execution of the responsibilities of the program manager selected pursuant to subsection (c)(1).
“(b) Membership.—In addition to the office of primary responsibility for the Program under subsection (a)(2) and the program manager selected pursuant to subsection (c)(1), membership in the Program shall include the following:
“(1) The Vice Chairman of the Joint Chiefs of Staff.
“(2) The Commanders of the United States Cyber Command, United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United States Space Command, United States Transportation Command.
“(3) The Under Secretary of Defense for Acquisition and Sustainment.
“(4) The Under Secretary of Defense for Policy.
“(5) The Chief Information Officer of the Department of Defense.
“(6) The Chief Digital and Artificial Intelligence Officer of the Department of Defense.
“(7) The chief information officers of the military departments.
“(8) The Principal Cyber Advisor of the Department of Defense.
“(9) The Principal Cyber Advisors of the military departments.
“(10) Each senior official identified pursuant to subsection (i) of section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
“(11) Such other officials as may be determined necessary by the Secretary of Defense.
“(c) Program Office.—
(1) There is in the Cybersecurity Directorate of the National Security Agency a program office to support the Program by identifying threats to, vulnerabilities in, and remediations for, the missions and mission elements specified in subsection (d)(1). Such program office shall be headed by a program manager selected by the Director of the National Security Agency.
“(2) The Chief Information Officer of the Department of Defense, in exercising authority, direction, and control over the Cybersecurity Directorate of the National Security Agency, shall ensure that the program office under paragraph (1) is responsive to the requirements and direction of the program manager selected pursuant to such paragraph.
“(3) The Secretary may augment the personnel assigned to the program office under paragraph (1) by assigning personnel as appropriate from among members of any covered armed force (including the reserve components thereof), civilian employees of the Department of Defense (including the Defense Intelligence Agency), and personnel of the research laboratories of the Department of Defense, who have particular expertise in the areas of responsibility referred to in subsection (d).
“(d) Designation of Mission Elements of Program.—
(1) The Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, and the Vice Chairman of the Joint Chiefs of Staff shall identify and designate for inclusion in the Program all of the systems, critical infrastructure, kill chains, and processes, including systems and components in development, that comprise the following military missions of the Department of Defense:
“(A) Nuclear deterrence and strike.
“(B) Select long-range conventional strike missions germane to the warfighting plans of the United States European Command and the United States Indo-Pacific Command.
“(C) Offensive cyber operations.
“(D) Homeland missile defense.
“(2) The Vice Chairman of the Joint Chiefs of Staff shall coordinate the identification and prioritization of the missions and mission components, and the development and approval of requirements relating to the cybersecurity of the missions and mission components, of the Program.
“(e) Additional Responsibilities of Head of Office of Primary Responsibility.—In addition to providing policy, direction, and oversight as specified in subsection (a)(2), the head of the office of primary responsibility for the Program designated under such subsection shall be responsible—
“(1) for overseeing and providing direction on any covered statutory requirement that is ongoing, recurrent (including on an annual basis), or unfulfilled, including by—
“(A) reviewing any materials required to be submitted to Congress under the covered statutory requirement prior to such submission; and
“(B) ensuring such submissions occur by the applicable deadline under the covered statutory requirement: and
“(2) recording and monitoring the remediation of identified vulnerabilities in constituent systems, infrastructure, kill chains, and processes of the missions specified in subsection (d)(1).
“(f) Responsibilities of Program Manager.—The program manager selected pursuant to subsection (c)(1) shall be responsible for the following:
“(1) Conducting end-to-end vulnerability assessments of the constituent systems, infrastructure, kill chains, and processes of the missions specified in subsection (d)(1).
“(2) Prioritizing and facilitating the remediation of identified vulnerabilities in such constituent systems, infrastructure, kill chains, and processes.
“(3) Conducting, prior to the Milestone B approval for any proposed such system or infrastructure germane to the missions of the Program, appropriate reviews of the acquisition and system engineering plans for that proposed system or infrastructure, in accordance with the policy and guidance of the Under Secretary of Defense for Acquisition and Sustainment regarding the components of such reviews and the range of systems and infrastructure to be reviewed.
“(4) Advising the Secretaries of the military departments, the commanders of the combatant commands, and the Joint Staff on the vulnerabilities and cyberattack vectors that pose substantial risk to the missions of the Program and their constituent systems, critical infrastructure, kill chains, or processes.
“(5) Ensuring that the Program builds upon (including through the provision of oversight and direction by the head of the office of primary responsibility for the Program pursuant to subsection (e), as applicable), and does not duplicate, other efforts of the Department of Defense relating to cybersecurity, including the following:
“(A) The evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense required under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
“(B) The evaluation of cyber vulnerabilities of critical infrastructure of the Department of Defense required under section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
“(C) The activities of the cyber protection teams of the Department of Defense.
“(g) Responsibilities of Secretary of Defense.—The Secretary of Defense shall define and issue guidance on the roles and responsibilities for components of the Department of Defense other than those specified in this section with respect to the Program, including—
“(1) the roles and responsibilities of the acquisition and sustainment organizations of the military departments in supporting and implementing remedial actions;
“(2) the alignment of Cyber Protection Teams with the prioritized missions of the Program;
“(3) the role of the Director of Operational Test and Evaluation in conducting periodic assessments, including through cyber red teams, of the cybersecurity of missions in the Program; and
“(4) the role of the Principal Cyber Adviser in coordinating and monitoring the execution of the Program.
“(h) Annual Reporting.—Not later than December 31 of each year, the head of the office of primary responsibility for the Program, in coordination with the appropriate members of the Program under subsection (b), shall submit to the congressional defense committees an annual report on the efforts carried out pursuant to this section or any covered provision of law, including with respect to such efforts concerning—
“(1) the evaluation of cyber vulnerabilities of each major weapon system of the Department of Defense and related mitigation activities under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118);
“(2) the evaluation of cyber vulnerabilities of the critical infrastructure of the Department of Defense under section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note);
“(3) operational technology and the mapping of mission-relevant terrain in cyberspace under section 1505 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 394 note);
“(4) the assessments of the vulnerabilities to and mission risks presented by radio-frequency enabled cyber attacks with respect to the operational technology embedded in weapons systems, aircraft, ships, ground vehicles, space systems, sensors, and datalink networks of the Department of Defense under section 1559 of the National Defense Authorization Act for Fiscal Year 2023; and
“(5) the work of the Program in general, including information relating to staffing and accomplishments.
“(i) Annual Budget Display.—
(1) On an annual basis for each fiscal year, concurrently with the submission of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code, the head of the office of primary responsibility for the Program, in coordination with the appropriate members of the Program under subsection (b), shall submit to the congressional defense committees a consolidated budget justification display that covers all programs and activities associated with this section and any covered provision of law, including with respect to the matters listed in subsection (h).
“(2) Each display under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(3) For the purpose of facilitating the annual budget display requirement under paragraph (1), the Chief Information Officer of the Department of Defense shall provide to the head of the office of primary responsibility for the Program and the appropriate members of the Program under subsection (b) fiscal guidance on the programming of funds in support of the Program.
“(j) Definitions.—In this section:
“(1) The term ‘covered armed force’ means the Army, Navy, Air Force, Marine Corps, or Space Force.
“(2) The term ‘covered statutory requirement’ means a requirement under any covered provision of law.
“(3) The term ‘covered provision of law’ means the following:
“(A) Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
“(B) Section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
“(C) Section 1505 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 394 note).
“(D) Section 1559 of the National Defense Authorization Act for Fiscal Year 2023.”
“(b) Limitation.—Each fiscal year, the Commander of the United States Cyber Command may obligate and expend under subsection (a) not more than $16,000,000.”
“(a) Quarterly 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 quarterly 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 quarterly 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.”
; and
“(7) A detailed programmatic table of the funding for the JADC2 efforts of the Office of the Secretary of Defense and the military departments, as set forth in the budget of the President most recently submitted to Congress under section 1105 of title 31, United States Code. The information in such table shall be organized primarily by key programs, projects, and activities (such as data integration layer, joint operating system, global experimentation, and mission command applications).
“(8) A detailed summary of the lessons learned from large-scale exercises and experiments relevant to the JADC2 effort conducted during the period covered by the briefing.”
“(3) Chief digital and artificial intelligence officer governing council.—
“(A) Establishment.—The Secretary shall establish a council to provide policy oversight to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across Department of Defense missions and operations. Such council shall be known as the ‘Chief Digital and Artificial Intelligence Officer Governing Council’ (in this paragraph referred to as the ‘Council’).
“(B) Membership.—The Council shall be composed of the following:
“(i) Joint Staff J–6.
“(ii) The Under Secretary of Defense for Acquisition and Sustainment.
“(iii) The Under Secretary of Defense for Research and Evaluation.
“(iv) The Under Secretary of Defense for Intelligence and Security.
“(v) The Under Secretary of Defense for Policy.
“(vi) The Director of Cost Analysis and Program Evaluation.
“(vii) The Chief Information Officer of the Department.
“(viii) The Director of Administration and Management.
“(ix) The service acquisition executives of each of the military departments.
“(C) Head of council.—The Council shall be headed by the Chief Digital and Artificial Intelligence Officer of the Department.
“(D) Meetings.—The Council shall meet not less frequently than twice each fiscal year.
“(E) Duties of council.—The duties of the Council are as follows:
“(i) To streamline the organizational structure of the Department as such structure relates to the development, implementation, and oversight of artificial intelligence.
“(ii) To improve coordination on artificial intelligence governance with the defense industry sector.
“(iii) To issue and oversee guidance on ethical requirements and protections for the use of artificial intelligence supported by Department funding and the reduction or mitigation of instances of unintended bias in artificial intelligence algorithms.
“(iv) To identify, monitor, and periodically update appropriate recommendations for the operational use of artificial intelligence.
“(v) To review, to the extent the head of the Council considers necessary, artificial intelligence program funding, to ensure that any investment by the Department in an artificial intelligence tool, system, or algorithm adheres to each applicable policy of the Department relating to artificial intelligence.
“(vi) To provide periodic status updates on the efforts of the Department to develop and implement artificial intelligence into existing Department programs and processes.
“(vii) To issue guidance on access and distribution restrictions relating to data, models, tool sets, or testing or validation infrastructure.
“(viii) To implement and oversee an educational program on data and artificial intelligence, for the purpose of familiarizing personnel Department-wide on the applications of artificial intelligence within the respective operations of such personnel.
“(ix) To implement and oversee a scorecard to assess data decrees of the Department.
“(x) Such other duties as the Council determines appropriate.
“(F) Periodic reports.—Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, and not less frequently than once every 18 months thereafter, the Council shall submit to the Secretary and the congressional defense committees a report on the activities of the Council during the period covered by the report.”
“(6) Evaluating emerging cyber technologies, such as artificial intelligence-enabled security tools, for efficacy and applicability to the requirements of the Department of Defense.”
Ҥ 2192c. Office for academic engagement relating to cyber activities
“(a) Establishment.—The Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall establish an office to establish, maintain, and oversee the activities of the Department of Defense that pertain to the relationship between the Department and academia, including with entities involved in primary, secondary, or postsecondary education, with respect to cyber-related matters (in this section referred to as the ‘Office’).
“(b) Director.—The Office shall have a Director who shall report directly to the Chief Information Officer of the Department of Defense. An individual serving as Director, while so serving, shall be a member of the Senior Executive Service.
“(c) Responsibilities.—
(1) The Office shall be responsible for the following:
“(A) Serving as the consolidated focal point for engagements carried out between the Department of Defense and academia with respect to cyber-related matters.
“(B) Coordinating covered academic engagement programs for the Department of Defense.
“(C) Conducting ongoing analysis, as determined necessary by the Director, of the performance of cyber-related educational scholarships, camps, support efforts, and volunteer partnerships of the Department of Defense.
“(D) Identifying actions the Secretary of Defense may take to improve the cyber skills of personnel within the Department of Defense through participation by such personnel in covered academic engagement programs, for the purposes of assisting the Secretary in cyber-related matters and meeting the long-term national defense needs of the United States for personnel proficient in such skills.
“(E) Managing funds and resources for the National Centers for Academic Excellence in Cybersecurity program, the Department of Defense Cyber Scholarship Program, the National Defense University College of Information and Cyberspace, the University Consortium for Cybersecurity, the senior military colleges, and other educational partnerships between academic institutions and active components of the Armed Forces.
“(F) Establishing requirements, policies, and procedures to collect data on, and to monitor and evaluate, the performance of covered academic engagement programs with respect to the involvement in such programs by the Department of Defense.
“(G) Monitoring and evaluating through applicable performance measurements (including those established pursuant to subparagraph (F)) the performance of covered academic engagement programs with respect to the involvement in such programs by the Department of Defense, and advising the Secretary of Defense on whether to continue, modify, or terminate such involvement.
“(H) Conducting budgetary oversight and supervision, taking into consideration the findings of performance evaluations under subparagraph (G), with respect to—
“(i) the involvement in covered academic engagement programs by the Department of Defense; and
“(ii) other matters relating to the responsibilities under this subsection.
“(2) The Office shall be the office of primary responsibility for carrying out the following:
“(A) Section 2200c of title 10, United States Code.
“(B) Section 1640 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2200 note).
“(C) Section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1758).
“(D) The duties of the Secretary of Defense under section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note).
“(E) The duties of the Chief Information Officer of the Department of Defense under section 1726 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1599f note).
“(F) Section 1532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2191 note prec.).
“(G) Section 1535 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200 note).
“(H) Such other provisions of law as the Secretary of Defense may determine relevant.
“(d) Authority Relating to Compliance.—The Secretary of Defense shall take such steps as may be necessary to ensure that the Director of the Office has sufficient authority to compel and enforce compliance with any decisions or directives issued pursuant to the responsibilities under subsection (c).
“(e) Additional Authorities.—In carrying out this section, the Director of the Office may, under any provision of this chapter or any other provision of this title providing for the support of educational programs in cyber-related matters (and unless otherwise specified in such provision)—
“(1) enter into contracts and cooperative agreements, including for the purpose of supporting academic and hands-on programs for individuals transitioning into the cyber field of the Department;
“(2) make grants of financial assistance, including to civilian and military students;
“(3) provide cash awards and other items;
“(4) accept voluntary services; and
“(5) support national competition judging, other educational event activities, and associated award ceremonies in connection with covered academic engagement programs.
“(f) Relationship to Other Entities.—The Under Secretary of Defense for Research and Engineering and the Secretaries concerned shall coordinate and collaborate with the Director of the Office on covered academic engagement programs sponsored by the Under Secretary as Science, Technology, Engineering, and Mathematics (STEM) programs and activities.
“(g) Covered Academic Engagement Program Defined.—In this section, the term ‘covered academic engagement program’ means any of the following:
“(1) A primary, secondary, or post-secondary educational program with a cyber focus.
“(2) A program of the Department of Defense for the recruitment or retention of cyberspace civilian and military personnel (including scholarship programs) other than a Reserve Officers’ Training Corps program.
“(3) An academic partnership focused on establishing cyber talent among the personnel referred to in paragraph (2).”
“(h) Discharge Through Director.—In carrying out this section, the Secretary of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code.”
“(g) Discharge Through Director.—In carrying out this section, the Secretary of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code.”
“(b) Discharge Through Director.—In carrying out this section, the Chief Information Officer of the Department of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code.”
“(e) Discharge Through Director.—In carrying out this section, the Secretary of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code.”
“(p) Discharge Through Director.—In carrying out this section, the Secretary of Defense shall act through the Director of the office established under section 2192c of title 10, United States Code.”
“(c) Authority Relating to Significant Cyber Incidents.—When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143(a) of this title), under the respective jurisdiction of such Secretary, to active duty for not more than 365 consecutive days.”
“(h) Termination of Duty.—
(1) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (a), the service of all units or members so ordered to active duty may be terminated by—
“(A) order of the President; or
“(B) law.
“(2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by—
“(A) order of the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating; or
“(B) law.”
; and
“(1) The term ‘covered incident’ means—
“(A) a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;
“(B) a cyber incident involving a Department of Homeland Security information system, or a breach of a Department of Homeland Security system that involves personally identifiable information, that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States;
“(C) a cyber incident, or collection of related cyber incidents, that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or
“(D) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).”
“(p) Interagency Considerations.—
“(1) In general.—Subject to paragraph (2), a scholarship recipient may satisfy their post-award employment obligation under this section by working for an element of the intelligence community that is not part of the Department of Defense only if—
“(A) the Secretary of Defense has entered into an agreement with the head of that element authorizing the placement of scholarship recipients under the Program in positions within that element;
“(B) under such agreement, the head of that element has agreed to reimburse the Department of Defense for the scholarship program costs associated with any scholarship recipient so placed; and
“(C) the scholarship recipient has satisfied appropriate hiring criteria and security clearance requirements applicable to that element.
“(2) Limitation on percentage per graduating class.—Not more than 10 percent of each graduating class of scholarship recipients under the Program may be placed in positions not within the Department of Defense unless the Secretary of Defense submits to the congressional defense committees a certification that the Department of Defense is unable to facilitate placements in positions within the Department of Defense for such excess percentage.
“(q) Definitions.—In this section:
“(1) The term ‘head concerned’ means—
“(A) The Secretary of Defense, with respect to matters concerning the Department of Defense; or
“(B) the head of an element of the intelligence community, with respect to matters concerning that element.
“(2) The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
“(5) Minimum number of scholarship awards.—
“(A) In general.—The Secretary of Defense shall award not fewer than 1,000 scholarships under the Program in fiscal year 2026 and in each fiscal year thereafter.
“(B) Waiver.—The Secretary of Defense may award fewer than the number of scholarships required under subparagraph (A) in a fiscal year if the Secretary determines and notifies the congressional defense committees that fewer scholarships are necessary to address workforce needs.”
“(1) In general.—
“(A) Plan required.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a plan for the delegation and exercise of the acquisition authority described in subsection (a).
“(B) Demonstration required.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall provide a demonstration of operational capability delivered under such authority. In addition to the matters specified in paragraph (4), such demonstration shall include a description of—
“(i) how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities available to the Chief Digital and Artificial Intelligence Officer to further the data and artificial intelligence objectives of the Department of Defense, including an inventory of requirements and funding associated with the exercise of such acquisition authorities;
“(ii) how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities of other Federal entities to further such objectives, including an inventory of requirements and funding associated with the exercise of such acquisition authorities; and
“(iii) the challenges and benefits of using the acquisition authorities described in clauses (i) and (ii), respectively, to further such objectives.”
; and
“(h) Explosives Used by Space Launch Vehicles.—
(1) The Secretary of Defense shall delegate to the Secretary of the Air Force, who may further delegate to the Commanders of the Space Launch Deltas, the responsibilities under subsection (c) with respect to explosives used by space launch vehicles.
“(2) In this subsection, the term ‘launch vehicle’ has the meaning given such term in section 50902(11) of title 51.”
Ҥ 2275b. Requirements for appropriate classification guidance.
“(a) In General.—Before a space major defense acquisition program achieves Milestone B approval, or equivalent, the milestone decision authority shall determine whether the classification guidance for the program remains appropriate and—
“(1) if such guidance is determined to be appropriate, submit to the congressional defense committees a certification of such determination; or
“(2) if such guidance is determined to be inappropriate, initiate an update to such guidance.
“(b) Definitions.—In this section:
“(1) The term ‘Milestone B approval’ has the meaning given such term in section 4172(e)(7) of this title.
“(2) The term ‘major defense acquisition program’ has the meaning given such term in section 4201 of this title.
“(3) The term ‘space major defense acquisition program’ means a major defense acquisition program for the acquisition of a satellite, ground system, or command and control system.”
Ҥ 2276a. Special authority for provision of space launch support services to increase space launch capacity
“(a) In General.—The Secretary of a military department may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.
“(b) Provision of Launch Equipment and Services to Commercial Entities.—
“(1) Contract or other transaction authority.—The Secretary of a military department may enter into a contract or other transaction with one or more commercial entities that intend to conduct space launch activities on a military installation under the jurisdiction of the Secretary. Under such a contract or agreement, the Secretary may agree to provide to the commercial entity supplies, services, equipment, and construction needed for commercial space launch.
“(2) Costs.—
“(A) Direct costs.—If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction shall include a provision that requires the commercial entity to reimburse the Department of Defense for all direct costs to the United States that are associated with any good, service, or equipment provided to the commercial entity under the contract or other transaction.
“(B) Indirect costs.—If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary considers to be appropriate. In such a case, such contract or other transaction may provide for the reimbursement of such indirect costs through the establishment of a rate, fixed price, or similar mechanism the Secretary concerned determines is reasonable.
“(3) Retention of funds collected from commercial users.—Any amount collected from a commercial entity as a reimbursement under paragraph (2) shall be credited to the appropriations account from which the cost for which such reimbursement is provided was derived.
“(4) Regulations.—The Secretary of each of the military departments shall prescribe regulations to carry out this subsection.
“(c) Definitions.—In this section:
“(1) Space launch.—The term ‘space launch’ includes all activities, supplies, equipment, facilities, or services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for both the payload and the space transportation vehicle.
“(2) Commercial entity.—The term ‘commercial entity’ or ‘commercial’ means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.
“(d) Transition Limitations and Reporting Requirements.—For each of fiscal years 2024, 2025, and 2026, the Secretary of a military department shall—
“(1) with respect to any contract or other transaction authority entered into pursuant to subsection (b), limit the amount of the indirect costs that are reimbursable under paragraph (2)(B) of such subsection to not more than 30 percent, not to exceed $5,000,000 annually (based on fiscal year 2024 constant dollars), of the total amount of the direct costs reimbursable under paragraph (2)(A) of such subsection; and
“(2) not later than 90 days after the last day of each such fiscal year, provide for each of the congressional defense committees a briefing that includes—
“(A) an identification of the total amounts of direct and indirect costs reimbursed to each spaceport for the fiscal year covered by the report;
“(B) a description of the support provided by reimbursed indirect costs for the fiscal year covered by the report; and
“(C) an identification of the rate, fixed price, or similar mechanism, if any, used to calculate the amount of the indirect costs that are reimbursable for the fiscal year following the fiscal year covered by the report.”
“(C) The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principal Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year.”
“(2) Updates.—The Secretary shall provide for updates to the assessments, analyses, and evaluations carried out pursuant to such review. The Secretary shall submit to the appropriate congressional committees a report on any such updates concurrently with the National Defense Strategy required to be submitted to Congress under section 113(g) of title 10, United States Code.”
Ҥ 239e. Nuclear command, control, and communications: major force program and budget assessment
“(a) Establishment of Major Force Program.—The Secretary of Defense shall establish a unified major force program for nuclear command, control, and communications programs pursuant to section 222(b) of this title to prioritize such 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 2025 through 2030 a report on the budget for nuclear command, control, and communications programs of the Department of Defense.
“(2) Each report on the budget for nuclear command, control, and communications 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 nuclear command, control, and communications program), and the amounts appropriated for such nuclear command, control, and communications 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 ‘nuclear command, control, and communications programs’ means programs through which presidential authority and operational command and control of nuclear weapons is conducted, including programs that facilitate senior-level decisions on nuclear weapons employment.”
“(d) Independent Assessment by United States Strategic Command.—
“(1) In general.—Not later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, for each fiscal year the Commander of United States Strategic Command shall complete an independent assessment of any operational effects of the sufficiency of the execution, as of the date of the assessment, of the acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements.
“(2) Contents.—Each assessment required under paragraph (1) shall include an evaluation of the ongoing execution of modernization programs associated with—
“(A) the nuclear weapons design, production, and sustainment infrastructure;
“(B) the nuclear weapons stockpile;
“(C) the delivery systems for nuclear weapons; and
“(D) the nuclear command, control, and communications system.
“(3) Routing and submission.—
“(A) Submission to nuclear weapons council.—Not later than 15 days after completion of an assessment required by paragraph (1), the Commander of United States Strategic Command shall—
“(i) submit the assessment to the Chairman of the Nuclear Weapons Council; and
“(ii) notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council.
“(B) Submission to congress.—Not later than 15 days after the Chairman of the Nuclear Weapons Council receives an assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees.”
“(1) Weapon system.—For purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM–35A Sentinel intercontinental ballistic missile shall be a weapon system.”
“(e) Delegation of Authority.—The Secretary of Defense shall—
“(1) not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities as the Secretary considers necessary with respect to other components of the Department of Defense participating in the Task Force; and
“(2) not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation.”
“(g) Authorization.—For fiscal year 2024, the Secretary of Energy may carry out activities related to the development and modification of a nuclear weapon to provide near-term capabilities that address portions of the strategy required by subsection (b)(3) using amounts authorized and appropriated for the sustainment of the B83-1 nuclear gravity bomb.”
“(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.”
“(a) 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.”
“CHAPTER 25— ELECTROMAGNETIC WARFARE
“500. Electromagnetic Spectrum Operations Executive Committee.
“500a. Guidance on electromagnetic spectrum operations mission area and joint electromagnetic spectrum operations.
“500b. Annual report on electromagnetic spectrum operations strategy of the Department of Defense.
“500c. Annual assessment of budget with respect to electromagnetic spectrum operations capabilities.
“500d. Electromagnetic spectrum superiority implementation plan.
“500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations.
“500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions.
Ҥ 500. Electromagnetic Spectrum Operations Executive Committee
“(a) In General.—There is within the Department of Defense an Electromagnetic Spectrum Operations Executive Committee (in this section referred to as the ‘Executive Committee’).
“(b) Purposes.—The Executive Committee shall—
“(1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electromagnetic warfare;
“(2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and
“(3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters.
“(c) Responsibilities.—The Executive Committee shall—
“(1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electromagnetic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure;
“(2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electromagnetic warfare capabilities by—
“(A) aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and
“(B) carrying out other related duties; and
“(3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electromagnetic warfare and electromagnetic spectrum operations and other related matters.
“(d) Coordination With Intelligence Community.—The Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to capabilities and acquisition activities related to electromagnetic spectrum operations in areas of dependency or mutual interest.
“(e) Meetings.—
(1) The Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues.
“(2) The Executive Committee may hold meetings by video conference.
“(f) Membership.—The Executive Committee shall be composed of the following principal members:
“(1) The Under Secretary of Defense for Acquisition and Sustainment.
“(2) The Vice Chairman of the Joint Chiefs of Staff.
“(3) The Under Secretary of Defense for Intelligence and Security.
“(4) The Under Secretary of Defense for Policy.
“(5) The Commander of the United States Strategic Command.
“(6) The Chief Information Officer of the Department of Defense.
“(7) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015.
“(g) Co-chairs of Executive Committee.—
(1) The Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee.
“(2) The co-chairs of the Executive Committee shall—
“(A) preside at all Executive Committee meetings or have their designees preside at such meetings;
“(B) provide administrative control of the Executive Committee;
“(C) jointly guide the activities and actions of the Executive Committee;
“(D) approve all agendas for and summaries of meetings of the Executive Committee;
“(E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and
“(F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee.
“(h) Electromagnetic Spectrum Operations Capability Team.—
(1) There is within the Executive Committee an electromagnetic spectrum operations capability team, which shall—
“(A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and
“(B) in that capacity—
“(i) provide initial senior level coordination on key electromagnetic spectrum operations issues;
“(ii) prepare recommended courses of action to present to the Executive Committee; and
“(iii) perform other related duties.
“(2) The electromagnetic spectrum operations capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8).
“(3) The principal members of the Executive Committee shall designate representatives from their respective staffs to the electromagnetic spectrum operations capability team.
“(i) Mission Area Working Groups.—
(1) The Executive Committee shall establish mission area working groups on a temporary basis—
“(A) to address specific issues and mission areas relating to electromagnetic spectrum operations;
“(B) to involve subject matter experts and components of the Department of Defense with expertise in electromagnetic spectrum operations; and
“(C) to perform other related duties.
“(2) The Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved.
“(j) Administration.—The Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee.
“(k) Report to Congress.—Not later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year.
Ҥ 501. Guidance on electromagnetic spectrum operations mission area and joint electromagnetic spectrum operations
“The Secretary of Defense shall—
“(1) establish processes and procedures to develop, integrate, and enhance the electromagnetic spectrum operations mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and
“(2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.
Ҥ 502. Annual report on electromagnetic spectrum operations strategy of the Department of Defense
“(a) In General.—At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chief Information Officer of the Department of Defense, the Chairman of the Joint Chiefs of Staff, and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the Electromagnetic Spectrum Superiority Strategy of the Department of Defense.
“(b) Contents of Report.—Each report required under subsection (a) shall include each of the following:
“(1) A description and overview of—
“(A) the electromagnetic spectrum strategy of the Department of Defense;
“(B) how such strategy supports the national defense strategy under section 113(g) of this title; and
“(C) the organizational structure assigned to oversee the development of the Department’s electromagnetic spectrum strategy, requirements, capabilities, programs, and projects.
“(2) A list of all the electromagnetic spectrum operations acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department’s electromagnetic spectrum strategy.
“(3) For each unclassified program or project on the list required by paragraph (2)—
“(A) the senior acquisition executive and organization responsible for oversight of the program or project;
“(B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements;
“(C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding;
“(D) the development or procurement schedule for the program or project;
“(E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same;
“(F) the technology readiness level of each critical technology that is part of the program or project;
“(G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and
“(H) the capability gap that the program or project is being developed or procured to fulfill.
“(4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2).
Ҥ 503. Annual assessment of budget with respect to electromagnetic spectrum operations capabilities
“At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Electromagnetic Spectrum Operations Executive Committee as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following:
“(1) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.
“(2) The establishment and operation of associated joint electromagnetic spectrum operations cells.
Ҥ 504. Electromagnetic spectrum superiority implementation plan
“(a) In General.—The Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan.
“(b) Report Required.—Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan:
“(1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan.
“(2) A statement of the elements of the implementation plan that have been achieved.
“(3) For each element that has been achieved, an assessment of whether the element is having its intended effect.
“(4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress.
“(5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element.
“(6) Such additional matters as the Chief Information Officer considers appropriate.
“(c) Electromagnetic Superiority Implementation Plan Defined.—In this section, the term ‘electromagnetic superiority implementation plan’ means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan.
Ҥ 505. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations
“(a) In General.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the ‘operational lead’) at the United States Strategic Command. The operational lead shall report to the Commander of the United States Strategic Command.
“(b) Function.—The operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations.
“(c) Briefings Required.—Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall provide to the congressional defense committees a briefing on the following:
“(1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability.
“(2) The readiness of the combatant commands to conduct such operations.
“(3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies.
“(4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations.
Ҥ 506. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions
“(a) Evaluations of Armed Forces.—
(1) Not later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following:
“(A) The Electromagnetic Spectrum Superiority Strategy.
“(B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations.
“(C) The operations and contingency plans of the combatant commands.
“(2) Not later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred.
“(3) Each evaluation under paragraph (1) shall include an assessment of the following:
“(A) Current programs of record, including—
“(i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and
“(ii) the ability of electromagnetic attack with capabilities to disrupt adversary operations.
“(B) Future programs of record, including—
“(i) the need for distributed or network-centric electromagnetic warfare and signals intelligence capabilities; and
“(ii) the need for automated and machine learning- or artificial intelligence-assisted electromagnetic spectrum operations capabilities.
“(C) Order of battle.
“(D) Individual and unit training.
“(E) Tactics, techniques, and procedures, including—
“(i) maneuver, distribution of assets, and the use of decoys; and
“(ii) integration of non-kinetic and kinetic fires.
“(F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1).
“(b) Evaluations of Combatant Commands.—
(1) Not later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the ‘operational lead’), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following:
“(A) The Electromagnetic Spectrum Superiority Strategy.
“(B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations.
“(2) Each evaluation under paragraph (1) shall include an assessment, as relevant, of the following:
“(A) Operation and contingency plans.
“(B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells.
“(C) Mission rehearsal and exercises.
“(D) Force positioning, posture, and readiness.
“(3) Not later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.”
“25. Electronic Warfare 500”.
“Subtitle F— Alternative Military Personnel Systems
“PART I— SPACE FORCE
“CHAPTER 2001— SPACE FORCE PERSONNEL SYSTEM
“20001. Single military personnel management system.
“20002. Members: duty status.
“20003. Members: minimum service requirement as applied to Space Force.
Ҥ 20001. Single military personnel management system
“Members of the Space Force shall be managed through a single military personnel management system, without component.”
. “Chap.
“2001. Space Force Personnel System 20001
“2003. Status and Participation 20101
“2005. Officers 20201
“2007. Enlisted Members. 20301
“2009. Retention and Separation Generally 20401
“2011. Separation of Officers for Substandard Performance of Duty or for Certain Other Reasons 20501
“2013. Retirement 20601”.
“(e) Space Force.—The following definitions relating to members of the Space Force apply in this title:
“(1) The term ‘space force active status’ means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
“(2) The term ‘space force inactive status’ means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a space force inactive status.
“(3) The term ‘space force retired status’ means the status of a member of the Space Force who—
“(A) is receiving retired pay ; or
“(B) but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.
“(4) The term ‘sustained duty’ means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force—
“(A) in the case of an officer—
“(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or
“(ii) with the consent of the officer; and
“(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement.”
Ҥ 20002. Members: duty status
“Under regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses:
“(1) Space Force active status.
“(2) Space Force inactive status.
“(3) Space Force retired status.
Ҥ 20003. Members: minimum service requirement as applied to Space Force
“(a) Inapplicability of Active/reserve Service Distinction.—In applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable.
“(b) Treatment Upon Transfer Out of Space Force.—A member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers.”
“CHAPTER 2003— STATUS AND PARTICIPATION
“20101. Members in Space Force active status: amount of annual training or active duty service required.
“20102. Individual ready guardians: designation; mobilization category.
“20103. Members not on sustained duty: agreements concerning conditions of service.
“20104. Orders to active duty: with consent of member.
“20105. Sustained duty.
“20106. Orders to active duty: without consent of member.
“20107. Transfer to inactive status: initial service obligation not complete.
“20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors.
“20109. Policy for order to active duty based upon determination by Congress.
Ҥ 20101. Members in Space Force active status: amount of annual training or active duty service required
“Except as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a space force active status who is not serving on sustained duty shall be required to—
“(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or
“(2) serve on active duty for training for not more than 30 days during each year.
Ҥ 20102. Individual ready guardians: designation; mobilization category
“(a) In General.—Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a space force active status as an Individual Ready Guardian.
“(b) Mobilization Category.—
“(1) In general.—Among members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a ‘mobilization category’) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title.
“(2) Limitations on placement in mobilization category.—A member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless—
“(A) the member volunteers to be placed in that mobilization category; and
“(B) the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member.
“(3) Limitation on time in mobilization category.—A member of the Space Force in a space force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service.
“(4) Designation of grades and military skills or specialties.—The Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category.
“(5) Benefits.—A member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense.
Ҥ 20103. Members not on sustained duty: agreements concerning conditions of service
“(a) Agreements.—The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty—
“(1) requiring the member to serve on active duty for a definite period of time;
“(2) specifying the conditions of the member’s service on active duty; and
“(3) for a member serving in a space force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member.
“(b) Conditions of Service.—An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing—
“(1) what conditions of service may be specified in the agreement;
“(2) the obligations of the parties; and
“(3) the consequences of failure to comply with the terms of the agreement.
“(c) Authority for Retention on Active Duty During War or National Emergency.—If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.
Ҥ 20104. Orders to active duty: with consent of member
“(a) Authority.—A member of the Space Force who is serving in a space force active status and is not on sustained duty, or who is serving in a space force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member:
“(1) Section 12301(d), relating to orders to active duty at any time with the consent of the member.
“(2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters.
“(3) Section 12322, relating to active duty for health care.
“(4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault.
“(b) Applicable Provisions of Law.—The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member:
“(1) Section 12308, relating to retention after becoming qualified for retired pay.
“(2) Section 12309, relating to use of Reserve officers in expansion of armed forces.
“(3) Section 12313, relating to release of reserve members from active duty.
“(4) Section 12314, relating to kinds of duty.
“(5) Section 12315, relating to duty with or without pay.
“(6) Section 12316, relating to payment of certain Reserves while on duty.
“(7) Section 12318, relating to duties and funding of reserve members on active duty.
“(8) Section 12320, relating to grade in which ordered to active duty.
“(9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.
Ҥ 20105. Sustained duty
“(a) Enlisted Members.—An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a space force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement.
“(b) Officers.—
“(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a space force active status to sustained duty—
“(A) with the consent of the officer; or
“(B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law.
“(2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.
Ҥ 20106. Orders to active duty: without consent of member
“(a) Members in a Space Force Active Status.—
“(1) A member of the Space Force in a space force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.
“(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1).
“(3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title.
“(b) Members in a Space Force Inactive Status.—
“(1) A member of the Space Force in a space force inactive status may be ordered to active duty under—
“(A) the provisions of chapter 1209 of this title;
“(B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and
“(C) the terms of any agreement entered into by the member under section 20103 of this title.
“(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a space force inactive service when ordered to active duty.
“(c) Members in a Space Force Retired Status.—
“(1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a space force retired status.
“(2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a space force retired status when ordered to active duty.
“(3) The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a space force retired status who is ordered to active duty.
“(d) Other Applicable Provisions.—The following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty:
“(1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation.
“(2) Section 12308, relating to retention after becoming qualified for retired pay.
“(3) Section 12313, relating to release from active duty.
“(4) Section 12314, relating to kinds of duty.
“(5) Section 12315, relating to duty with or without pay.
“(6) Section 12316, relating to payment of certain Reserves while on duty.
“(7) Section 12317, relating to theological students; limitations.
“(8) Section 12320, relating to grade in which ordered to active duty.
Ҥ 20107. Transfer to inactive status: initial service obligation not complete
“(a) General Rule.—A member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating space force active status, be transferred to a space force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title.
“(b) Exception.—Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title.
Ҥ 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors
“For the purposes of laws providing pay and benefits for members of the armed forces and their dependents and beneficiaries:
“(1) Military training, duty, or other service performed by a member of the Space Force in a space force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component.
“(2) Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component.
“(3) Active duty performed by a member of the Space Force in a space force active status not on sustained duty shall be considered active duty as a member of a reserve component.
“(4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component.
Ҥ 20109. Policy for order to active duty based upon determination by Congress
“Whenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed.”
“CHAPTER 2005— OFFICERS
“SUBCHAPTER I— ORIGINAL APPOINTMENTS
Ҥ 20201. Original appointments: how made
“(a) In General.—The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force.
“(b) Grade Upon Appointment.—
(1) The grade of a person receiving an appointment under this section who at the time of appointment is credited with service under section 20203 of this title shall be determined under regulations prescribed by the Secretary of the Defense based upon the amount of service credited.
“(2) The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component shall be determined under section 20203(e) of this title.
Ҥ 20202. Original appointments: qualifications
“(a) In General.—An original appointment as a commissioned officer in the Space Force may be given only to a person who—
“(1) is a citizen of the United States;
“(2) is at least 18 years of age; and
“(3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation.
“(b) Exception.—A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.
Ҥ 20203. Original appointments: service credit
“(a) In General.—The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.
“(b) Credit for Prior Service.—
(1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person shall be credited at the time of such appointment with any commissioned service (other than service as a commissioned warrant officer) that the person performed before such appointment—
“(A) as a Space Force officer on active duty or in a space force active status; or
“(B) as a regular officer, or as a reserve officer in an active status, in any uniformed service.
“(2) The regulations prescribed by the Secretary of Defense under section 533 of this title shall apply to the Space Force to authorize the Secretary of the Air Force to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1).
“(b) Credit for Education, Training, and Experience.—
(1) Under regulations prescribed by the Secretary of the Air Force, the Secretary shall credit a person who is receiving an original appointment in a commissioned grade in the Space Force and who has advanced education, training, or special experience with constructive service for such education, training, or experience in a particular officer career field as designated by the Secretary of the Air Force, if such education, training, or experience is directly related to the operational needs of the Space Force.
“(2)
(A) The Secretary may credit a person with constructive service under this subsection for each instance of relevant advanced education or training or special experience regardless of whether two or more such instances are concurrent.
“(B) The Secretary may not credit more than 20 persons with an amount of constructive credit under this paragraph in any year.
“(3) The amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of colonel.
“(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.
“(5) Not later than December 1 of each year, the Secretary of the Air Force shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the amount of constructive service credited under this subsection during the preceding calendar year.
“(c) Authorized Use of Constructive Credit.—Constructive service credited an officer under subsection (b) shall be used only for determining the officer’s—
“(1) initial grade;
“(2) rank in grade; and
“(3) service in grade for promotion eligibility.
“(d) Exclusion for Graduates of the Service Academies.—A graduate of a Service Academy (as such term is defined in section 347 of this title) is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Service Academy.
“(e) Reserve Officers.—A reserve officer (other than a warrant officer) who receives an original appointment as an officer in the Space Force shall—
“(1) in the case of an officer on the active-duty list of an armed force immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and
“(2) in the case of an officer not on the active-duty list immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment.
“(f) Continuity of Existing Delegation of Presidential Appointment Functions.—Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under section 531(a) of this title shall apply in the same manner to functions of the President under section 20201 of this title.”
“SUBCHAPTER II— SELECTION BOARDS
Ҥ 20211. Convening of selection boards
“(a) In General.—Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.
“(b) Exception for Officers in Grade of First Lieutenant.—Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion.
“(c) Selection Boards for Early Retirement or Discharge.—The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title.
“(d) Regulations.—The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.
Ҥ 20212. Composition of selection boards
“(a) Appointment and Composition of Boards.—
“(1) In general.—Members of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a space force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a space force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable.
“(2) Representation from competitive categories.—
(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board.
“(B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board.
“(3) Retired officers.—If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board—
“(A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and
“(B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in the Space Force or in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.
“(4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations.—A retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
“(b) Limitation on Membership on Consecutive Boards.—
“(1) General rule.—Except as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same competitive category and grade.
“(2) Exception for general officer boards.—Paragraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general.
“(c) Joint Qualified Officers.—
(1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.
“(2) Paragraph (1) applies with respect to an officer who—
“(A) is serving on, or has served on, the Joint Staff; or
“(B) is a joint qualified officer.
“(3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.
Ҥ 20213. Notice of convening of selection boards
“(a) Notice to Eligible Officers.—At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall—
“(1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or
“(2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification.
“(b) Communication From Officers.—An officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection.
“(c) Notice of Intent of Certain Officers To Serve on or Off Active Duty.—An officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off sustained duty if promoted to the grade of brigadier general or major general, respectively.
Ҥ 20214. Information furnished to selection boards
“The provisions of section 615 of this title shall apply to information furnished to selection boards.
Ҥ 20215. Recommendations for promotion by selection boards
“(a) Board to Recommend Officers Best Qualified for Promotion.—A selection board convened under section 20211 of this title shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Space Force for officers with particular skills (as noted in the guidelines or information furnished the board under section 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board.
“(b) Number to Be Recommended.—The Secretary of the Air Force shall establish the number of officers such a selection board may recommend for promotion from among officers being considered.
“(c) Board Procedures for Recommendations; Limitations.—A selection board convened under section 20211 of this title may not recommend an officer for promotion unless—
“(1) the officer receives the recommendation of a majority of the members of the board;
“(2) a majority of the members of the board finds that the officer is fully qualified for promotion; and
“(3) a majority of the members of the board, after consideration by all members of the board of any adverse information about the officer that is provided to the board under section 615 of this title, finds that the officer is among the officers best qualified for promotion to meet the needs of the Space Force consistent with the requirement of exemplary conduct set forth in section 9233 of this title.
“(d) Limitation on Promotions Under Other Authority.—Except as otherwise provided by law, a Space Force officer may not be promoted to a higher grade under this chapter unless the officer is considered and recommended for promotion to that grade by a selection board convened under this chapter or, in the case of an officer transferring into the Space Force from another armed force, chapter 36 or chapter 1403 of this title.
“(e) Disclosure of Board Recommendations.—The recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary of Defense. Those recommendations may not be disclosed to a person not a member of the board (or a member of the administrative staff designated by the Secretary of the Air Force to assist the board) until the written report of the recommendations of the board, required by section 617 of this title, is signed by each member of the board.
“(f) Prohibition on Attempting to Influence Members of a Board.—The Secretary of the Air Force, and an officer or other official exercising authority over any member of a selection board, may not—
“(1) censure, reprimand, or admonish the selection board or any member of the board with respect to the recommendations of the board or the exercise of any lawful function within the authorized discretion of the board; or
“(2) attempt to coerce or, by any unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommendations.
“(g) Higher Placement on Promotion List of Officer of Particular Merit.—
(1) In selecting the officers to be recommended for promotion, a selection board shall, when authorized by the Secretary of the Air Force, recommend officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.
“(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary of the Air Force establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.
“(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend, pursuant to guidelines and procedures prescribed by the Secretary, the order in which those officers should be placed on the list.
Ҥ 20216. Reports of selection boards
“(a) In General.—Each selection board convened under section 20211 of this title shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying—
“(1) that the board has carefully considered the record of each officer whose name was furnished to it under section 615 of this title; and
“(2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the Space Force (as noted in the guidelines or information furnished the board under section 615(b) of this title) among those officers whose names were furnished to the selection board.
“(b) Officers Who Should Be Required to Show Cause for Retention.—A selection board convened under section 20211 of this title shall include in its report the name of any officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under section 20503 of this title to show cause for the officer’s retention in a space force active status.
“(c) Officers Recommended to Be Placed Higher on the Promotion List.—A selection board convened under section 20211 of this title shall, when authorized under section 20214(g) of this title, include in its report the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.
“(d) Recommendation for Officers to Be Excluded From Future Consideration for Promotion.—A selection board convened under section 20211 of this title may include in its report a recommendation that an officer considered by the board be excluded from future consideration for promotion under this chapter.
Ҥ 20217. Action on reports of selection boards for promotion to brigadier general or major general
“(a) In General.—After reviewing a report received under section 20215 of this title recommending officers on the Space Force officer list for promotion to the grade of brigadier general or major general, but before submitting the report to the Secretary of Defense, the Secretary of the Air Force may, under regulations prescribed by the Secretary of the Air Force, adjust the placement of officers as recommended in the report in order to ensure that sufficient number of officers on both sustained and non-sustained duty are promoted to meet the requirements of the Space Force to fill general officer vacancies.
“(b) Report.—Whenever the Secretary of the Air Force uses the authority under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report informing the committees that the authority has been used and the reason for the use of the authority.
“SUBCHAPTER III— PROMOTIONS
Ҥ 20231. Eligibility for consideration for promotion: general rules
“(a) In General.—
“(1) Requirement to be on space force officer list.—An officer is eligible under this chapter for consideration for promotion by a selection board convened under section 14101(a) of this title only if the officer is on the Space Force officer list.
“(2) Authority to preclude from consideration certain officers based on time of entry on or departure from sustained duty.—The Secretary of the Air Force—
“(A) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and
“(B) may, by regulation, provide for the exclusion from consideration for promotion by a selection board of an officer otherwise eligible to be considered by the board who has an established date for removal from the Space Force officer list that is not more than 90 days after the date on which the board is to be convened.
“(b) Certain Officers Not to Be Considered.—A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers:
“(1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or section 20151 of this title, under section 14101 or 14502 of this title, or under chapter 36 of this title.
“(2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under a provision referred to in paragraph (1), in the case of such a report that has not yet been approved by the President.
“(3) An officer who has been nominated by the President for promotion to that grade under any other provision of law, if that nomination is pending before the Senate.
“(4) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title.
“(5) An officer excluded under 20232 of this title.
“(6) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 20234 of this title.
“(c) Certain Colonels.—
“(1) Authority to preclude from consideration.—The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who—
“(A) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and
“(B) are determined, in accordance with standards and procedures prescribed pursuant to paragraph (2), as not being exceptionally well qualified for promotion.
“(2) Regulations.—If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions:
“(A) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board.
“(B) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer.
“(C) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board.
“(D) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations.
“(E) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer’s official military personnel records that has been described in the notice provided the officer as required pursuant to subparagraph (C), and any communication to the board received from that officer before the board convenes.
“(d) Brigadier Generals.—
“(1) Officers not on space force officer list.—A brigadier general who is not eligible for consideration for promotion because the officer is not on the Space Force officer list (as required by paragraph (1) of subsection (a) for such eligibility) is nevertheless eligible for consideration for promotion to the grade of major general by a selection board convened under section 20211(a) of this title if—
“(A) as of the date of the convening of the promotion board, the officer has been in an inactive status for less than the minimum threshold established in paragraph (2) of subsection (a); and
“(B) immediately before the date of the officer’s most recent transfer to an inactive status, the officer had continuously served on the Space Force officer list for at least one year.
“(2) Officers not meeting minimum participation threshold.—A brigadier general who is on the Space Force officer list but who is not eligible for consideration for promotion because the officer’s service does not meet the minimum participation threshold established under subsection (a)(2) is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under section 20211(a) of this title if—
“(A) the officer was transferred from an inactive status to the reserve active-status list during the one-year period preceding the date of the convening of the promotion board;
“(B) immediately before the date of the officer’s most recent transfer to an active status, the officer had been in an inactive status for less than one year; and
“(C) immediately before the date of the officer’s most recent transfer to an inactive status, the officer had continuously served for at least one year on the reserve active-status list or the active-duty list (or a combination of the reserve active-status list and the active-duty list).
“(e) Officers on Educational Delay.—An officer on the Space Force officer list is ineligible for consideration for promotion, but shall remain on the Space Force officer list, while the officer—
“(1) is pursuing a program of graduate level education in an educational delay status approved by the Secretary concerned; and
“(2) is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.
“(f) Certain Officers Not to Be Considered for Selection for Promotion.—The Secretary of the Air Force may provide that an officer who is in a space force active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section, shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the Space Force officer list.
Ҥ 20232. Authority to allow officers to opt out of selection board consideration
“(a) Authority.—The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade.
“(b) Criteria.—The Secretary may only approve a request under subsection (a) as follows:
“(1) Completion of certain assignments.—If—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, an advanced education assignment, another assignment of significant value to the Department, or a career progression requirement delayed by such an assignment;
“(B) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.
“(2) Completion of certain education.—If—
“(A) the basis for the request is to allow an officer to complete advanced education or professional military education;
“(B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in current position and grade; and
“(C) the officer has not previously opted out of a promotion board under this section.
“(3) Service in critical skill position.—If—
“(A) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade;
“(B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and
“(C) the officer has not previously opted out of a promotion board under this section.
Ҥ 20233. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions
“(a) General Rule.—An officer on the Space Force officer list may not be appointed to the grade of brigadier general unless the officer has been designated as a joint qualified officer in accordance with section 661 of this title.
“(b) Exceptions.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:
“(1) When necessary for the good of the service.
“(2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist.
“(3) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a joint duty assignment if—
“(A) the officer’s total consecutive service in joint duty assignments is not less than two years; and
“(B) the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title.
“(4) In the case of an officer who—
“(A) is selected by a promotion board for appointment to the grade of brigadier general;
“(B) is not exempted under subsection (g); and
“(C) has successfully completed the education requirements prescribed in subparagraph (A) of section 661(c)(1) of this title but has not been afforded the opportunity to complete the experience requirements described in subparagraph (B) of that section.
“(c) Waiver to Be Individual.—A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer.
“(d) Special Rule for Good-of-the-service Waiver.—In the case of a waiver under subsection (b)(1), the Secretary of Defense shall provide that the first duty assignment as a general officer of the officer for whom the waiver is granted shall be in a joint duty assignment.
“(e) Limitation on Delegation of Waiver Authority.—The authority of the Secretary of Defense to grant a waiver under subsection (b)(4) may only be delegated as provided in section 619a(e) of this title.
“(f) Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which joint requirements do not exist.
“(g) Exemption.—Subsection (a) shall not apply to an officer who transfers to the Space Force from a reserve component before the first day of the sixth fiscal year beginning after the date of the enactment of this section, and who, as of the date of the transfer, is serving in the grade of major, lieutenant colonel, or colonel or, in the case of the Navy or Coast Guard, lieutenant commander, commander, or captain.
Ҥ 20234. Opportunities for consideration for promotion
“(a) Specification of Number of Opportunities for Consideration for Promotion.—The Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain .
“(b) Limited Authority of Secretary of the Air Force to Modify Number of Opportunities.—The Secretary of the Air Force may modify the number of opportunities for consideration for promotion to be afforded officers within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a), not more frequently than once every five years.
“(c) Authority of Secretary of Defense to Modify Number of Opportunities.—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
“(d) Limitation on Number of Opportunities Specified.—The number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
“(e) Effect of Certain Reduction in Number of Opportunities Specified.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
Ҥ 20235. Space Force officer list
“(a) Single List.—The Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a space force active status. The list shall be known as the ‘Space Force officer list’.
“(b) Order of Officers on List.—Officers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade.
“(c) Effect of Service in a Temporary Appointment.—An officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment.
Ҥ 20236. Competitive categories
“(a) Requirement to Establish Competitive Categories for Promotion.—Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.
“(b) Single Competitive Category for Promotion to General Officer Grades.—The Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general.
Ҥ 20237. Numbers to be recommended for promotion
“(a) Promotion to Grades Below Brigadier General.—
“(1) Determination of maximum number.—Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine the maximum number of officers in that competitive category that the board may recommend for promotion.
“(2) Determinations.—In order to make the determination under paragraph (1), the Secretary shall determine—
“(A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion;
“(B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and
“(C) the number of officers in a space force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration.
“(b) Promotion to Brigadier General and Major General.—
“(1) Determination of maximum numbers.—Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine the maximum number of officers serving in a space force active status on sustained duty, and the maximum number of officers serving in a space force active status not on sustained duty, that the board may recommend for promotion.
“(2) Determinations.—In order to make the determinations under paragraph (1), the Secretary shall determine—
“(A) the number of positions needed to accomplish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and
“(B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes.
Ҥ 20238. Establishment of promotion zones
“(a) In General.—Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.
“(b) Determination of Number.—The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of—
“(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years;
“(2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years;
“(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on sustained duty on the last day of each of the next five fiscal years; and
“(4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.
Ҥ 20239. Promotions: how made
“(a) Promotion Lists.—
“(1) Placement of names on promotion list.—When the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the Space Force officer list or based on particular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under section 20217 of this title.
“(2) Time of establishment of promotion list.—A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under paragraph (1).
“(b) Promotions; How Made; Order.—
“(1) Appointment authority.—Officers on a promotion list shall be promoted by appointment in the manner specified in section 20201 of this title.
“(2) Timing.—Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the Air Force.
“(3) Order.—Except as provided in subsections (e) and (f), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted.
“(4) Promotions to grade of first lieutenant.—Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force.
“(c) Promotion of First Lieutenants on an All-fully-qualified Officers List.—
(1) Except as provided in subsection (f), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force.
“(2) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter.
“(3) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.
“(4) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officer list in a grade who the Secretary of the Air Force determines—
“(A) are fully qualified for promotion to the next higher grade; and
“(B) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board.
“(5) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this subsection because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this subsection.
“(d) Date of Rank.—
“(1) General rule.—The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title.
“(2) Adjustments.—The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section 741(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting ‘Space Force officer list’ for ‘active-duty list’.
“(3) Additional pay and allowances precluded.—Except as provided in paragraph (2) or as otherwise specifically authorized by law, an officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.
“(e) Delay of Promotions to General Officer Grades to Comply With Strength Limitations.—Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to the grade of brigadier general or major general shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation.
“(f) Authority to Delay Appointments for Specified Reasons.—The provisions of section 14311 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that section to an reserve active-status list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.
Ҥ 20240. Acceptance of promotions; oath of office
“(a) Acceptance.—An officer who is appointed to a higher grade under section 20239 of this title is considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment.
“(b) Oath.—An officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 20239 of this title.
Ҥ 20241. Removal of officers from a list of officers recommended for promotion
“(a) Removal by President.—The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
“(b) Removal for Withholding of Senate Advice and Consent.—If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
“(c) Removal After 18 Months.—
(1) If an officer whose name is on a list of officers approved for promotion under section 20238(a) of this title to a grade for which appointment is required by section 20201(a) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
“(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
“(3) In this subsection, the term ‘promotion eligibility period’ means, with respect to an officer whose name is on a list of officers approved for promotion under section 20238(a) of this title to a grade for which appointment is required by section 20201(a) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
“(d) Administrative Removal.—Under regulations prescribed by the Secretary of the Air Force, if an officer on the Space Force officer list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.
“(e) Continued Eligibility for Promotion.—
(1) An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selection board convened for that officer’s grade and competitive category and the officer is promoted, the Secretary of the Air Force may, upon the promotion, grant the officer the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the Space Force officer list, as the officer would have had if the officer’s name had not been removed from the list.
“(2) If such an officer who is in a grade below the grade of colonel is not recommended for promotion by the next selection board convened for the officer’s grade and competitive category, or if the officer’s name is again removed from the list of officers recommended for promotion, or if the Senate again does not give its advice and consent to his promotion, the officer shall be considered for all purposes to have failed of selection for promotion to the next higher grade.
“(f) Applicability of Previous Executive Order.—Except as otherwise provided by the President by Executive order, any Executive order issued before the date of the enactment of this section relating to functions of the President under section 14310 of this title shall apply in the same manner to functions of the President under this section.
Ҥ 20242. Authority to vacate promotions to grade of brigadier general
“(a) Authority.—The President may vacate the appointment of a Space Force officer to the grade of brigadier general if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months.
“(b) Effect of Promotion Being Vacated.—An officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel. Upon assuming the grade of colonel under this section, the officer shall have the same position on the Space Force officer list as the officer would have had if the officer had not served in the higher grade.
Ҥ 20243. General officers ceasing to occupy positions commensurate with grade
“(a) General Officers.—Within 60 days after an officer of the Space Force on the Space Force officer list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary of the Air Force shall transfer or discharge the officer in accordance with whichever of the following the officer elects:
“(1) Transfer the officer in grade to the Space Force retired list, if the officer is qualified and applies for the transfer.
“(2) Transfer the officer in grade to a Space Force inactive status, if the officer is qualified.
“(3) Discharge the officer from the officer’s appointment and, if the officer is qualified and applies therefor, appoint the officer in the grade held by the officer as a before the officer’s appointment in a general officer grade.
“(4) Discharge the officer from the officer’s appointment.
“(b) Credit for Service in Grade.—An officer who is appointed under subsection (a)(3) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade.
“SUBCHAPTER IV— FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
Ҥ 20251. Failure of selection for promotion
“(a) In General.—Except as provided in this section, sections 14501, 14503, and 14504 and section 631 and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—
“(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and
“(2) any reference in those sections to a board convened under section 14201 or 611 of this title shall apply to a board convened under section 20211 of this title.
“(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.
“(c) Retirement Authorities.—In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.
“(d) Effect of Failure of Selection.—In the administration of this chapter pursuant to subsection (a)—
“(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title; and
“(2) any reference in section 631(a) or 632(a) of this title, or in sections 14504 through 14506 of this title, to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer on the Space Force officer list who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title.
Ҥ 20251. Special selection boards; correction of errors
“(a) Persons Not Considered by Promotion Board Because of Administrative Error.—
“(1) Convening of board.—In the case of an officer or former officer who the Secretary of the Air Force determines was not considered for selection for promotion by a selection board convened under section 20211 of this title because of administrative error, the Secretary shall convene a special selection board under this subsection to determine whether that officer or former officer should be recommended for promotion.
“(2) Board composition; oath.—Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with section 20212 of this title and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in section 14103 of this title.
“(3) Record considered by board.—A special selection board convened under paragraph (1) shall consider the record of the officer or former officer as that record would have appeared to the selection board that should have considered the officer or former officer. That record shall be compared with a sampling of the records of those officers of the same grade and competitive category who were recommended for promotion, and those officers of the same grade and competitive category who were not recommended for promotion, by that board.
“(4) Effect.—If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer in a grade below the grade of colonel whose name was referred to it for consideration, the officer or former officer shall be considered to have failed of selection for promotion.
“(b) Officers Considered but Not Selected; Material Error.—
“(1) Convening of board.—In the case of an officer or former officer who was eligible for promotion and was considered for selection for promotion by a selection board convened under section 20211 of this title but was not selected, the Secretary of the Air Force may, under regulations prescribed by the Secretary of Defense, convene a special selection board under this subsection to determine whether the officer or former officer should be recommended for promotion, if the Secretary must determine that—
“(A) the action of the selection board that considered the officer or former officer was contrary to law in a matter material to the decision of the board or involved material error of fact or material administrative error; or
“(B) the board did not have before it for its consideration material information.
“(2) Board composition; oath.—A special selection board convened under paragraph ((1) shall be appointed and composed in accordance with section 20212 of this title (including the representation of competitive categories required by that section), and the members of sch a board shall take an oath in the same manner as prescribed in section 14103 of this title.
“(3) Record considered by board.—The special selection board shall consider the record of the officer or former officer as that record, if corrected, would have appeared to the board that considered the officer or former officer. That record shall be compared with the records of a sampling of those officers of the same grade and competitive category who were recommended for promotion, and those officers of the same grade and competitive category who were not recommended for promotion, by that board.
“(4) Effect.—If a special selection board convened under paragraph (1) does not recommend for promotion a officer or former officer whose name was referred to it for consideration, the officer or former officer incurs no additional failure of selection for promotion.
“(c) Report of Board.—Each special selection board convened under this section shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing the name of each officer or former officer it recommends for promotion and certifying that the board has carefully considered the record of each officer or former officer whose name was referred to it.
“(d) Applicable Provisions.—The provisions of sections 20215 and 20216 of this title apply to the report and proceedings of a special selection board convened under this section in the same manner as they apply to the report and proceedings of a selection board convened under section 20211 of this title.
“(e) Appointment of Officers Recommended for Promotion.—
“(1) Promotion.—An officer or former officer whose name is placed on a promotion list as a result of a recommendation for promotion by a special selection board convened under this section shall, as soon as practicable, be appointed to the next higher grade in accordance with the law and policies which would have been applicable had the officer or former officer been recommended for promotion by the board which should have considered or which did consider the officer of former officer.
“(2) Status of promoted officer.—An officer who is promoted to the next higher grade as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the Space Force officer list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which should have considered, or which did consider, the officer.
“(3) Correction of military record.—If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not currently eligible for promotion or a former officer whose name was referred to it for consideration, the Secretary of the Air Force may act under section 1552 of this title to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer.
“(f) Prescribing of Circumstances for Consideration by Board.—The Secretary of Defense may prescribe by regulation—
“(1) the circumstances under which consideration by a special selection board is contingent upon application for consideration by an officer or former officer; and
“(2) time limits within which of officer or former officer must make such application in order to be considered by a special selection board under this section.
“(g) Convening of Boards.—A board convened under this section—
“(1) shall be convened under regulations prescribed by the Secretary of Defense;
“(2) shall be composed in accordance with section 20212 of this title and regulations prescribed by the Secretary of the Air Force; and
“(3) shall be subject to the provisions of section 613 of this title.
“(h) Limitation of Other Jurisdiction.—No official or court of the United States shall have power or jurisdiction—
“(1) over any claim based in any way on the failure of an officer or former officer of the armed forces to be selected for promotion by a selection board convened under this chapter until—
“(A) the claim has been referred to a special selection board by the Secretary of the Air Force and acted upon by that board; or
“(B) the claim has been rejected by the Secretary without consideration by a special selection board; or
“(2) to grant any relief on such a claim unless the officer or former officer has been selected for promotion by a special selection board convened under this section to consider the officer or former officer’s claim.
“(i) Judicial Review.—
(1) A court of the United States may review a determination by the Secretary of the Air Force under subsection (a)(1), (b)(1), or (e)(3) not to convene a special selection board. If a court finds the determination to be arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law, it shall remand the case to the Secretary, who shall provide for consideration of the officer or former officer by a special selection board under this section.
“(2) If a court finds that the action of a special selection board which considers an officer or former officer was contrary to law or involved material error of fact or material administrative error, it shall remand the case to the Secretary, who shall provide the officer or former officer reconsideration by a new special selection board.
“(j) Designation of Boards.—The Secretary of the Air Force may designate a promotion board convened under section 20201(a) of this title as a special selection board convened under this section.
Ҥ 20252a. Special selection review boards: reference
“Section 628a of this title, relating to the convening of a special selection review board when credible information of an adverse nature was not furnished to a promotion board, applies with respect to persons recommended by a selection board for promotion to a grade at or below the grade of major general in the Space Force.
Ҥ 20253. Retirement: retirement for years of service
“Sections 633 through 636 of this title shall apply to the retirement of officers on the Space Force officer list in the same manner as to officers of the Regular Air Force.
“SUBCHAPTER V— CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT; OTHER PROVISIONS
Ҥ 20261 Selection of officers for continuation on the Space Force officer list
“Section 14701 of this title shall apply in continuation or retention on the Space Force officer in the same manner as to continuation on the reserve active-status list.
Ҥ 20262. Retirement: selective early retirement
“Sections 638 and 638a of this title shall apply to the retirement of officers on the Space Force officer list in the same manner as to officers of the Regular Air Force.
Ҥ 20263. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay
“(a) Separation Pay.—An officer who is discharged under this chapter is entitled, if eligible therefor, to separation pay under section 1174 of this title.
“(b) Retired Pay.—An officer who is retired under this chapter is entitled to retired pay computed under chapter 71 or 1223 of this title, as applicable.
Ҥ 20264. Other administrative authorities
“The following provisions of this title shall apply to officers on the Space Force officer list in the same manner as to officers subject to those provisions:
“(1) Section 14518, relating to continuation of officers to complete disciplinary action.
“(2) Section 14519, relating to deferment of retirement or separation for medical reasons.
“(3) Section 14704, relating to the selective early removal from the reserve active-status list.”
“(2) In the case of the Air Force—
“(A) as captain 95;
“(B) as major, 305;
“(C) as lieutenant colonel, 165; and
“(D) as colonel, 75.
“(3) In the case of the Space Force—
“(A) as captain, 5;
“(B) as major, 20;
“(C) as lieutenant colonel, 10; and
“(D) as colonel, 5.”
“CHAPTER 2007— ENLISTED MEMBERS
“20301. Original enlistments: qualifications; grade.
“20302. Enlisted members: term of enlistment.
“20303. Reference to chapter 31.
Ҥ 20301. Original enlistments: qualifications; grade
“(a) Original Enlistments.—
“(1) Authority to accept.—The Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons.
“(2) Age.—A person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control.
“(b) Grade.—A person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.
Ҥ 20302. Enlisted members: term of enlistment
“(a) Term of Original Enlistments.—The Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force.
“(b) Term of Reenlistments.—The Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.
Ҥ 20303. Reference to chapter 31
“For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.”
“(e) Enlistments in the Space Force.—For enlistments in the Space Force, see sections 20301 and 20302 of this title.”
“(D) in the Space Force;”
; and
“CHAPTER 2009— RETENTION AND SEPARATION GENERALLY
“20401. Applicability of certain provisions of law related to separation.
“20402. Enlisted members: standards and qualifications for retention.
“20403. Officers: standards and qualifications for retention.
“20404. Selection of officers for early retirement or discharge.
“20404. Force shaping authority.
Ҥ 20401. Applicability of certain provisions of law related to separation
“(a) Officer Separation.—Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force.
“(b) Except as specified in this section or otherwise modified in this chapter, the provisions of sections 1169, 1170, 1171, 1173, 1174(b) 1176(a) of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force.
“(c) The provisions of section 1172 of this title pertaining to a person enlisted under section 518 of this title shall apply to an enlisted member of the Space Force.
“(d) The provisions of section 1174 of this title—
“(1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty;
“(2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and
“(3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty.
“(e) The provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty.
“(f) The provisions of section 1176 of this title—
“(1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and
“(2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a space force active status or on sustained duty.
Ҥ 20402. Enlisted members: standards and qualifications for retention
“(a) Standards and Qualifications for Retention.—The Secretary of the Air Force shall, by regulation, prescribe—
“(1) standards and qualifications for the retention of enlisted members of the Space Force; and
“(2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications.
“(b) Effect of Failure to Comply With Standards and Qualifications.—If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall—
“(1) if qualified, be transferred to Space Force inactive status;
“(2) if qualified, be retired in accordance with section 20603 of this title; or
“(3) have the member’s enlistment terminated.
Ҥ 20403. Officers: standards and qualifications for retention
“(a) Standards and Qualifications.—To be retained in an active status, a Space Force officer must—
“(1) in any applicable yearly period, attain the number of points under section 12732(a)(2) of this title that are prescribed by the Secretary of the Air Force; and
“(2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force.
“(b) Limitation on Minimum Number of Points.—The Secretary may not prescribe a minimum of more than 50 points under subsection (a).
“(c) Result of Failure to Comply.—A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.
Ҥ 20404. Selection of officers for early retirement or discharge
“(a) Consideration for Early Retirement.—The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the space force officer list as follows:
“(1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion.
“(2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion.
“(3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel—
“(A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and
“(B) whose names are not on a list of officers recommended for promotion.
“(b) Consideration for Discharge.—
“(1) The Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the space force officer list—
“(A) who have served at least one year of active status in the grade currently held;
“(B) whose names are not on a list of officers recommended for promotion; and
“(C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible.
“(2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary.
“(3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service.
“(c) Discharges and Retirements Considered to Be Involuntary.—The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.
Ҥ 20405. Force shaping authority
“(a) Authority.—The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force—
“(1) discharge an officer described in subsection (b); or
“(2) involuntarily release such an officer from sustained duty.
“(b) Covered Officers.—
“(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who—
“(A) has completed not more than six years of service as a commissioned officer in the armed forces; or
“(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer.
“(2) In this subsection, the term ‘minimum service obligation’, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.
“(c) Regulations.—The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary’s authority under this section.”
“(e) Space Force.—For a similar provision with respect to officers of the Space Force, see section 20405 of this title.”
“CHAPTER 2011— SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS
“20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons.
“20502. Retention boards.
“20503. Removal of officer: action by Secretary upon recommendation of retention board.
“20504. Rights and procedures.
“20505. Officer considered for removal: voluntary retirement or discharge.
“20506. Officers eligible to serve on retention boards.
Ҥ 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons
“(a) Procedures for Review of Record of Officers Relating to Standards of Performance of Duty.—
“(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a space force active status.
“(2) The reasons referred to in paragraph (1) are the following:
“(A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense.
“(B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force.
“(b) Procedures for Review of Record of Officers Relating to Certain Other Reasons.—
“(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a space force active status.
“(2) The reasons referred to in paragraph (1) are the following:
“(A) Misconduct.
“(B) Moral or professional dereliction.
“(C) The officer’s retention is not clearly consistent with the interests of national security.
“(c) Secretary of Defense Limitations.—Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe.
Ҥ 20502. Retention boards
“(a) Convening of Boards to Consider Officers Required to Show Cause.—The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a space force active status should be retained in a space force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title.
“(b) Fair and Impartial Hearing.—A retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a space force active status.
“(c) Effect of Board Determination Than an Officer Has Failed to Establish That the Officer Should Be Retained.—
“(1) If a retention board determines that the officer has failed to establish that the officer should be retained in a space force active status, the board shall recommend to the Secretary of the Air Force one of the following:
“(A) That the officer be transferred to an inactive status.
“(B) That the officer, if qualified under any provision of law, be retired.
“(C) That the officer be discharged from the Space Force.
“(2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a space force active status may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin such leave at any time following the officer’s receipt of the report of the retention board, including the board’s recommendation for removal from a space force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer’s case is completed or may be terminated at any earlier time.
“(d) Effect of Board Determination Than an Officer Has Established That the Officer Should Be Retained.—
“(1) If a retention board determines that the officer has established that the officer should be retained in a space force active status, the officer’s case is closed.
“(2) An officer who is required to show cause for retention in a space force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a space force active status may not again be required to show cause for retention in a space force active status under such subsection within the one-year period beginning on the date of that determination.
“(3)
(A) Subject to subparagraph (B), an officer who is required to show cause for retention in a space force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a space force active status may again be required to show cause for retention at any time.
“(B) An officer who has been required to show cause for retention in a space force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a space force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion.
“(4) In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force.
Ҥ 20503. Removal of officer: action by Secretary upon recommendation of retention board
“The Secretary of the Air Force may remove an officer from space force active status if the removal of such officer from space force active status is recommended by a retention board convened under section 20502 of this title.
Ҥ 20504. Rights and procedures
“(a) In General.—Under regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a space force active status—
“(1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a space force active status;
“(2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a space force active status;
“(3) shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and
“(4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security.
“(b) Summary of Records Withheld in Interest of National Security.—When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.
Ҥ 20505. Officer considered for removal: voluntary retirement or discharge
“(a) In General.—At any time during proceedings under this chapter with respect to the removal of an officer from a space force active status , the Secretary of the Air Force may grant a request by the officer—
“(1) for voluntary retirement, if the officer is qualified for retirement; or
“(2) for discharge in accordance with subsection (b)(2).
“(b) Retirement or Discharge.—An officer removed from a space force active status under section 20503 of this title shall—
“(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and
“(2) if ineligible for voluntary retirement under any provision of law on the date of such removal—
“(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or
“(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title.
“(c) Separation Pay for Discharged Officer.—An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.
Ҥ 20506. Officers eligible to serve on retention boards
“(a) In General.—The provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title.
“(b) Retired Air Force Officers.—
“(1) Authority.—In applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board.
“(2) Limitation.—A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.”
“CHAPTER 2013— VOLUNTARY RETIREMENT FOR LENGTH OF SERVICE
“20601. Officers: voluntary retirement for length of service.
“20602. Officers: computation of years of service for voluntary retirement.
“20603. Enlisted members: voluntary retirement for length of service.
“20604. Enlisted members: computation of years of service for voluntary retirement.
“20605. Applicability of other provisions of law relating to retirement.
Ҥ 20601. Officers: voluntary retirement for length of service
“(a) Twenty Years or More.—The Secretary of the Air Force may, upon the officer’s request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer.
“(b) Thirty Years or More.—A commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President.
“(c) Forty Years or More.—Except as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request.
Ҥ 20602. Officers: computation of years of service for voluntary retirement
“(a) Years of Active Service.—For the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer’s years of service are computed by adding all active service in the armed forces.
“(b) Reference to Section Excluding Service During Certain Periods.—Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this section any time identified with respect to that officer under that section.
Ҥ 20603. Enlisted members: voluntary retirement for length of service
“(a) Twenty to Thirty Years.—Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired.
“(b) Thirty Years or More.—An enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request.
Ҥ 20604. Enlisted members: computation of years of service for voluntary retirement
“(a) Years of Active Service.—For the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces.
“(b) Reference to Section Excluding Counting of Certain Service Required to Be Made up.—Time required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).
Ҥ 20605. Applicability of other provisions of law relating to retirement
“(a) Applicability to Members of the Space Force.—Except as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows:
“(1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force.
“(2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force.
“(3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force.
“(4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force.
“(5) Provisions pertaining to a reserve officer shall apply to an officer who is in a space force active status but not on sustained duty.
“(6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a space force active status but not on sustained duty.
“(7) Provisions pertaining to service in a regular component shall apply to service on sustained duty.
“(8) Provisions pertaining to service in a reserve component shall apply to service in a space force active status not on sustained duty.
“(9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a space force active status prior to being ordered to active duty.
“(10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title.
“(b) Provisions of Law.—The provisions of this title referred to in subsection (a) are the following:
“(1) Chapter 61, relating to retirement or separation for physical disability.
“(2) Chapter 63, relating to retirement for age.
“(3) Chapter 69, relating to retired grade.
“(4) Chapter 71, relating to computation of retired pay.
“(5) Chapter 941, relating to retirement from the Air Force for length of service.
“(6) Chapter 945, relating to computation of retired pay.
“(7) Chapter 1223, relating to retired pay for non-regular service.
“(8) Chapter 1225, relating to retired grade.”
“(4) A retired member of the Space Force.”
“(c) Space Force.—
(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.
“(2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member’s retirement.”
“(2) The Secretary shall maintain a retired list containing the name of—
“(A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and
“(B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade.”
“CHAPTER 915— APPOINTMENTS IN THE REGULAR AIR FORCE AND IN THE SPACE FORCE”
.
“915. Appointments in the Regular Air Force and in the Space Force 9151”.
“(1) appointment”
“(2) appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a space force active status.”
“(i) a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or
“(ii) a qualified officer of the Space Force whose prior service includes service in a space force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general.”
; and
“(B) The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is (i) a reserve component officer, or (ii) an officer of the Space Force whose prior service includes service in a space force active status other than sustained duty.”
“(2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.”
“(2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.”
“(b) Space Force.—Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a).”
“(2) Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).”
“(D) A member of the Space Force in a space force active status, not on sustained duty.”
; and
“(14) Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay.”
; and
“(C) the member’s initial entrance on active duty or into a space force active status.”
“(B) after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and”
“(D) to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days.”
“(d) Members of the Space Force.—A member of the Space Force in a space force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve.”
; and
“(5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and
“(6) in the case of an enlisted member of the Space Force, the member is—
“(A) denied reenlistment; or
“(B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.”
“(g) The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a space force active status who are not on active duty.”
“(k) Applicability to Space Force.—
(1) Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title.
“(2) Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title.”
“(c) The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.”
“113. Defense Civilian Training Corps 2200g”;
“207. Budgeting and Appropriations 3131”;
“225. [Reserved] 3271”;
“272. [Reserved] 3721”;
“287. Other Contracting Programs 3901”;
“305. Universities 4141”;
“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”; and
“383. Development, Application, and Support of Dual-Use Technologies 4831”.
“(1) Identification of installations.—The Secretary of Defense shall submit to the congressional defense committees a list of operating bases within the area of responsibility of the United States European Command ranked according to mission criticality and vulnerability to energy disruption as follows:
“(A) In the case of a main operating base, by not later than June 1, 2023.
“(B) In the case of any operating base other than a main operating base, by not later than June 1, 2024.”
; and
Ҥ 148. U.S. Hostage and Wrongful Detainee Day
“(a) Designation.—March 9 is U.S. Hostage and Wrongful Detainee Day.
“(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.”
“147. Choose Respect Day.
“148. U.S. Hostage and Wrongful Detainee Day.”.
Ҥ 904. Hostage and Wrongful Detainee flag
“(a) Designation.—The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad.
“(b) Required Display.—
“(1) In general.—The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2).
“(2) Days specified.—The days specified in this paragraph are the following:
“(A) U.S. Hostage and Wrongful Detainee Day, March 9.
“(B) Flag Day, June 14.
“(C) Independence Day, July 4.
“(D) Any day on which a citizen or lawful permanent resident of the United States—
“(i) returns to the United States from being held hostage or wrongfully detained abroad; or
“(ii) dies while being held hostage or wrongfully detained abroad.
“(3) Locations specified.—The locations specified in this paragraph are the following:
“(A) The Capitol.
“(B) The White House.
“(C) The buildings containing the official office of—
“(i) the Secretary of State; and
“(ii) the Secretary of Defense.
“(c) Display To Be in a Manner Visible to the Public.—Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public.
“(d) Limitation.—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.”
“904. Hostage and Wrongful Detainee flag.”.
“(C) the Assistant Secretary of Labor for Veterans’ Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and
“(D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee.”
“(3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness.”
“(6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee.”
; and
“(5) The term ‘Federal agency’ means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.”
; and
“(13) The term ‘uniformed services’ has the meaning given the term in section 101(a) of title 10, United States Code.”
; and
“(III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or
“(IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and”
; and
“(A) Limit.—
“(i) In general.—The”
“(ii) Certain responders to the september 11 attacks at the pentagon and shanksville, pennsylvania.—The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.”
“SEC. 3353. SPECIAL FUND.
“(a) In General.—There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the ‘Special Fund’), consisting of amounts deposited into the Special Fund under subsection (b).
“(b) Amount.—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.
“(c) Uses of Funds.—Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).
“(d) Remaining Amounts.—Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.
“SEC. 3354. PENTAGON/SHANKSVILLE FUND.
“(a) In General.—There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the ‘Pentagon/Shanksville Fund’), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b).
“(b) Amount.—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.
“(c) Uses of Funds.—
“(1) In general.—Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i).
“(2) Limitation on other funding.—Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).
“(d) Remaining Amounts.—Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.”