§2101. Definitions — Inbound Citations

Citations to §2101(1)

• 10 U.S.C. § 101(f)(4)(C)(iii)

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  (iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.
• 10 U.S.C. § 113(g)(1)(B)(v)

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  (v) The force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support such strategy.
• 10 U.S.C. § 113(g)(2)(A)

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  (A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as “Defense Planning Guidance”) establishing goals, priorities, including priorities relating to the current or projected risks to military installation resilience, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—

  (i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;

  (ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);

  (iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and

  (iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).
• 10 U.S.C. § 113(g)(2)(A)(ii)

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  (ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);
• 10 U.S.C. § 113(i)(1)

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  (1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.
• 10 U.S.C. § 113(i)(2)(A)

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  (A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;
• 10 U.S.C. § 113(i)(2)(B)

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  (B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;
• 10 U.S.C. § 113(i)(2)(C)

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  (C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;
• 10 U.S.C. § 113(i)(2)(D)

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  (D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and
• 10 U.S.C. § 113(i)(2)(E)

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  (E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.
• 10 U.S.C. § 113(l)(6)

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  (6) The program completion rates and program withdrawal rates of Senior Reserve Officers’ Training Corps scholarship recipients during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.
• 10 U.S.C. § 115(i)(9)

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  (9) Members of the Selected Reserve of the Ready Reserve on active duty to support programs described in section 1321(a) of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711(a)).
• 10 U.S.C. § 115(i)(12)

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  (12) Members of the National Guard on full-time National Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32.
• 10 U.S.C. § 115a(d)(2)(A)

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  (A) An assessment of the projected size and associated cost of such civilian workforce in the current year and for each year in the future-years defense program.
• 10 U.S.C. § 118(d)

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  (d) Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include—

  (1) an assessment of the materiel availability, operational availability, and materiel reliability for each major weapon system; and

  (2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments from meeting applicable materiel readiness objectives, such as infrastructure, workforce, or supply chain considerations.
• 10 U.S.C. § 118(e)

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  (e) Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness objectives required by subsection (c) through the period covered by the most recent future-years defense program. At a minimum, the Director shall provide, for each major weapon system, by designated mission, design series, variant, or class, a comprehensive estimate of the funds necessary to meet such objectives that—

  (1) have been obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year;

  (2) the Director estimates will have been obligated by subactivity group within the operation and maintenance accounts by the end of the fiscal year preceding the budget year; and

  (3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
• 10 U.S.C. § 118(e)(3)

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  (3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
• 10 U.S.C. § 118a(a)(1)

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  (1) The Secretary of Defense shall every four years conduct a comprehensive examination of the quality of life of the members of the armed forces (to be known as the “quadrennial quality of life review”). The review shall include examination of the programs, projects, and activities of the Department of Defense, including the morale, welfare, and recreation activities.
• 10 U.S.C. § 118a(c)(14)

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  (14) Other elements of Department of Defense programs and Government policies and programs that affect the quality of life of members.
• 10 U.S.C. § 118b(a)

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  (a) Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, response to risks to military installation resilience, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.
• 10 U.S.C. § 118b(b)(1)(C)

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  (C) An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements.
• 10 U.S.C. § 118b(b)(1)(J)

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  (J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.
• 10 U.S.C. § 118c(b)(2)

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  (2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including—

  (A) personnel and workforce capabilities;

  (B) facilities for research and test infrastructure;

  (C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and

  (D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded;
• 10 U.S.C. § 118c(b)(3)

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  (3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise;
• 10 U.S.C. § 119(a)(1)

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  (1) Not later than March 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs.
• 10 U.S.C. § 119(a)(2)(A)

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  (A) the total amount requested for special access programs of the Department of Defense in the President’s budget for the next fiscal year submitted under section 1105 of title 31; and
• 10 U.S.C. § 119(a)(2)(B)

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  (B) for each program in that budget that is a special access program—

  (i) a brief description of the program;

  (ii) a brief discussion of the major milestones established for the program;

  (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and

  (iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• 10 U.S.C. § 119(a)(2)(B)(i)

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  (i) a brief description of the program;
• 10 U.S.C. § 119(a)(2)(B)(ii)

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  (ii) a brief discussion of the major milestones established for the program;
• 10 U.S.C. § 119(a)(2)(B)(iii)

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  (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
• 10 U.S.C. § 119(a)(2)(B)(iv)

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  (iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• 10 U.S.C. § 119(a)(3)(A)

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  (A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and
• 10 U.S.C. § 119(a)(3)(B)

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  (B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B).
• 10 U.S.C. § 119(b)(1)

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  (1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides—

  (A) notice of the designation of the program as a special access program; and

  (B) justification for such designation.
• 10 U.S.C. § 119(b)(1)(A)

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  (A) notice of the designation of the program as a special access program; and
• 10 U.S.C. § 119(b)(2)

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  (2) A report under paragraph (1) with respect to a program shall include—

  (A) the current estimate of the total program cost for the program; and

  (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
• 10 U.S.C. § 119(b)(2)(A)

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  (A) the current estimate of the total program cost for the program; and
• 10 U.S.C. § 119(b)(2)(B)

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  (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
• 10 U.S.C. § 119(b)(3)

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  (3) In this subsection, the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection.
• 10 U.S.C. § 119(c)(1)

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  (1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
• 10 U.S.C. § 119(c)(3)

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  (3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Defense, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
• 10 U.S.C. § 119(d)

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  (d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
• 10 U.S.C. § 119(e)(2)

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  (2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the defense committees.
• 10 U.S.C. § 119(f)

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  (f) A special access program may not be initiated until—

  (1) the defense committees are notified of the program; and

  (2) a period of 30 days elapses after such notification is received.
• 10 U.S.C. § 119(f)(1)

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  (1) the defense committees are notified of the program; and
• 10 U.S.C. § 119a(a)(1)

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  (1) Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the programs being managed under alternative compensatory control measures in the Department of Defense.
• 10 U.S.C. § 119a(a)(2)(A)

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  (A) The total amount requested for programs being managed under alternative compensatory control measures in the Department in the budget of the President under section 1105 of title 31 for the fiscal year beginning in the fiscal year in which such report is submitted.
• 10 U.S.C. § 119a(a)(2)(B)

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  (B) For each program in that budget that is a program being managed under alternative compensatory control measures in the Department—

  (i) a brief description of the program;

  (ii) a brief discussion of the major milestones established for the program;

  (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and

  (iv) the estimated total cost of the program and the estimated cost of the program for—

  (I) the current fiscal year;

  (II) the fiscal year for which that budget is submitted; and

  (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• 10 U.S.C. § 119a(a)(2)(B)(i)

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  (i) a brief description of the program;
• 10 U.S.C. § 119a(a)(2)(B)(ii)

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  (ii) a brief discussion of the major milestones established for the program;
• 10 U.S.C. § 119a(a)(2)(B)(iii)

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  (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and
• 10 U.S.C. § 119a(a)(2)(B)(iv)

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  (iv) the estimated total cost of the program and the estimated cost of the program for—

  (I) the current fiscal year;

  (II) the fiscal year for which that budget is submitted; and

  (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• 10 U.S.C. § 119a(a)(2)(B)(iv)(III)

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  (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• 10 U.S.C. § 119a(a)(3)(A)

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  (A) the total amount already appropriated for the next fiscal year for programs being managed under alternative compensatory control measures in the Department, and any additional amount requested in that budget for such programs for such fiscal year; and
• 10 U.S.C. § 119a(a)(3)(B)

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  (B) for each program that is a program being managed under alternative compensatory control measures in the Department, the information specified in paragraph (2)(B).
• 10 U.S.C. § 119a(b)(1)

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  (1) Not later than February 1 each year, the Secretary shall submit to the congressional defense committees a report that, with respect to each new program being managed under alternative compensatory control measures in the Department, provides—

  (A) notice of the designation of the program as a program being managed under alternative compensatory control measures in the Department; and

  (B) a justification for such designation.
• 10 U.S.C. § 119a(b)(1)(A)

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  (A) notice of the designation of the program as a program being managed under alternative compensatory control measures in the Department; and
• 10 U.S.C. § 119a(b)(2)

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  (2) A report under paragraph (1) with respect to a program shall include—

  (A) the current estimate of the total program cost for the program; and

  (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the report.
• 10 U.S.C. § 119a(b)(2)(A)

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  (A) the current estimate of the total program cost for the program; and
• 10 U.S.C. § 119a(b)(2)(B)

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  (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the report.
• 10 U.S.C. § 119a(b)(3)

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  (3) In this subsection, the term “new program being managed under alternative compensatory control measures” means a program in the Department that has not previously been covered by a report under this subsection.
• 10 U.S.C. § 119a(c)(1)

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  (1) Whenever a change in the classification of a program being managed under alternative compensatory control measures in the Department is planned to be made, or whenever classified information concerning a program being managed under alternative compensatory control measures in the Department is to be declassified and made public, the Secretary shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
• 10 U.S.C. § 119a(c)(3)

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  (3) If the Secretary determines that because of exceptional circumstances the requirement in paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a program covered by paragraph (1), the Secretary may submit the report required by that paragraph regarding the proposed change or public announcement at any time before the proposed change or public announcement is made, and shall include in the report an explanation of the exceptional circumstances.
• 10 U.S.C. § 119a(d)

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  (d) Whenever there is a modification or termination of the policy or criteria used for designating a program as a program being managed under alternative compensatory control measures in the Department, the Secretary shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy or criteria as modified.
• 10 U.S.C. § 119a(e)(2)

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  (2) If the Secretary exercises the authority in paragraph (1), the Secretary shall provide the information described in the applicable subsection with respect to the program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.
• 10 U.S.C. § 119a(f)(1)

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  (1) Except as provided in paragraph (2), a program to be managed under alternative compensatory control measures in the Department may not be initiated until—

  (A) the congressional defense committees are notified of the program; and

  (B) a period of 30 days elapses after such notification is received.
• 10 U.S.C. § 119a(f)(1)(A)

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  (A) the congressional defense committees are notified of the program; and
• 10 U.S.C. § 119a(f)(2)

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  (2) If the Secretary determines that waiting for the regular notification process before initiating a program as described in paragraph (1) would cause exceptionally grave damage to the national security, the Secretary may begin a program to be managed under alternative compensatory control measures in the Department before such waiting period elapses. The Secretary shall notify the congressional defense committees within 10 days of initiating a program under this paragraph, including a justification for the determination of the Secretary that waiting for the regular notification process would cause exceptionally grave damage to the national security.
• 10 U.S.C. § 119a(g)(1)(A)

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  (A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or
• 10 U.S.C. § 119a(g)(1)(B)

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  (B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees.
• 10 U.S.C. § 119a(g)(2)

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  (2) In this subsection, the term “classified program” includes any special access program, alternative compensatory control measure, or any other controlled access program.
• 10 U.S.C. § 127(a)

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  (a) Subject to the limitations of subsection (c), and within the limitation of appropriations made for the purpose, the Secretary of Defense, the Inspector General of the Department of Defense, and the Secretary of a military department within his department, may provide for any emergency or extraordinary expense which cannot be anticipated or classified. When it is so provided in such an appropriation, the funds may be spent on approval or authority of the Secretary concerned or the Inspector General for any purpose he determines to be proper, and such a determination is final and conclusive upon the accounting officers of the United States. The Secretary concerned or the Inspector General may certify the amount of any such expenditure authorized by him that he considers advisable not to specify, and his certificate is sufficient voucher for the expenditure of that amount. The authority to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature is provided by section 429a of this title instead of this section.
• 10 U.S.C. § 127b(f)(1)

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  (1) Not later than February 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the administration of the rewards program under this section during the preceding fiscal year.
• 10 U.S.C. § 127b(f)(2)(A)

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  (A) Information on the total amount expended during that fiscal year to carry out the rewards program under this section during that fiscal year.
• 10 U.S.C. § 127b(f)(2)(D)

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  (D) A description of the status of program implementation in each geographic combatant command, including in which countries the program is being operated.
• 10 U.S.C. § 127b(f)(2)(E)

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  (E) A description of efforts to coordinate and de-conflict the authority under subsection (a) with similar rewards programs administered by the United States Government.
• 10 U.S.C. § 127b(f)(2)(F)

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  (F) An assessment of the effectiveness of the program in meeting its objectives.
• 10 U.S.C. § 127d(h)(2)(C)

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  (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.
• 10 U.S.C. § 127e(e)(2)(C)

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  (C) A plan for the suspension or termination of the support, and, in the case of support that is planned to be transitioned to another program of the Department of Defense or another Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.
• 10 U.S.C. § 127e(h)

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  (h) 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 for support authorized by this section.
• 10 U.S.C. § 127f(i)

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  (i) 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.
• 10 U.S.C. § 129b(d)(1)(A)

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  (A) are to be provided by individuals outside the United States, regardless of their nationality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States;
• 10 U.S.C. § 130c(h)(1)(C)

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  (C) The Secretary of Energy, with respect to information concerning the national security programs of the Department of Energy, as determined by the Secretary.
• 10 U.S.C. § 130g(d)

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  (d) In this section, the term “Department of Defense sensitive activities” means operations, actions, activities, or programs of the Department of Defense that if compromised, could have enduring adverse effects on United States foreign policy, Department of Defense activities, or military operations, or cause significant embarrassment to the United States, its allies, or the Department of Defense. Such activities are generally handled through special access, compartmented, or other sensitive control mechanisms.
• 10 U.S.C. § 130i(h)(2)(A)

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  (A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
• 10 U.S.C. § 131(b)(4)(A)

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  (A) The Director of Cost Assessment and Program Evaluation.
• 10 U.S.C. § 131(b)(8)(A)

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  (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.
• 10 U.S.C. § 131(b)(8)(B)

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  (B) The Director of Small Business Programs appointed pursuant to section 144 of this title.
• 10 U.S.C. § 132(d)(2)

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  (2) Executive Order No. 12788 of January 15, 1992, as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).
• 10 U.S.C. § 133a(a)

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  (a) There is an Under Secretary of Defense for Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive technology, science, or engineering background and experience with managing complex or advanced technological programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
• 10 U.S.C. § 133a(b)(2)

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  (2) establishing policies on, and supervising, all elements of the Department relating to defense research and engineering, technology development, technology transition, appropriate prototyping activities, experimentation, and developmental testing activities and programs and unifying defense research and engineering efforts and enhancing jointness across the Department;
• 10 U.S.C. § 133a(b)(3)

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  (3) serving as the principal advisor to the Secretary on all research, engineering, and technology development activities and programs in the Department;
• 10 U.S.C. § 133b(a)

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  (a) There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive system development, engineering, production, or management background and experience with managing complex programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
• 10 U.S.C. § 133b(b)(6)(B)

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  (B) military department and Defense Agency programs to develop defenses against chemical and biological weapons and capabilities to counter weapons of mass destruction;
• 10 U.S.C. § 133b(b)(7)

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  (7) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility, except that the Under Secretary shall exercise advisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority;
• 10 U.S.C. § 134(b)(2)(E)

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  (E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department; and
• 10 U.S.C. § 134(b)(4)

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  (4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall have overall direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism.
• 10 U.S.C. § 134(b)(5)

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  (5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to—

  (A) develop planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness; and

  (B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives.
• 10 U.S.C. § 137(b)(1)

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  (1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;
• 10 U.S.C. § 137(b)(2)

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  (2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;
• 10 U.S.C. § 137(b)(3)

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  (3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for personnel security, physical security, industrial security, and the protection of classified information and controlled unclassified information, related activities of the Department of Defense; and
• 10 U.S.C. § 138(b)(2)(A)(ii)

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  (ii) Assist the Secretary and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for the following:

  (I) Irregular warfare, combating terrorism, and the special operations activities specified by section 167(k) of this title.

  (II) Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities.
• 10 U.S.C. § 138(b)(4)

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  (4) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on nuclear deterrence policies, operations, and associated programs within the senior management of the Department of Defense. The principal duty of the Assistant Secretary shall be the overall supervision of nuclear deterrence policy, resources, and activities of the Department of Defense.

  (A) Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall—

  (i) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense on all matters relating to the sustainment, operation, and modernization of United States nuclear forces as defined in section 499c(d) of this title;

  (ii) communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense;

  (iii) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title;

  (iv) serve as the principal Department of Defense civilian responsible for oversight of portfolio management for nuclear forces established by section 499c of this title;

  (v) serve as the principal interface with the Department of Energy on issues relating to nuclear fuels;

  (vi) in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, advise the Secretary of Defense on nuclear energy matters; and

  (vii) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy on all matters relating to the defense against chemical, biological, and other weapons of mass destruction.

  (B) Unless otherwise directed by the President or statute, no officer other than the Secretary of Defense, Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of responsibilities specified in subparagraph (A).
• 10 U.S.C. § 138(b)(4)(A)(i)

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  (i) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense on all matters relating to the sustainment, operation, and modernization of United States nuclear forces as defined in section 499c(d) of this title;
• 10 U.S.C. § 139(a)(2)(B)

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  (B) The term “major defense acquisition program” means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 4201 of this title or that is designated as such a program by the Director for purposes of this section.
• 10 U.S.C. § 139(g)

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  (g) The Director shall ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are communicated in a timely manner to the program manager for that program for consideration in the acquisition decisionmaking process.
• 10 U.S.C. § 139(l)(1)

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  (1) The Director may enter into contracts or other agreements with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—

  (A) test planning, preparation, and monitoring;

  (B) data collection;

  (C) data analysis;

  (D) drafting and reviewing test reports;

  (E) providing technical expertise and support to program offices; and

  (F) performing such other duties as the Director determines appropriate.
• 10 U.S.C. § 139(l)(1)(E)

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  (E) providing technical expertise and support to program offices; and
• 10 U.S.C. § 139a(a)

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  (a) There is a Director of Cost Assessment and Program Evaluation in the Department of Defense, appointed by the President, by and with the advice and consent of the Senate.
• 10 U.S.C. § 139a(b)(1)

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  (1) The Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary of Defense and other senior officials of the Department of Defense, and shall provide independent analysis and advice to such officials, on the following matters:

  (A) Matters assigned to the Director pursuant to this section and section 3221 of this title.

  (B) Matters assigned to the Director by the Secretary pursuant to section 113 of this title.
• 10 U.S.C. § 139a(c)

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  (c) There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:

  (1) The Deputy Director for Cost Assessment.

  (2) The Deputy Director for Program Evaluation.
• 10 U.S.C. § 139a(c)(2)

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  (2) The Deputy Director for Program Evaluation.
• 10 U.S.C. § 139a(d)

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  (d) The Director of Cost Assessment and Program Evaluation shall carry out the requirements of this section in accordance with the objectives established pursuant to section 3102 of this title and shall serve as the principal official within the senior management of the Department of Defense for the following:

  (1) Cost estimation and cost analysis for acquisition programs of the Department of Defense, and carrying out the duties assigned pursuant to section section 3221 of this title.

  (2) Analysis and advice on matters relating to the planning and programming phases of the Planning, Programming, Budgeting and Execution system, and the preparation of materials and guidance for such system, as directed by the Secretary of Defense, working in coordination with the Under Secretary of Defense (Comptroller).

  (3) Analysis and advice for resource discussions relating to requirements under consideration in the Joint Requirements Oversight Council pursuant to section 181 of this title.

  (4) Formulation of study guidance for analyses of alternatives for major defense acquisition programs and performance of such analyses, as directed by the Secretary of Defense.

  (5) Review, analysis, and evaluation of programs for executing approved strategies and policies and ensuring that information on programs is presented accurately and completely.

  (6) Assessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security and in accordance with applicable policies.

  (7) Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense.

  (8) Leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing national security planning and the allocation of defense resources, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes.

  (9) Performing the duties assigned to the Director in section 2222 of this title.
• 10 U.S.C. § 139a(d)(1)

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  (1) Cost estimation and cost analysis for acquisition programs of the Department of Defense, and carrying out the duties assigned pursuant to section section 3221 of this title.
• 10 U.S.C. § 139a(d)(5)

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  (5) Review, analysis, and evaluation of programs for executing approved strategies and policies and ensuring that information on programs is presented accurately and completely.
• 10 U.S.C. § 139a(d)(6)

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  (6) Assessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security and in accordance with applicable policies.
• 10 U.S.C. § 139a(d)(7)

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  (7) Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense.
• 10 U.S.C. § 139a(d)(8)

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  (8) Leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing national security planning and the allocation of defense resources, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes.
• 10 U.S.C. § 139a(e)(1)

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  (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.
• 10 U.S.C. § 139a(e)(3)

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  (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.
• 10 U.S.C. § 139a(e)(4)(A)

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  (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.
• 10 U.S.C. § 139a(e)(4)(B)(i)

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  (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
• 10 U.S.C. § 139a(f)

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  (f) 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).
• 10 U.S.C. § 139a(g)(1)

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  (1) 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.
• 10 U.S.C. § 139a(g)(1)(C)

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  (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.
• 10 U.S.C. § 139a(g)(3)

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  (3) 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.
• 10 U.S.C. § 139a(h)

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  (h) 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 the Director during the preceding quarter and any ongoing activities of the Director as of the date of briefing.
• 10 U.S.C. § 142(b)(1)(D)

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  (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;
• 10 U.S.C. § 142(b)(1)(F)

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  (F) has the responsibilities for policy, oversight, guidance, and coordination for all Department of Defense matters related to electromagnetic spectrum, including coordination with other Federal and industry agencies, coordination for classified programs, and in coordination with the Under Secretary for Personnel and Readiness, policies related to spectrum management workforce;
• 10 U.S.C. § 142(b)(1)(H)

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  (H) has the responsibilities for policy, oversight, and guidance for the architecture and programs related to the information technology, networking, information assurance, cybersecurity, and cyber capability architectures of the Department.
• 10 U.S.C. § 142(b)(2)(A)

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  (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the Secretaries of the military departments and the heads of the Defense Agencies with responsibilities associated with any activity specified in paragraph (1) to transmit the proposed budget for such activities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Chief Information Officer for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
• 10 U.S.C. § 144(a)

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  (a) There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by the Secretary of Defense.
• 10 U.S.C. § 144(b)

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  (b) The Office of Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.
• 10 U.S.C. § 144(c)(1)

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  (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, and shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe.
• 10 U.S.C. § 144(c)(2)

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  (2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.
• 10 U.S.C. § 148(c)(1)(A)

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  (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;
• 10 U.S.C. § 148(c)(1)(B)(ii)

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  (ii) to inform the program objective memorandum process;
• 10 U.S.C. § 148(c)(6)

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  (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.
• 10 U.S.C. § 149(e)(1)

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  (1) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director, may carry out a pilot program under this subsection to provide capital assistance to eligible entities for eligible investments to develop technologies that support the duties and elements of the Office and meet the needs of the Department of Defense.
• 10 U.S.C. § 149(e)(5)(A)(i)

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  (i) There is established in the Treasury of the United States a Department of Defense Credit Program Account to make and guarantee loans under this subsection in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
• 10 U.S.C. § 149(e)(5)(A)(ii)

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  (ii) The Credit Program Account shall consist of—

  (I) amounts appropriated pursuant to the authorization of appropriations; and

  (II) fees deposited under subsection (f)(2).
• 10 U.S.C. § 149(e)(5)(B)

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  (B) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director is authorized to pay, from amounts in the Department of Defense Credit Program Account—

  (i) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan guarantees and other capital assistance;

  (ii) administrative expenses associated with activities under this subsection;

  (iii) project-specific transaction costs; and

  (iv) the cost of providing support authorized by this subsection.
• 10 U.S.C. § 149(e)(12)

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  (12) In carrying out the capital assistance program under this subsection the Director may—

  (A) enter into contracts, agreements, or other transactions with applicants for or recipients of capital assistance pursuant to which such applicants or recipients directly pay for the costs of third-party services provided to the Office in connection with transactions involving such applicants and recipients;

  (B) procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5 only for the purposes established under this subsection; and

  (C) with the consent of another Federal agency, enter into an agreement with that Federal agency to use, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency.
• 10 U.S.C. § 149(f)(1)(A)(i)

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  (i) charge and collect fees for the costs specified in subparagraph (B) for services provided by the Office and associated with administering programs under this section, including project-specific transaction costs and direct costs relating to such services; and
• 10 U.S.C. § 149(f)(1)(A)(ii)

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  (ii) establish those fees at amounts that the Director considers appropriate only to recover the costs of project-specific transaction costs and to offset the expenses of administering of those programs.
• 10 U.S.C. § 149(f)(1)(B)(v)

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  (v) Administrative expenses directly related to credit program operations as defined in Office of Management and Budget Circular A–11 as of August 2025, including—

  (I) the appropriate proportion of administrative expenses that are shared with non-credit programs;

  (II) the cost of loan systems development and maintenance, including information technology systems costs;

  (III) the cost of monitoring credit programs and private lenders for compliance with contractual requirements, laws, and regulations;

  (IV) the cost of all activities related to credit extension, loan servicing, write-off, and close out; and

  (V) the cost of collecting delinquent or defaulted loans.
• 10 U.S.C. § 149(f)(1)(B)(v)(I)

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  (I) the appropriate proportion of administrative expenses that are shared with non-credit programs;
• 10 U.S.C. § 149(f)(1)(B)(v)(III)

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  (III) the cost of monitoring credit programs and private lenders for compliance with contractual requirements, laws, and regulations;
• 10 U.S.C. § 149(f)(2)(A)(i)

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  (i) be deposited into the Credit Program Account established under subsection (e)(5); and
• 10 U.S.C. § 149(g)

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  (g) The Director may accept services, such as legal, financial, technical, or professional services, associated with administering programs under this section, including accepting such services as indirect payment in kind for services provided by the Office.
• 10 U.S.C. § 153(a)(5)(D)

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  (D) advising the Secretary on the extent to which the program recommendations and budget proposals of the military departments and other components of the Department of Defense for a fiscal year conform with the priorities established in national defense strategies and with the priorities established for the requirements of the unified and specified combatant commands;
• 10 U.S.C. § 153(a)(5)(E)

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  (E) advising the Secretary on new and alternative joint military capabilities, and alternative program recommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in order to achieve greater conformance with the priorities referred to in subparagraph (D);
• 10 U.S.C. § 153(b)(2)(B)(iv)(II)

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  (II) for each category of risk, assess the extent to which current or future risk increases, decreases, or is stable as a result of budgetary priorities, tradeoffs, or fiscal constraints or limitations as currently estimated and applied in the current future-years defense program under section 221 of this title.
• 10 U.S.C. § 153(c)(2)(C)

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  (C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.
• 10 U.S.C. § 153(c)(2)(D)

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  (D) A description of the funding proposed in the President’s budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program, to address each deficiency in readiness identified during the joint readiness review conducted under section 117 of this title for the first quarter of the current fiscal year.
• 10 U.S.C. § 166a(b)(8)

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  (8) Personnel expenses of defense personnel for bilateral or regional cooperation programs.
• 10 U.S.C. § 167(e)(2)(B)

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  (B) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for special operations forces and for other forces assigned to the special operations command.
• 10 U.S.C. § 167(e)(4)(C)(i)(III)

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  (III) represent the command in discussions with the military departments regarding acquisition programs for which the command is a customer; and
• 10 U.S.C. § 167(e)(4)(C)(i)(IV)

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  (IV) work with the military departments to ensure that the command is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the command is a customer.
• 10 U.S.C. § 167b(d)(2)(A)(ii)

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  (ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for cyber operations forces and for other forces assigned to the United States Cyber Command.
• 10 U.S.C. § 167b(f)(2)(A)

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  (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Force.
• 10 U.S.C. § 171a(e)(2)

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  (2) A description of the activities proposed to be undertaken by the Council during the period covered by the current future-years defense program under section 221 of this title.
• 10 U.S.C. § 171a(e)(4)

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  (4) A breakdown of each program element in such budget that relates to the system, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of the system.
• 10 U.S.C. § 171a(h)(1)

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  (1) Not less than 90 days before each of the dates on which a system described in paragraph (2) achieves Milestone A or Milestone B approval, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report prepared by the Council detailing the implications of any changes to the architecture of such a system with respect to the systems, capabilities, and programs covered under subsection (d).
• 10 U.S.C. § 171a(j)(1)

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  (1) On a quarterly basis, each program manager of a covered acquisition program shall transmit to the co-chairs of the Council, acting through the senior steering group of the Council, a report that identifies—

  (A) the covered acquisition program;

  (B) the requirements of the program;

  (C) the development timeline of the program; and

  (D) the status of the program, including whether the program is delayed and, if so, whether such delay will result in a program schedule delay.
• 10 U.S.C. § 171a(j)(1)(A)

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  (A) the covered acquisition program;
• 10 U.S.C. § 171a(j)(1)(B)

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  (B) the requirements of the program;
• 10 U.S.C. § 171a(j)(1)(C)

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  (C) the development timeline of the program; and
• 10 U.S.C. § 171a(j)(1)(D)

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  (D) the status of the program, including whether the program is delayed and, if so, whether such delay will result in a program schedule delay.
• 10 U.S.C. § 171a(j)(2)(A)

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  (A) each covered acquisition program that is delayed more than 180 days; and
• 10 U.S.C. § 171a(j)(2)(B)

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  (B) any covered acquisition program that should have been included in such reports but was excluded, and the reasons for such exclusion.
• 10 U.S.C. § 171a(j)(3)

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  (3) In this subsection, the term “covered acquisition program” means each acquisition program of the Department of Defense that materially contributes to—

  (A) the nuclear command, control, and communications systems of the United States; or

  (B) the continuity of government systems of the United States.
• 10 U.S.C. § 172(c)(13)

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  (13) To conduct oversight of Department of Defense explosive safety management programs.
• 10 U.S.C. § 179(c)(2)

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  (2) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall be the Staff Director of the Council.
• 10 U.S.C. § 179(d)(4)

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  (4) Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy.
• 10 U.S.C. § 179(d)(6)

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  (6) Evaluating safety, security, and control issues for existing weapons and for proposed new weapon program starts and approving adjustments as required.
• 10 U.S.C. § 179(d)(7)

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  (7) Overseeing the approval of design, performance, and cost tradeoffs for all proposed new nuclear weapons programs.
• 10 U.S.C. § 179(d)(8)(B)

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  (B) nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration.
• 10 U.S.C. § 179(d)(10)

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  (10) Reviewing proposed capabilities, and, in coordination with the Joint Requirements Oversight Council, establishing and validating performance requirements (as defined in section 181(h) of this title), for nuclear warhead and weapon system programs.
• 10 U.S.C. § 179(d)(11)(A)

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  (A) reviewing military requirements, performance requirements, and planned delivery schedules to evaluate whether such requirements and schedules create significant risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating to nuclear weapons within the National Nuclear Security Administration; and
• 10 U.S.C. § 179(f)(5)(A)(i)

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  (i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and
• 10 U.S.C. § 180(a)

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  (a) The Secretary of Defense shall appoint a board to review the administration of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.
• 10 U.S.C. § 180(b)

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  (b) The Secretary shall appoint the members of the board from among distinguished administrators of institutions of higher education, members of Congress, members of the Boards of Visitors of the academies, and other experts in collegiate athletics programs. The Superintendents of the three academies shall be members of the board. The Secretary shall designate one member of the board, other than a Superintendent of an academy, as Chairman.
• 10 U.S.C. § 180(c)(1)

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  (1) review all aspects of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, including—

  (A) the policies relating to the administration of such programs;

  (B) the appropriateness of the balance between the emphasis placed by each academy on athletics and the emphasis placed by such academy on academic pursuits; and

  (C) the extent to which all athletes in all sports are treated equitably under the athletics program of each academy; and
• 10 U.S.C. § 180(c)(1)(A)

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  (A) the policies relating to the administration of such programs;
• 10 U.S.C. § 180(c)(1)(C)

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  (C) the extent to which all athletes in all sports are treated equitably under the athletics program of each academy; and
• 10 U.S.C. § 180(c)(2)

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  (2) determine ways in which the administration of the athletics programs at the academies can serve as models for the administration of athletics programs at civilian institutions of higher education.
• 10 U.S.C. § 181(d)(1)(F)

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  (F) The Director of Cost Assessment and Program Evaluation.
• 10 U.S.C. § 181(f)

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  (f) The Secretary of Defense shall ensure that analytical organizations within the Department of Defense, such as the Office of Cost Assessment and Program Evaluation and mission engineering activities, provide resources and expertise to the Joint Requirements Oversight Council to assist the Council in performing the mission in subsection (b).
• 10 U.S.C. § 182(d)(2)(B)

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  (B) the integrity of any program of the Department of Defense or of any person involved in such a program.
• 10 U.S.C. § 182a(d)(2)(B)

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  (B) the integrity of any program of the Department of Defense or of any person involved in such a program.
• 10 U.S.C. § 183a(h)(9)

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  (9) The term “military training route” means a training route developed as part of the Military Training Route Program, carried out jointly by the Administrator of the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training.
• 10 U.S.C. § 185(b)(1)(B)

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  (B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense.
• 10 U.S.C. § 185(d)(4)

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  (4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments.
• 10 U.S.C. § 185(d)(6)

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  (6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships.
• 10 U.S.C. § 185(d)(7)

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  (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.
• 10 U.S.C. § 185(d)(7)(B)

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  (B) an implementation plan for such system and program.
• 10 U.S.C. § 185(d)(8)

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  (8) Reviewing the proposal of each military department for the safety management system and program described in paragraphs (5) and (6), respectively.
• 10 U.S.C. § 189(c)(3)

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  (3) convene in-depth program reviews for specific cryptographic modernization developments with respect to validating requirements and identifying programmatic risks;
• 10 U.S.C. § 189(d)

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  (d) The Board shall not include the consideration of programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.
• 10 U.S.C. § 192(a)(2)

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  (2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands.
• 10 U.S.C. § 192(b)

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  (b) The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity.
• 10 U.S.C. § 193(e)

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  (e) The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop and implement, as they may determine to be necessary, policies and programs to correct such deficiencies as the Chairman of the Joint Chiefs of Staff and other officials of the Department of Defense may identify in the capabilities of the Defense Intelligence Agency, the National Security Agency, and the National Geospatial-Intelligence Agency to accomplish assigned missions in support of military combat operations.
• 10 U.S.C. § 198(b)(2)

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  (2) Experience in the administration and management of Federal grants programs.
• 10 U.S.C. § 201(c)(1)

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  (1) The Director of National Intelligence shall provide annually to the Secretary of Defense, for the Secretary’s consideration, an evaluation of the performance of the individuals holding the positions referred to in paragraph (2) in fulfilling their respective responsibilities with regard to the National Intelligence Program.
• 10 U.S.C. § 221(a)

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  (a) The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under section 1105(a) of title 31, a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
• 10 U.S.C. § 221(b)(2)(A)

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  (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
• 10 U.S.C. § 221(b)(2)(B)

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  (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year.
• 10 U.S.C. § 221(c)

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  (c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contingencies, subject to the requirements of subsection (b).
• 10 U.S.C. § 221(d)(1)

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  (1) The Secretary of Defense shall make available to Congress, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service each future-years defense program under this section as follows:

  (A) By making such program available electronically in the form of an unclassified electronic database.

  (B) By delivering printed copies of such program to the congressional defense committees.
• 10 U.S.C. § 221(d)(1)(A)

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  (A) By making such program available electronically in the form of an unclassified electronic database.
• 10 U.S.C. § 221(d)(1)(B)

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  (B) By delivering printed copies of such program to the congressional defense committees.
• 10 U.S.C. § 221(d)(2)

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  (2) In the event inclusion of classified material in a future-years defense program would otherwise render the totality of the program classified for purposes of this subsection—

  (A) such program shall be made available to Congress in unclassified form, with such material attached as a classified annex; and

  (B) such annex shall be submitted to the congressional defense committees, the Congressional Budget Office, the Comptroller General of the United States, and the Congressional Research Service.
• 10 U.S.C. § 221(d)(2)(A)

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  (A) such program shall be made available to Congress in unclassified form, with such material attached as a classified annex; and
• 10 U.S.C. § 221(e)

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  (e) Each future-years defense program under this subsection shall be accompanied by a certification by the Under Secretary of Defense (Comptroller), in the case of the Department of Defense, and the comptroller of each military department, in the case of such military department, that any information entered into the Standard Data Collection System of the Department of Defense, the Comptroller Information System, or any other data system, as applicable, for purposes of assembling such future-years defense program was accurate.
• 10 U.S.C. § 222(a)

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  (a) The Secretary of Defense shall submit to Congress for each fiscal year a future-years mission budget for the military programs of the Department of Defense. That budget shall be submitted for any fiscal year with the future-years defense program submitted under section 221 of this title.
• 10 U.S.C. § 222(b)

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  (b) The future-years mission budget shall be consistent with the future-years defense program required under section 221 of this title. In the future-years mission budget, the military programs of the Department of Defense shall be organized on the basis of major force programs.
• 10 U.S.C. § 222(c)

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  (c) The requirement in subsection (a) is in addition to the requirements in any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense in the budget submitted pursuant to section 1105 of title 31 for any fiscal year.
• 10 U.S.C. § 222a(c)(1)(C)(ii)

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  (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
• 10 U.S.C. § 222a(e)(1)

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  (1) The term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement, including a covered military construction project, that—

  (A) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

  (B) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

  (C) would have been recommended for funding through the budget referred to in subparagraph (1) by the officer submitting the report required by subsection (a) in connection with the budget if—

  (i) additional resources had been available for the budget to fund the program, activity, or mission requirement; or

  (ii) the program, activity, or mission requirement has emerged since the budget was formulated.
• 10 U.S.C. § 222a(e)(1)(C)(i)

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  (i) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
• 10 U.S.C. § 222a(e)(1)(C)(ii)

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  (ii) the program, activity, or mission requirement has emerged since the budget was formulated.
• 10 U.S.C. § 222a(e)(2)(A)

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  (A) is included in any fiscal year of the future-years defense program under section 221 of this title that is submitted in connection with the budget of the President for the fiscal year, and is executable in the fiscal year; or
• 10 U.S.C. § 222c(e)(1)

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  (1) The production level for each fiscal year required to meet the Out-Year Unconstrained Total Munitions Requirement at the end of the future years defense program.
• 10 U.S.C. § 222e(a)

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  (a) 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.
• 10 U.S.C. § 222e(b)

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  (b) 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.
• 10 U.S.C. § 222e(b)(1)

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  (1) Whether the program, project, or activity was added, eliminated, or reduced and in which fiscal year.
• 10 U.S.C. § 222e(b)(3)

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  (3) The appropriate program element, line item number, or sub-activity group.
• 10 U.S.C. § 222e(b)(4)

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  (4) The program, project, or activity name.
• 10 U.S.C. § 222f(b)(1)(C)(ii)

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  (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
• 10 U.S.C. § 222f(e)

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  (e) 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;

  (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; and

  (3) in the case of a military construction project, has reached 35 percent design.
• 10 U.S.C. § 222f(e)(2)(A)

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  (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
• 10 U.S.C. § 222f(e)(2)(B)

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  (B) the program, activity, or mission requirement has emerged since the budget was formulated; and
• 10 U.S.C. § 223a(b)

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  (b) The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.
• 10 U.S.C. § 226(c)

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  (c) In this section, the term “service-common and other support and enabling capabilities” means capabilities provided in support of special operations that are not reflected in Major Force Program–11 or designated as special operations forces-peculiar.
• 10 U.S.C. § 229(a)

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  (a) The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a consolidated budget justification display, in classified and unclassified form, that includes all programs and activities of the Department of Defense combating terrorism program.
• 10 U.S.C. § 229(b)(1)

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  (1) the amount requested, by appropriation and functional area, for each of the program elements, projects, and initiatives that support the Department of Defense combating terrorism program, with supporting narrative descriptions and rationale for the funding levels requested; and
• 10 U.S.C. § 229(b)(2)

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  (2) a summary, to the program element and project level of detail, of estimated expenditures for the current year, funds requested for the budget year, and budget estimates through the completion of the current future-years defense plan for the Department of Defense combating terrorism program.
• 10 U.S.C. § 229(c)(1)

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  (1) any inconsistencies between (A) the information submitted under subsection (b) for that fiscal year, and (B) the information provided to the Director of the Office of Management and Budget in support of the annual report of the President to Congress on funding for executive branch counterterrorism and antiterrorism programs and activities for that fiscal year in accordance with section 1051(b) of the National Defense Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and
• 10 U.S.C. § 229(c)(2)

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  (2) any inconsistencies between (A) the execution, during the previous fiscal year and the current fiscal year, of programs and activities of the Department of Defense combating terrorism program, and (B) the funding and specification for such programs and activities for those fiscal years in the manner provided by Congress (both in statutes and in relevant legislative history).
• 10 U.S.C. § 229(d)

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  (d) In this section, the term “Department of Defense combating terrorism program” means the programs, projects, and activities of the Department of Defense related to combating terrorism inside and outside the United States.
• 10 U.S.C. § 231(a)(2)

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  (2) A certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the construction of naval vessels at a level that is sufficient for the procurement of the vessels provided for in the plan under paragraph (1) on the schedule provided in that plan, together with the views of the Chief of Naval Operations and Commandant of the Marine Corps on the budget.
• 10 U.S.C. § 231(b)(2)(A)

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  (A) A detailed program for the construction of combatant and support vessels for the Navy over the next 30 fiscal years.
• 10 U.S.C. § 231(b)(2)(B)

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  (B) A detailed program for the construction of auxiliary vessels for the Navy over the next 30 fiscal years.
• 10 U.S.C. § 231(b)(2)(D)

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  (D) The estimated levels of annual funding by ship class in both graphical and tabular form necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
• 10 U.S.C. § 231(b)(2)(J)

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  (J) For any class of battle force ship for which the procurement of the final ship of the class is proposed in the relevant future-years defense program submitted under section 221 of this title—

  (i) a description of the expected specific effects on the Navy shipbuilding industrial base of—

  (I) the termination of the production program for the ship and the transition to a new or modified production program, or

  (II) the termination of the production program for the ship without a new or modified production program to replace it; and

  (ii) in the case of any such production program for which a replacement production program is proposed, a detailed schedule for the replacement production program with planned decision points, solicitations, and contract awards.
• 10 U.S.C. § 231(b)(2)(J)(i)(I)

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  (I) the termination of the production program for the ship and the transition to a new or modified production program, or
• 10 U.S.C. § 231(b)(2)(J)(i)(II)

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  (II) the termination of the production program for the ship without a new or modified production program to replace it; and
• 10 U.S.C. § 231(b)(2)(J)(ii)

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  (ii) in the case of any such production program for which a replacement production program is proposed, a detailed schedule for the replacement production program with planned decision points, solicitations, and contract awards.
• 10 U.S.C. § 231(d)(2)

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  (2) A certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding for the maintenance and modernization of naval vessels at a level that is sufficient for such maintenance and modernization in accordance with the plan under paragraph (1).
• 10 U.S.C. § 231(e)

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  (e) Not later than 60 days after the date on which the congressional defense committees receive the plan under subsection (a)(1), the Director of the Congressional Budget Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such plan with respect to the budget submitted during the year in which the plan is submitted and the future-years defense program submitted under section 221 of this title.
• 10 U.S.C. § 231(h)(3)

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  (3) The term “national defense strategy” means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of this title.
• 10 U.S.C. § 231a(a)(2)

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  (2) A certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.
• 10 U.S.C. § 231a(c)(2)(A)

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  (A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Army, the Department of the Navy, and the Department of the Air Force over the next 15 fiscal years.
• 10 U.S.C. § 231a(c)(2)(C)

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  (C) The estimated levels of annual investment funding necessary to carry out each aircraft program, together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based, set forth in aggregate for the Department of Defense and in aggregate for each military department.
• 10 U.S.C. § 231a(c)(2)(D)

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  (D) The estimated level of annual funding necessary to operate, maintain, sustain, and support each aircraft program throughout the life-cycle of the program, set forth in aggregate for the Department of Defense and in aggregate for each military department.
• 10 U.S.C. § 231a(c)(2)(E)(i)

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  (i) a description of whether the cost estimate is derived from the cost estimate position of the military department concerned or from the cost estimate position of the Office of Cost Assessment and Program Evaluation;
• 10 U.S.C. § 231a(c)(2)(E)(ii)

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  (ii) if the cost estimate position of the military department and the cost estimate position of the Office of Cost Assessment and Program Evaluation differ by more than 5 percent for any aircraft program, an annotated cost estimate difference and sufficient rationale to explain the difference;
• 10 U.S.C. § 231a(c)(2)(E)(iii)

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  (iii) the confidence or certainty level associated with the cost estimate for each aircraft program; and
• 10 U.S.C. § 231a(c)(2)(E)(iv)

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  (iv) a certification that the calculations from which the cost estimate is derived are based on common cost categories used by the Under Secretary of Defense for Acquisition and Sustainment for calculating the life-cycle cost of an aircraft program.
• 10 U.S.C. § 231a(c)(3)

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  (3) For any cost estimate required by subparagraph (C) or (D) of paragraph (2) for any aircraft program for which the Secretary is required to include in a report under section 4351 of this title, the source of the cost information used to prepare the annual aircraft plan shall be derived from the Selected Acquisition Report data that the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year for which the annual aircraft procurement plan is prepared.
• 10 U.S.C. § 231a(e)(3)

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  (3) Each report under paragraph (1) shall set forth each item specified in paragraph (2) separately for the regular component of each armed force and for each reserve component of each armed force and, for each such component, shall set forth each type, model, and series of aircraft provided for in the future-years defense program that covers the fiscal year for which the budget accompanying the plan, certification and report is submitted.
• 10 U.S.C. § 233(a)

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  (a) In any case in which the amount requested in the President’s budget for a fiscal year for a Department of Defense operation and maintenance program, project, or activity is different from the amount appropriated for that program, project, or activity for the current year, the O&M justification documents supporting that budget shall identify that appropriated amount and the difference between that amount and the amount requested in the budget, stated as an amount and as a percentage.
• 10 U.S.C. § 233a(b)(3)(D)

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  (D) any critical dependencies with other program efforts that might affect the timeline for such divestment, reprioritization, or retirement;
• 10 U.S.C. § 234(a)

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  (a) The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified form, that covers all programs and activities of Department of Defense POW/MIA accounting and recovery organizations.
• 10 U.S.C. § 236(a)

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  (a) The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2014, a consolidated budget justification display that covers all programs and activities associated with the procurement of personal protection equipment during the period covered by the future-years defense program submitted in that fiscal year under section 221.
• 10 U.S.C. § 236(b)(4)(A)

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  (A) the relevant appropriations account, program, project or activity; program element number, and line number; and
• 10 U.S.C. § 238(a)(1)

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  (1) a major force program category for the five-year defense plan of the Department of Defense for the training, manning, and equipping of the cyber mission forces and the cyberspace operations forces; and
• 10 U.S.C. § 238(a)(2)

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  (2) program elements for the cyber mission forces and the cyberspace operations forces.
• 10 U.S.C. § 239(a)

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  (a) The Secretary of Defense shall establish a unified major force program for national security space programs pursuant to section 222(b) of this title to prioritize national security space activities in accordance with the requirements of the Department of Defense and national security.
• 10 U.S.C. § 239(b)(1)

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  (1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.
• 10 U.S.C. § 239(b)(2)

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  (2) Each report on the budget for national security space programs of the Department of Defense 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, and the amounts appropriated for such 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.
• 10 U.S.C. § 239(b)(2)(A)(i)

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  (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, and the amounts appropriated for such programs during the previous fiscal year; and
• 10 U.S.C. § 239(b)(2)(A)(ii)

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  (ii) the specific identification, as a budgetary line item, for the funding under such programs.
• 10 U.S.C. § 239b(a)

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  (a) In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2021 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense may not include in any single program element both funds made available under the Military Intelligence Program and funds made available outside of the Military Intelligence Program.
• 10 U.S.C. § 239d(b)(2)(B)

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  (B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the investment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment program), or processes.
• 10 U.S.C. § 239e(a)

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  (a) 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.
• 10 U.S.C. § 239e(b)(1)

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  (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.
• 10 U.S.C. § 239e(b)(2)

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  (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.
• 10 U.S.C. § 239e(b)(2)(A)(i)

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  (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
• 10 U.S.C. § 239e(b)(2)(A)(ii)

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  (ii) the specific identification, as a budgetary line item, for the funding under such programs.
• 10 U.S.C. § 239e(c)(3)

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  (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.
• 10 U.S.C. § 240b(b)(1)(B)(vii)

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  (vii) A description of audit activities and results for classified programs, including a description of the use of procedures and requirements to prevent unauthorized exposure of classified information in such activities.
• 10 U.S.C. § 240b(c)

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  (c) The selection of audit remediation service providers shall be based, among other appropriate criteria, on qualifications, relevant experience, and capacity to develop and implement corrective action plans to address internal control and compliance deficiencies identified during a financial statement or program audit.
• 10 U.S.C. § 240i(b)(1)(C)(ii)

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  (ii) Program element number, in the case of applicable research, development, test, and evaluation accounts.
• 10 U.S.C. § 240i(c)(3)(A)

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  (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
• 10 U.S.C. § 240i(c)(3)(B)

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  (B) the program, activity, or mission requirement had emerged before the budget was formulated.
• 10 U.S.C. § 274(b)(2)(E)

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  (E) Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A).
• 10 U.S.C. § 284(h)(1)(A)(vi)(IV)

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  (IV) the International Narcotics Control and Law Enforcement program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291);
• 10 U.S.C. § 284(h)(1)(A)(vi)(V)

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  (V) Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
• 10 U.S.C. § 284(h)(1)(A)(vi)(VII)

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  (VII) any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate;
• 10 U.S.C. § 301(7)

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  (7) The term “security cooperation programs and activities of the Department of Defense” means any program, activity (including an exercise), or interaction of the Department of Defense with the security establishment of a foreign country to achieve a purpose as follows:

  (A) To build and develop allied and friendly security capabilities for self-defense and multinational operations.

  (B) To provide the armed forces with access to the foreign country during peacetime or a contingency operation.

  (C) To build relationships that promote specific United States security interests.
• 10 U.S.C. § 311(d)(2)(B)

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  (B) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel.
• 10 U.S.C. § 312(g)

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  (g) In this section, the term “administrative services and support” includes base or installation support services, office space, utilities, copying services, fire and police protection, training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, and computer support.
• 10 U.S.C. § 313(b)(2)

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  (2) supports or enhances United States overseas presence and peacetime engagement activities, including defense cooperation initiatives, security assistance training and programs, and training and exercises with the armed forces;
• 10 U.S.C. § 322(e)(4)

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  (4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise programs sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short duration exercises, and other similar unit training events).
• 10 U.S.C. § 332(a)

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  (a) The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to assign civilian employees of the Department of Defense and members of the armed forces as advisors to the ministries of defense (or security agencies serving a similar defense function) of foreign countries or regional organizations with security missions in order to—

  (1) provide institutional, ministerial-level advice, and other training to personnel of the ministry or regional organization to which assigned in support of stabilization or post-conflict activities; or

  (2) assist such ministry or regional organization in building core institutional capacity, competencies, and capabilities to manage defense-related processes.
• 10 U.S.C. § 332(b)(1)

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  (1) The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to provide advisors or trainers to provide training and associated training support services to personnel of foreign ministries of defense (or ministries with security force oversight) or regional organizations with security missions—

  (A) for the purpose of—

  (i) enhancing civilian oversight of foreign security forces;

  (ii) establishing responsible defense governance and internal controls in order to help build effective, transparent, and accountable defense institutions;

  (iii) assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and

  (iv) enhancing ministerial, general or joint staff, or service level core management competencies; and

  (B) for such other purposes as the Secretary considers appropriate, consistent with the authority in subsection (a).
• 10 U.S.C. § 332(b)(2)

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  (2) Not later than February 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on activities under the program under paragraph (1) during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

  (A) A list of activities under the program.

  (B) A list of any organization described in paragraph (1) to which the Secretary provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.

  (C) A comprehensive justification of any activities conducted pursuant to paragraph (1)(B).
• 10 U.S.C. § 332(b)(2)(A)

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  (A) A list of activities under the program.
• 10 U.S.C. § 332(b)(2)(B)

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  (B) A list of any organization described in paragraph (1) to which the Secretary provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.
• 10 U.S.C. § 333(a)

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  (a) The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:

  (1) Counterterrorism operations.

  (2) Counter-weapons of mass destruction operations.

  (3) Counter-illicit drug trafficking operations.

  (4) Counter-transnational organized crime operations.

  (5) Maritime and border security operations.

  (6) Military intelligence operations.

  (7) Air domain awareness operations.

  (8) Operations or activities that contribute to an existing international coalition operation that is determined by the Secretary to be in the national interest of the United States.

  (9) Cyberspace security and defensive cyberspace operations.
• 10 U.S.C. § 333(b)(1)

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  (1) The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
• 10 U.S.C. § 333(b)(2)

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  (2) The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.
• 10 U.S.C. § 333(b)(3)

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  (3) The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). The Secretary of Defense and the Secretary of State shall each designate an individual responsible for program coordination under this paragraph at the lowest appropriate level in the Department concerned.
• 10 U.S.C. § 333(c)(1)

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  (1) A program under subsection (a) may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction supporting security cooperation programs under this section.
• 10 U.S.C. § 333(c)(2)

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  (2) A program under subsection (a) shall include elements that promote the following:

  (A) Observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.

  (B) Institutional capacity building.
• 10 U.S.C. § 333(c)(3)

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  (3) In order to meet the requirement in paragraph (2)(A) with respect to particular national security forces under a program under subsection (a), the Secretary of Defense shall certify, prior to the initiation of the program, that the Department of Defense or the Department of State is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, training that includes a comprehensive curriculum on the law of armed conflict, human rights and fundamental freedoms, and the rule of law, and that enhances the capacity to exercise responsible civilian control of the military, as applicable, to such national security forces.
• 10 U.S.C. § 333(c)(4)

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  (4) In order to meet the requirement in paragraph (2)(B) with respect to a particular foreign country under a program under subsection (a), the Secretary shall certify, prior to the initiation of the program, that the Department of Defense or another department or agency is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, a program of institutional capacity building with appropriate institutions of such foreign country to enhance the capacity of such foreign country to organize, administer, employ, manage, maintain, sustain, or oversee the national security forces of such foreign country.
• 10 U.S.C. § 333(d)(2)

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  (2) The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of this title.
• 10 U.S.C. § 333(d)(3)

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  (3) Sustainment support may not be provided pursuant to a program under subsection (a), or for equipment previously provided by the Department of Defense under any authority available to the Secretary during fiscal year 2015 or 2016, for a period in excess of five years unless the notice on the program pursuant to subsection (e) includes the information specified in paragraph (7) of subsection (e).
• 10 U.S.C. § 333(e)

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  (e) 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:

  (1) The foreign country, and specific unit, whose capacity to engage in activities specified in subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided.

  (2) A detailed evaluation of the capacity of the foreign country and unit to absorb the training or equipment to be provided under the program.

  (3) The cost, implementation timeline, and delivery schedule for assistance under the program.

  (4) A description of the arrangements, if any, for the sustainment of the program and the estimated cost and source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.

  (5) Information, including the amount, type, and purpose, on the security assistance provided the foreign country during the three preceding fiscal years pursuant to authorities under this title, the Foreign Assistance Act of 1961, and any other train and equip authorities of the Department of Defense.

  (6) A description of the elements of the theater security cooperation plan of the geographic combatant command concerned, and of the interagency integrated country strategy, that will be advanced by the program.

  (7) In the case of a program described in subsection (d)(3), each of the following:

  (A) A written justification that the provision of sustainment support described in that subsection for a period in excess of five years will enhance the security interest of the United States.

  (B) To the extent practicable, a plan to transition such sustainment support from funding through the Department to funding through another security sector assistance program of the United States Government or funding through partner nations.

  (8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.

  (9) In the case of a program described in subsection (a), each of the following:

  (A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.

  (B) An identification of each such authority described in subparagraph (A).
• 10 U.S.C. § 333(e)(1)

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  (1) The foreign country, and specific unit, whose capacity to engage in activities specified in subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided.
• 10 U.S.C. § 333(e)(2)

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  (2) A detailed evaluation of the capacity of the foreign country and unit to absorb the training or equipment to be provided under the program.
• 10 U.S.C. § 333(e)(3)

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  (3) The cost, implementation timeline, and delivery schedule for assistance under the program.
• 10 U.S.C. § 333(e)(4)

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  (4) A description of the arrangements, if any, for the sustainment of the program and the estimated cost and source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.
• 10 U.S.C. § 333(e)(6)

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  (6) A description of the elements of the theater security cooperation plan of the geographic combatant command concerned, and of the interagency integrated country strategy, that will be advanced by the program.
• 10 U.S.C. § 333(e)(7)

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  (7) In the case of a program described in subsection (d)(3), each of the following:

  (A) A written justification that the provision of sustainment support described in that subsection for a period in excess of five years will enhance the security interest of the United States.

  (B) To the extent practicable, a plan to transition such sustainment support from funding through the Department to funding through another security sector assistance program of the United States Government or funding through partner nations.
• 10 U.S.C. § 333(e)(7)(B)

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  (B) To the extent practicable, a plan to transition such sustainment support from funding through the Department to funding through another security sector assistance program of the United States Government or funding through partner nations.
• 10 U.S.C. § 333(e)(8)

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  (8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.
• 10 U.S.C. § 333(e)(9)

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  (9) In the case of a program described in subsection (a), each of the following:

  (A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.

  (B) An identification of each such authority described in subparagraph (A).
• 10 U.S.C. § 333(e)(9)(A)

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  (A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.
• 10 U.S.C. § 333(f)(1)

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  (1) Information, by recipient country, of the delivery and execution status of all defense articles, training, defense services, supplies (including consumables), and small-scale construction under programs under subsection (a).
• 10 U.S.C. § 333(f)(3)

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  (3) Information, by recipient country, on the status of funds allocated for programs under subsection (a), including amounts of unobligated funds, unliquidated obligations, and disbursements.
• 10 U.S.C. § 333(g)(1)

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  (1) Amounts for programs carried out pursuant to subsection (a) in a fiscal year, and for other purposes in connection with such programs as authorized by this section, may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for such programs and purposes.
• 10 U.S.C. § 333(g)(2)

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  (2) Amounts available in fiscal year 2025 or any subsequent fiscal year to carry out the authority in subsection (a) may be used for programs under that authority that begin in such fiscal year and end not later than the end of the third fiscal year thereafter.
• 10 U.S.C. § 333(h)(1)(A)

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  (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
• 10 U.S.C. § 333(h)(1)(B)

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  (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.
• 10 U.S.C. § 333(h)(2)

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  (2) 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.
• 10 U.S.C. § 333(h)(2)(A)

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  (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.
• 10 U.S.C. § 333(h)(2)(B)

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  (B) An explanation why the equipment is no longer needed to support such program or another program carried out pursuant to such subsection.
• 10 U.S.C. § 333(i)(1)(A)

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  (A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and
• 10 U.S.C. § 335(a)

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  (a) The Secretary of Defense may pay the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security:

  (1) Defense personnel of friendly foreign governments.

  (2) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and nongovernmental personnel.
• 10 U.S.C. § 341(a)(1)

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  (1) The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:

  (A) The military forces of a foreign country.

  (B) The security forces of a foreign country.

  (C) Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.
• 10 U.S.C. § 341(a)(2)

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  (2) Each program established under this subsection shall be known as a “State Partnership”.
• 10 U.S.C. § 341(b)(1)

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  (1) An activity with forces referred to in subsection (a)(1)(B) or organizations described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.
• 10 U.S.C. § 341(b)(2)

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  (2) The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provisions of section 362 of this title.
• 10 U.S.C. § 341(c)

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  (c) The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program.
• 10 U.S.C. § 341(e)(1)(A)

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  (A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and
• 10 U.S.C. § 341(e)(1)(B)

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  (B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).
• 10 U.S.C. § 341(e)(2)(B)

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  (B) The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.
• 10 U.S.C. § 342(f)(6)

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  (6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph (5), shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.
• 10 U.S.C. § 342(h)(1)

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  (1) The Secretary of Defense may authorize participation by a European or Eurasian country in programs of the George C. Marshall Center for Security Studies (in this subsection referred to as the “Marshall Center”) if the Secretary determines, after consultation with the Secretary of State, that such participation is in the national interest of the United States.
• 10 U.S.C. § 342(j)(1)

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  (1) The Secretary shall on an annual basis review the program and structure of each Regional Center in order to determine whether such Regional Center is appropriately aligned with the strategic priorities of the Department of Defense and the applicable geographic combatant commands.
• 10 U.S.C. § 342(j)(2)

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  (2) The Secretary may revise the program, structure, or both of a Regional Center following an annual review under paragraph (1) in order to more appropriately align the Regional Center with strategic priorities and the geographic combatant commands as described in that paragraph.
• 10 U.S.C. § 345(a)(1)(B)

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  (B) carry out a program, to be known as the “Regional Defense Fellowship Program”, to provide for the education and training of foreign personnel described in paragraph (2) at military or civilian educational institutions, the Irregular Warfare Center, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with irregular warfare or combating terrorism.
• 10 U.S.C. § 345(a)(2)(A)(i)

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  (i) defense personnel of friendly foreign governments to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program;
• 10 U.S.C. § 345(a)(2)(A)(ii)

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  (ii) with the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental personnel to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program; and
• 10 U.S.C. § 345(a)(2)(C)

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  (C) Costs associated with strategic engagement with alumni of the Regional Defense Fellowship Program to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics.
• 10 U.S.C. § 345(b)(2)(A)(i)

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  (i) jointly develop and plan activities under the program that—

  (I) advance United States security cooperation objectives; and

  (II) support theater security cooperation planning of the combatant commands; and
• 10 U.S.C. § 345(b)(2)(A)(ii)

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  (ii) coordinate on the implementation of activities under the program;
• 10 U.S.C. § 345(b)(2)(B)

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  (B) each of the Secretary of Defense and the Secretary of State designates an individual at the lowest appropriate level of the Department of Defense or the Department of State, as applicable, who shall be responsible for program coordination; and
• 10 U.S.C. § 345(b)(2)(C)

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  (C) to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military Education and Training (IMET) authorities.
• 10 U.S.C. § 345(c)(1)(E)

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  (E) serving as a coordinating body and central repository for irregular warfare resources, including educational activities and programs, and lessons learned across components of the Department.
• 10 U.S.C. § 345(d)

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  (d) The total amount of funds used under the authority in subsection (a)(1)(B) in any fiscal year may not exceed $35,000,000. Amounts available under the authority in subsection (a)(1)(B) for a fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.
• 10 U.S.C. § 345(e)(3)

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  (3) An assessment of the effectiveness of the program referred to in subsection (a)(1)(B), including engagement activities for program alumni, in increasing the cooperation of the governments of foreign countries with the United States.
• 10 U.S.C. § 345(e)(4)

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  (4) A discussion of any actions being taken to improve the program, including a list of any unfunded or unmet training requirements and requests.
• 10 U.S.C. § 345(e)(5)

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  (5) A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.
• 10 U.S.C. § 347(b)(1)

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  (1) The Secretary of a military department may permit a student enrolled at a military academy of a foreign country to receive instruction at the Service Academy under the jurisdiction of that Secretary in exchange for a cadet or midshipman receiving instruction at that foreign military academy pursuant to an exchange agreement entered into between the Secretary and appropriate officials of the foreign country. A student receiving instruction at a Service Academy under the exchange program under this subsection shall be in addition to persons receiving instruction at the Academy under subsection (a).
• 10 U.S.C. § 347(b)(2)

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  (2) An exchange agreement under this subsection between the Secretary and a foreign country shall provide for the exchange of students on a one-for-one basis each fiscal year. Not more than 100 cadets or midshipmen from each Service Academy and a comparable number of students from foreign military academies participating in the exchange program may be exchanged during any fiscal year. The duration of an exchange may not exceed the equivalent of one academic semester at a Service Academy.
• 10 U.S.C. § 347(b)(3)(A)

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  (A) A student from a military academy of a foreign country is not entitled to the pay, allowances, and emoluments of a cadet or midshipman by reason of attendance at a Service Academy under the exchange program, and the Department of Defense may not incur any cost of international travel required for transportation of such a student to and from the sponsoring foreign country.
• 10 U.S.C. § 347(b)(3)(B)

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  (B) The Secretary of the military department concerned may provide a student from a foreign country under the exchange program, during the period of the exchange, with subsistence, transportation within the continental United States, clothing, health care, and other services to the same extent that the foreign country provides comparable support and services to the exchanged cadet or midshipman in that foreign country.
• 10 U.S.C. § 347(b)(3)(C)

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  (C) A Service Academy shall bear all costs of the exchange program from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with the exchange program.
• 10 U.S.C. § 347(b)(3)(D)

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  (D) Expenditures in support of the exchange program from funds appropriated for each Academy may not exceed $1,000,000 during any fiscal year.
• 10 U.S.C. § 347(b)(4)

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  (4) Paragraphs (7), (8), and (9) of subsection (a) shall apply with respect to a student enrolled at a military academy of a foreign country while attending a Service Academy under the exchange program.
• 10 U.S.C. § 347(b)(5)

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  (5) The Secretary of the military department concerned shall prescribe regulations to implement this subsection. Such regulations may include qualification criteria and methods of selection for students of foreign military academies to participate in the exchange program.
• 10 U.S.C. § 348(a)

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  (a) Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may carry out an Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of friendly, developing foreign countries. Training under this section shall include language training and programs to promote better awareness and understanding of the democratic institutions and social framework of the United States.
• 10 U.S.C. § 348(b)(2)

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  (2) The Secretary may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this section.
• 10 U.S.C. § 351(a)(2)

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  (2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
• 10 U.S.C. § 351(b)(3)

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  (3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
• 10 U.S.C. § 382(b)(2)

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  (2) The Director may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Department of Defense to execute and administer security cooperation programs and activities described in paragraph (1) if the Director determines that the designation will achieve maximum effectiveness, efficiency, and economy in the activities for which designated.
• 10 U.S.C. § 383(a)

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  (a) The Secretary of Defense shall maintain a program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities of the Department of Defense.
• 10 U.S.C. § 383(b)(1)

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  (1) The program under subsection (a) shall provide for the following:

  (A) Initial assessments of partner capability requirements, potential programmatic risks, baseline information, and indicators of efficacy for purposes of planning, monitoring, and evaluation of security cooperation programs and activities of the Department of Defense.

  (B) Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes.

  (C) Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes.

  (D) Identification of lessons learned in carrying out such programs and activities, and development of recommendation for improving future security cooperation programs and activities of the Department of Defense.

  (E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.
• 10 U.S.C. § 383(b)(1)(B)

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  (B) Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes.
• 10 U.S.C. § 383(b)(1)(C)

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  (C) Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes.
• 10 U.S.C. § 383(b)(1)(D)

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  (D) Identification of lessons learned in carrying out such programs and activities, and development of recommendation for improving future security cooperation programs and activities of the Department of Defense.
• 10 U.S.C. § 383(b)(2)

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  (2) The program shall be conducted in accordance with international best practices, interagency standards, and, if applicable, the Government Performance and Results Act of 1993 (Public Law 103–62), and the amendments made by that Act, and the GPRA Modernization Act of 2010 (Public Law 111–352), and the amendments made by that Act.
• 10 U.S.C. § 383(c)(1)

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  (1) Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to carry out the program required by subsection (a).
• 10 U.S.C. § 383(d)(1)

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  (1) The Secretary shall submit to the congressional defense committees each year a report on the program under subsection (a) during the previous year. Each report shall include, for the year covered by such report, the following:

  (A) A description of the activities under the program.

  (B) An evaluation of the lessons learned, including a description of challenges in executing the program, and best practices identified through activities under the program.
• 10 U.S.C. § 383(d)(1)(A)

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  (A) A description of the activities under the program.
• 10 U.S.C. § 383(d)(1)(B)

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  (B) An evaluation of the lessons learned, including a description of challenges in executing the program, and best practices identified through activities under the program.
• 10 U.S.C. § 384(a)

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  (a) The Secretary of Defense shall carry out a program to be known as the “Department of Defense Security Cooperation Workforce Development Program” (in this section referred to as the “Program”) to oversee the development and management of a professional workforce supporting security cooperation programs and activities of the Department of Defense, including—

  (1) assessment, planning, monitoring, execution, evaluation, and administration of such programs and activities under this chapter; and

  (2) execution of security assistance programs and activities under the Foreign Assistance Act of 1961 and the Arms Export Control Act by the Department of Defense.
• 10 U.S.C. § 384(a)(1)

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  (1) assessment, planning, monitoring, execution, evaluation, and administration of such programs and activities under this chapter; and
• 10 U.S.C. § 384(a)(2)

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  (2) execution of security assistance programs and activities under the Foreign Assistance Act of 1961 and the Arms Export Control Act by the Department of Defense.
• 10 U.S.C. § 384(b)

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  (b) The purpose of the Program is to improve the quality and professionalism of the security cooperation workforce in order to ensure that the workforce—

  (1) has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate support to the assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and activities described in subsection (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activities; and

  (2) is assigned in a manner that ensures personnel with the appropriate level of expertise and experience are assigned in sufficient numbers to fulfill requirements for the security cooperation programs and activities of the Department of Defense and the execution of security assistance programs and activities described in subsection (a)(2).
• 10 U.S.C. § 384(b)(1)

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  (1) has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate support to the assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and activities described in subsection (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activities; and
• 10 U.S.C. § 384(b)(2)

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  (2) is assigned in a manner that ensures personnel with the appropriate level of expertise and experience are assigned in sufficient numbers to fulfill requirements for the security cooperation programs and activities of the Department of Defense and the execution of security assistance programs and activities described in subsection (a)(2).
• 10 U.S.C. § 384(c)

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  (c) 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.
• 10 U.S.C. § 384(d)(1)

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  (1) The Program shall be managed by the Director of the Defense Security Cooperation Agency.
• 10 U.S.C. § 384(d)(2)(A)

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  (A) 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.
• 10 U.S.C. § 384(d)(2)(B)

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  (B) 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.
• 10 U.S.C. § 384(e)(2)(C)

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  (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.
• 10 U.S.C. § 384(e)(2)(E)

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  (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.
• 10 U.S.C. § 384(e)(2)(G)

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  (G) Identify specific positions throughout the security cooperation workforce to be managed and assigned through the Program.
• 10 U.S.C. § 384(f)(2)(B)

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  (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.
• 10 U.S.C. § 384(g)(2)(A)

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  (A) management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense;
• 10 U.S.C. § 384(h)(1)

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  (1) Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to carry out the Program.
• 10 U.S.C. § 384(h)(2)

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  (2) Funds necessary to carry out the Program as described in paragraph (1) for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this title.
• 10 U.S.C. § 384(i)

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  (i) Amounts available for use for the Program may be transferred to any account of the military departments or the Defense Agencies for purposes of the Program.
• 10 U.S.C. § 385(a)

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  (a) Subject to subsection (c), the Secretary of Defense is authorized to support other departments and agencies of the United States Government for the purpose of implementing or supporting foreign assistance programs and activities described in subsection (b) that advance security cooperation objectives of the Department of Defense.
• 10 U.S.C. § 385(b)

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  (b) The foreign assistance programs and activities described in this subsection are foreign assistance programs and activities that—

  (1) are necessary for the effectiveness of one or more programs of the Department of Defense relating to security cooperation conducted pursuant to an authority in this chapter; and

  (2) cannot be carried out by the Department.
• 10 U.S.C. § 385(b)(1)

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  (1) are necessary for the effectiveness of one or more programs of the Department of Defense relating to security cooperation conducted pursuant to an authority in this chapter; and
• 10 U.S.C. § 385(d)

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  (d) If a determination is made to transfer funds in connection with the provision of support pursuant to subsection (a) for a program or activity, the transfer may not occur until—

  (1) the Secretary and the head of the department or agency to receive the funds jointly submit to the congressional defense committees a notice on the transfer, which notice shall include—

  (A) a detailed description of the purpose and estimated cost of such program or activity;

  (B) a detailed description of the security cooperation objectives of the Department, including the theater campaign plan of the combatant command concerned, that will be advanced;

  (C) a justification why such program or activity will advance such objectives;

  (D) a justification why such program or activity cannot be carried out by the Department;

  (E) an identification of any funds programmed or obligated by the department or agency other than the Department on such program or activity; and

  (F) a timeline for the provision of such support; and

  (2) a period of 30 days elapses after the date of the submittal of the notice pursuant to paragraph (1).
• 10 U.S.C. § 385(d)(1)(A)

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  (A) a detailed description of the purpose and estimated cost of such program or activity;
• 10 U.S.C. § 385(d)(1)(C)

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  (C) a justification why such program or activity will advance such objectives;
• 10 U.S.C. § 385(d)(1)(D)

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  (D) a justification why such program or activity cannot be carried out by the Department;
• 10 U.S.C. § 385(d)(1)(E)

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  (E) an identification of any funds programmed or obligated by the department or agency other than the Department on such program or activity; and
• 10 U.S.C. § 386(b)(2)(D)

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  (D) With respect to section 333 of this title, the value of all programs for which notice is required by such section.
• 10 U.S.C. § 386(b)(2)(F)

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  (F) With respect to amounts made available for section 341 of this title, the Department of Defense manpower and travel costs to conduct bilateral state partnership program engagements with the partner country.
• 10 U.S.C. § 386(b)(3)(B)

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  (B) The number of new programs carried out during the period of the report that required notice under section 331 of this title.
• 10 U.S.C. § 386(b)(3)(E)

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  (E) The number of new programs carried out during the period of the report that required notice under section 333 of this title.
• 10 U.S.C. § 386(b)(3)(G)

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  (G) With respect to section 341 of this title, the number of Department of Defense bilateral state partnership program engagements with the partner country that began during the period of the report.
• 10 U.S.C. § 386(b)(4)(D)

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  (D) For each program that required notice to Congress under section 333 of this title during the period of the report—

  (i) the units of the national security forces of the foreign country to which assistance was provided;

  (ii) the type of operation capability assisted;

  (iii) a description of the nature of the assistance being provided; and

  (iv) the estimated cost included in the notice provided for such assistance.
• 10 U.S.C. § 391(c)(3)(B)

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  (B) provide that an operationally critical contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for the Department in connection with any Department program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated.
• 10 U.S.C. § 391b(a)(1)

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  (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.
• 10 U.S.C. § 391b(a)(2)

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  (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).
• 10 U.S.C. § 391b(b)

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  (b) 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.
• 10 U.S.C. § 391b(c)(1)

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  (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.
• 10 U.S.C. § 391b(c)(2)

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  (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.
• 10 U.S.C. § 391b(c)(3)

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  (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).
• 10 U.S.C. § 391b(d)(1)

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  (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.
• 10 U.S.C. § 391b(d)(2)

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  (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.
• 10 U.S.C. § 391b(e)

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  (e) 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).
• 10 U.S.C. § 391b(f)(3)

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  (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.
• 10 U.S.C. § 391b(f)(4)

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  (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.
• 10 U.S.C. § 391b(f)(5)

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  (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.
• 10 U.S.C. § 391b(g)

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  (g) 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.
• 10 U.S.C. § 391b(g)(2)

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  (2) the alignment of Cyber Protection Teams with the prioritized missions of the Program;
• 10 U.S.C. § 391b(g)(3)

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  (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
• 10 U.S.C. § 391b(g)(4)

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  (4) the role of the Principal Cyber Adviser in coordinating and monitoring the execution of the Program.
• 10 U.S.C. § 391b(h)

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  (h) 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.
• 10 U.S.C. § 391b(h)(5)

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  (5) the work of the Program in general, including information relating to staffing and accomplishments.
• 10 U.S.C. § 391b(i)(1)

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  (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).
• 10 U.S.C. § 391b(i)(3)

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  (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.
• 10 U.S.C. § 392a(a)(4)(A)

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  (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the Secretaries of the military departments and the heads of the Defense agencies with responsibilities associated with any activity specified in paragraph (2) to transmit the proposed budget for such activities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Principal Cyber Advisor for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
• 10 U.S.C. § 392a(b)(3)(B)(ii)

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  (ii) To advise the Secretary of Defense on cyber programs, projects, and activities of the Department, including with respect to policy, training, resources, personnel, manpower, and acquisitions and technology.
• 10 U.S.C. § 392a(b)(3)(B)(iii)

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  (iii) To oversee implementation of Department policy and operational directives on cyber programs, projects, and activities, including with respect to resources, personnel, manpower, and acquisitions and technology.
• 10 U.S.C. § 392a(b)(3)(B)(vii)

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  (vii) To identify shortfalls in capabilities to conduct Department missions in and through cyberspace, and make recommendations on addressing such shortfalls in the Program Budget Review process.
• 10 U.S.C. § 392a(c)(2)

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  (2) Each Principal Cyber Advisor under paragraph (1) shall be responsible for advising both the secretary of the relevant military department and the senior uniformed military officer of the relevant military service and implementing the Department of Defense Cyber Strategy within the service by coordinating and overseeing the execution of the service’s policies and programs relevant to the following:

  (A) The recruitment, resourcing, and training of military cyberspace operations forces, assessment of these forces against standardized readiness metrics, and maintenance of these forces at standardized readiness levels.

  (B) Acquisition of offensive, defensive, and Department of Defense Information Networks cyber capabilities for military cyberspace operations.

  (C) Cybersecurity management and operations.

  (D) Acquisition of cybersecurity tools and capabilities, including those used by cybersecurity service providers.

  (E) Evaluating, improving, and enforcing a culture of cybersecurity warfighting and accountability for cybersecurity and cyberspace operations.

  (F) Cybersecurity and related supply chain risk management of the industrial base.

  (G) Cybersecurity of Department of Defense information systems, information technology services, and weapon systems, including the incorporation of cybersecurity threat information as part of secure development processes, cybersecurity testing, and the mitigation of cybersecurity risks.
• 10 U.S.C. § 392a(c)(4)(A)

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  (A) Each of the secretaries of the military departments shall require service components with responsibilities associated with cyberspace operations forces, offensive or defensive cyberspace operations and capabilities, and cyberspace issues relevant to the duties specified in paragraph (2) to transmit the proposed budget for such responsibilities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year to the relevant service’s Principal Cyber Advisor for review under subparagraph (B) before submitting the proposed budget to the department’s comptroller.
• 10 U.S.C. § 393(c)(1)(C)

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  (C) A summary of information created by or for the Department in connection with any Department program that has been potentially compromised due to such penetration.
• 10 U.S.C. § 393(c)(2)(B)

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  (B) provide that a cleared defense contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for the Department in connection with any Department program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and
• 10 U.S.C. § 393(e)(1)

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  (1) The term “cleared defense contractor” means a private entity granted clearance by the Department of Defense to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of the Department of Defense.
• 10 U.S.C. § 398(a)(2)(A)

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  (A) A description of the military information support operation program (in this section referred to as a “MISO program”) supported by the MISO plan.
• 10 U.S.C. § 398(b)(1)

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  (1) A list of each MISO program and the combatant command responsible for the program.
• 10 U.S.C. § 398a(f)(1)

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  (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).
• 10 U.S.C. § 398a(f)(2)(C)

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  (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).
• 10 U.S.C. § 398a(g)(2)

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  (2) The term “cyber capability” means a device or computer program, including any combination of software, firmware, or hardware, designed to create an effect in or through cyberspace.
• 10 U.S.C. § 404(d)

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  (d) Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department shall be available for organizing general policies and programs for disaster relief programs for disasters occurring outside the United States.
• 10 U.S.C. § 409(e)(3)(B)

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  (B) the integrity of any program of the Department or of any person involved in such a program.
• 10 U.S.C. § 422(a)

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  (a) The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters.
• 10 U.S.C. § 426(b)(1)(E)(iii)

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  (iii) a qualitative assessment of the alignment of intelligence and counterintelligence capabilities and activities with the program of analysis for each combat support agency and intelligence center of a military service that is part of—

  (I) the Defense Intelligence Enterprise; and

  (II) the intelligence community.
• 10 U.S.C. § 427(e)(3)(B)

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  (B) the integrity of any program of the Department or of any person involved in such a program.
• 10 U.S.C. § 428(b)

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  (b) The Secretary shall carry out the responsibility assigned under subsection (a) in a manner consistent with Executive Order 12829 (or any successor order to such executive order) and consistent with policies relating to the National Industrial Security Program (or any successor to such program).
• 10 U.S.C. § 428(c)

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  (c) The Secretary may perform industrial security functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any successor to such program).
• 10 U.S.C. § 429a(a)

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  (a) Subject to subsections (b) and (c), the Secretary of Defense may expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence activities for any purpose the Secretary determines to be proper with regard to intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature. Such a determination is final and conclusive upon the accounting officers of the United States.
• 10 U.S.C. § 429a(d)

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  (d) Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees and the congressional intelligence committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each such report shall include, for each expenditure under this section during the fiscal year covered by the report, a description, the purpose, the program element, and the certification required under section (c).
• 10 U.S.C. § 429a(f)

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  (f) The authority provided by subsection (a) shall be the exclusive authority available to the Secretary of Defense to expend amounts made available for the Military Intelligence Program for intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature.
• 10 U.S.C. § 430d(c)(2)

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  (2) The Secretary shall carry out subsection (a) using funds made available for the United States Cyber Command under the Military Intelligence Program.
• 10 U.S.C. § 430d(c)(3)

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  (3) The National Security Agency may not provide information technology services for the dedicated cyber intelligence capability under subsection (a) unless such services are provided under the Military Intelligence Program or the Information Systems Security Program.
• 10 U.S.C. § 462

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  The Secretary of Defense may establish an undergraduate training program with respect to civilian employees of the National Geospatial-Intelligence Agency that is similar in purpose, conditions, content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
• 10 U.S.C. § 467(1)

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  (1) The term “function” means any duty, obligation, responsibility, privilege, activity, or program.
• 10 U.S.C. § 492(d)(2)

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  (2) the Director of the Strategic Systems Program of the Navy;
• 10 U.S.C. § 492a(b)(2)

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  (2) an estimate of the costs during such period of any life extension, modernization, or replacement of any current nuclear weapons or nuclear weapon delivery systems of the United States that is anticipated as of the date of such report, including an estimate of the acquisition costs during such period for programs relating to such life extension, modernization, or replacement;
• 10 U.S.C. § 492a(d)(1)

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  (1) 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.
• 10 U.S.C. § 492a(d)(2)

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  (2) 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.
• 10 U.S.C. § 492b(b)(2)

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  (2) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs.
• 10 U.S.C. § 492b(b)(4)

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  (4) The Deputy Administrator for Defense Programs of the National Nuclear Security Administration.
• 10 U.S.C. § 493a(b)(4)

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  (4) assess whether personnel with critical skills and knowledge, intellectual property on manufacturing processes, and facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable within the scopes of the B–21 aircraft program and the Sentinel intercontinental ballistic missile weapon system program.
• 10 U.S.C. § 494(a)(1)(B)

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  (B) the United States should undertake and support an enduring stockpile stewardship program and maintain and modernize nuclear weapons production capabilities and capacities to ensure the safety, security, reliability, and credibility of the United States nuclear deterrent and to meet requirements for hedging against possible international developments or technical problems;
• 10 U.S.C. § 494(a)(2)(A)(ii)(II)

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  (II) an identification of the stockpile work, campaign, facility, site, asset, program, operation, activity, construction, or project for which additional funds are required;
• 10 U.S.C. § 494(b)(2)(B)

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  (B) The planned force levels for each category of nuclear weapon over the course of the future-years defense program submitted to Congress under section 221 of this title for the fiscal year following the fiscal year in which the report is submitted.
• 10 U.S.C. § 499a(a)

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  (a) The Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation, and the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall collect and store cost, programmatic, and technical data relating to programs and projects of the nuclear security enterprise and nuclear forces.
• 10 U.S.C. § 499a(b)

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  (b) If the Director of Cost Assessment and Program Evaluation or the Director for Cost Estimating and Program Evaluation requests data relating to programs or projects from any element of the Department of Defense or from any element of the nuclear security enterprise of the National Nuclear Security Administration, that element shall provide that data in a timely manner.
• 10 U.S.C. § 499a(c)(1)

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  (1) Data collected by the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation under this section shall be—

  (A) stored in the data storage system of the Defense Cost and Resource Center, or successor center, or in a data storage system of the National Nuclear Security Administration that is comparable to the data storage system of the Defense Cost and Resource Center; and

  (B) made accessible to other Federal agencies as such Directors consider appropriate.
• 10 U.S.C. § 499a(c)(2)

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  (2) The Secretary and the Administrator shall ensure that the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation have sufficient information system support, as determined by such Directors, to facilitate the timely hosting, handling, and sharing of data relating to programs and projects of the nuclear security enterprise under this section at the appropriate level of classification.
• 10 U.S.C. § 499a(c)(3)

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  (3) The Deputy Administrator for Naval Reactors of the National Nuclear Security Administration may coordinate with the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation to ensure that, at the discretion of the Deputy Administrator, data relating to programs and projects of the Office of Naval Reactors are correctly represented in the data storage system pursuant to paragraph (1)(A).
• 10 U.S.C. § 499a(d)

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  (d) The Secretary and the Administrator shall ensure that any relevant contract relating to a program or project of the nuclear security enterprise and nuclear forces that is entered into after December 11, 2017, appropriately includes—

  (1) requirements and standards for data collection; and

  (2) requirements for reporting on cost, programmatic, and technical data using procedures, standards, and formats approved by the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation.
• 10 U.S.C. § 499a(d)(2)

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  (2) requirements for reporting on cost, programmatic, and technical data using procedures, standards, and formats approved by the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation.
• 10 U.S.C. § 499c(a)(2)

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  (2) complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces, including how to draw upon public and private sector resources and the program management expertise within the Defense Acquisition University.
• 10 U.S.C. § 499c(c)(2)

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  (2) The Columbia-class ballistic missile submarine program.
• 10 U.S.C. § 499c(c)(3)

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  (3) The long-range standoff weapon program.
• 10 U.S.C. § 499c(c)(4)

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  (4) The B–21 Raider bomber aircraft program.
• 10 U.S.C. § 499c(c)(5)

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  (5) The F–35A dual-capable aircraft program.
• 10 U.S.C. § 500(c)(1)

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  (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;
• 10 U.S.C. § 500b(b)(1)(C)

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  (C) the organizational structure assigned to oversee the development of the Department’s electromagnetic spectrum strategy, requirements, capabilities, programs, and projects.
• 10 U.S.C. § 500b(b)(2)

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  (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.
• 10 U.S.C. § 500b(b)(3)

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  (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.
• 10 U.S.C. § 500b(b)(3)(A)

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  (A) the senior acquisition executive and organization responsible for oversight of the program or project;
• 10 U.S.C. § 500b(b)(3)(B)

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  (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;
• 10 U.S.C. § 500b(b)(3)(C)

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  (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;
• 10 U.S.C. § 500b(b)(3)(D)

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  (D) the development or procurement schedule for the program or project;
• 10 U.S.C. § 500b(b)(3)(E)

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  (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;
• 10 U.S.C. § 500b(b)(3)(F)

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  (F) the technology readiness level of each critical technology that is part of the program or project;
• 10 U.S.C. § 500b(b)(3)(G)

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  (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and
• 10 U.S.C. § 500b(b)(3)(H)

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  (H) the capability gap that the program or project is being developed or procured to fulfill.
• 10 U.S.C. § 500b(b)(4)

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  (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).
• 10 U.S.C. § 500f(a)(3)(A)

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  (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.
• 10 U.S.C. § 500f(a)(3)(B)

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  (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.
• 10 U.S.C. § 503(a)(2)

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  (2) The Secretary of Defense shall act on a continuing basis to enhance the effectiveness of recruitment programs of the Department of Defense (including programs conducted jointly and programs conducted by the separate armed forces) through an aggressive program of advertising and market research targeted at prospective recruits for the armed forces and those who may influence prospective recruits. Subchapter I of chapter 35 of title 44 shall not apply to actions taken as part of that program.
• 10 U.S.C. § 504(c)(1)

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  (1) The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about opportunities to work in areas of national interest to the United States.
• 10 U.S.C. § 504(c)(3)

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  (3) In carrying out the program required by paragraph (1), the Secretary shall—

  (A) identify job opportunities in the defense industrial base, cybersecurity or intelligence support, research and development in defense technologies, national emergency and disaster preparedness, or any other non-military field the Secretary considers in the national interests of the United States;

  (B) provide available information about training or certification programs to obtain the skills necessary for such a job; and

  (C) seek to enter into agreements with entities in the fields described in subparagraph (A).
• 10 U.S.C. § 504(c)(3)(B)

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  (B) provide available information about training or certification programs to obtain the skills necessary for such a job; and
• 10 U.S.C. § 504(c)(4)

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  (4) The Secretary of Defense shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program required by this subsection. Such report shall include, with respect to the year preceding the date of the report, the following elements:

  (A) The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).

  (B) The number of individuals described in paragraph (2) provided information described in paragraph (3)(B).

  (C) The number of agreements described in paragraph (3)(C) into which the Secretary entered.
• 10 U.S.C. § 510(a)

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  (a) The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date.
• 10 U.S.C. § 510(c)(3)(E)

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  (E) in Americorps or another domestic national service program jointly designated by the Secretary of Defense and the head of such program for purposes of this section; or
• 10 U.S.C. § 510(d)

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  (d) The Secretary of Defense shall designate military occupational specialties for purposes of subsection (c)(1). Such military occupational specialties shall be military occupational specialties that, as determined by the Secretary, will facilitate pursuit of national service by National Call to Service participants and shall include military occupational specialties for enlistments for officer training and subsequent service as an officer, in cases in which the reason for the enlistment and entry into an agreement under subsection (b) is to enter an officer training program.
• 10 U.S.C. § 510(k)

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  (k) The Secretary of Defense and the Secretaries of the military departments shall prescribe regulations for purposes of the program under this section.
• 10 U.S.C. § 510(l)(1)

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  (1) The term “Americorps” means the Americorps program carried out under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
• 10 U.S.C. § 511(a)

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  (a) The Secretary of each military department may establish a program to increase the number of, and the level of the qualifications of, persons entering the armed forces as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service.
• 10 U.S.C. § 511(b)(1)(B)

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  (B) to authorize, notwithstanding the period limitation in subsection (b) of that section, a delay of the enlistment of any such person in a regular component under that subsection for the period during which the person is enrolled in, and pursuing a program of education at, an institution of higher education, or a program of vocational or technical training, on a full-time basis that is to be completed within the maximum period of delay determined for that person under subsection (c); and
• 10 U.S.C. § 511(b)(2)

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  (2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a program described in paragraph (1)(B).
• 10 U.S.C. § 511(f)

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  (f) Upon enlisting in the regular component of the member’s armed force, a person who initially enlisted as a Reserve under this section may, at the discretion of the Secretary concerned, be eligible for all regular special pays, bonuses, education benefits, and loan repayment programs.
• 10 U.S.C. § 520c(1)

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  (1) Persons who have enlisted under the Delayed Entry Program authorized by section 513 of this title.
• 10 U.S.C. § 582(3)

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  (3) Students enrolled in the Army Physician’s Assistant Program.
• 10 U.S.C. § 619a(b)(4)

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  (4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title.
• 10 U.S.C. § 661(c)(1)(A)

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  (A) successfully completes an appropriate program of joint professional military education, as described in subsections (b) and (c) of section 2155 of this title, at a joint professional military education school; and
• 10 U.S.C. § 661(c)(2)

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  (2) Subject to paragraphs (3) through (6), the Secretary of Defense may waive the requirement under paragraph (1)(A) that an officer has successfully completed a program of education, as described in subsections (b) and (c) of section 2155 of this title.
• 10 U.S.C. § 663(d)(1)

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  (1) Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.
• 10 U.S.C. § 663(d)(2)

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  (2) Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.
• 10 U.S.C. § 668(a)(1)(B)

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  (B) Acquisition matters conducted by members of the armed forces and covered under chapter 87 of this title involved in developing, testing, contracting, producing, or fielding of multi-service programs or systems.
• 10 U.S.C. § 708(a)

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  (a) Under such regulations as the Secretary of Defense may prescribe after consultation with the Secretary of Homeland Security and subject to subsection (b), the Secretary concerned may grant to any eligible member (as defined in subsection (e)) a leave of absence for the purpose of permitting the member to pursue a program of education. The period of a leave of absence granted under this section may not exceed two years, except that the period may exceed two years but may not exceed three years in the case of an eligible member pursuing a program of education in a health care profession.
• 10 U.S.C. § 708(b)(1)(A)

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  (A) in the case of an enlisted member, the member agrees in writing to extend his current enlistment after completion (or other termination) of the program of education for which the leave of absence was granted for a period of two months for each month of the period of the leave of absence; and
• 10 U.S.C. § 708(b)(1)(B)

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  (B) in the case of an officer, the member agrees to serve on active duty after completion (or other termination) of the program of education for which the leave of absence was granted for a period (in addition to any other period of obligated service on active duty) of two months for each month of the period of the leave of absence.
• 10 U.S.C. § 708(d)(2)

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  (2) The Secretary concerned may cancel a leave of absence granted to a member under this section if the Secretary determines that the member is not satisfactorily pursuing the program of education for which the leave was granted.
• 10 U.S.C. § 710(a)(1)

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  (1) Each Secretary of a military department may carry out programs under which members of the regular components or of the Space Force and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
• 10 U.S.C. § 710(a)(2)

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  (2) Notwithstanding subsection (b)(1), if the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon the completion of such detail for such period of time as the Secretary determines appropriate so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned.
• 10 U.S.C. § 710(b)(1)

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  (1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.
• 10 U.S.C. § 710(b)(2)

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  (2) Any service by a Reserve officer, or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title, while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.
• 10 U.S.C. § 710(b)(3)

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  (3) Any period of participation of a member in a program under this section shall not count toward—

  (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or

  (B) computation of retired or retainer pay under chapter 71 or 1223 of this title.
• 10 U.S.C. § 710(c)

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  (c) Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

  (1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status.

  (2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

  (3) Following completion of the period of the inactivation of the member from active service under the program, to serve one month as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.
• 10 U.S.C. § 710(c)(1)

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  (1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status.
• 10 U.S.C. § 710(c)(2)

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  (2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
• 10 U.S.C. § 710(c)(3)

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  (3) Following completion of the period of the inactivation of the member from active service under the program, to serve one month as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.
• 10 U.S.C. § 710(e)

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  (e) Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.
• 10 U.S.C. § 710(f)(1)

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  (1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
• 10 U.S.C. § 710(f)(2)(A)

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  (A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.
• 10 U.S.C. § 710(f)(2)(B)

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  (B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
• 10 U.S.C. § 710(f)(3)(A)

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  (A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—

  (i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

  (ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).
• 10 U.S.C. § 710(f)(3)(A)(i)

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  (i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
• 10 U.S.C. § 710(f)(4)(A)

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  (A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for—

  (i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and

  (ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.
• 10 U.S.C. § 710(f)(4)(A)(i)

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  (i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and
• 10 U.S.C. § 710(f)(4)(A)(ii)

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  (ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.
• 10 U.S.C. § 710(f)(5)

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  (5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.
• 10 U.S.C. § 710(g)(1)(A)

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  (A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36, 1405, or 2005 of this title.
• 10 U.S.C. § 710(g)(1)(B)

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  (B) Upon the return of an officer to active service after completion by the officer of participation in a program—

  (i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

  (ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.
• 10 U.S.C. § 710(g)(2)

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  (2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—

  (A) begins on the date of the inactivation of the member from active service under the program; and

  (B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.
• 10 U.S.C. § 710(g)(2)(A)

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  (A) begins on the date of the inactivation of the member from active service under the program; and
• 10 U.S.C. § 710(g)(2)(B)

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  (B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.
• 10 U.S.C. § 710(h)

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  (h) A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—

  (1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title;

  (2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title;

  (3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title;

  (4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and

  (5) the eligibility of the member for general benefits as provided in part II of title 38.
• 10 U.S.C. § 893a(b)(2)

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  (2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program;
• 10 U.S.C. § 893a(d)(1)(A)

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  (A) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;
• 10 U.S.C. § 893a(d)(1)(B)

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  (B) a member of the armed forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and
• 10 U.S.C. § 893a(d)(1)(C)

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  (C) a member of the armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification.
• 10 U.S.C. § 893a(d)(2)(A)

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  (A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification.
• 10 U.S.C. § 923(a)(3)

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  (3) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer;
• 10 U.S.C. § 945(d)

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  (d) The Secretary of Defense shall prescribe by regulation a program to provide annuities for survivors and former spouses of persons receiving annuities under this section by reason of elections made by such persons under subsection (a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the Federal Government. The program may include provisions for the reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or former judge to receive an annuity under this section terminates any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (f)(1)(B)).
• 10 U.S.C. § 978(a)(3)

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  (3) The Secretary concerned shall require an applicant for appointment as a cadet or midshipman to undergo the testing and evaluation described in paragraph (1) within 72 hours of such appointment. The Secretary concerned shall require a person to whom a commission is offered under section 2106 of this title following completion of the program of advanced training under the Reserve Officers’ Training Corps program to undergo such testing and evaluation before such an appointment is executed.
• 10 U.S.C. § 991(c)(1)(C)

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  (C) maintain a central data collection repository to provide information for research, actuarial analysis, interagency reporting, and evaluation of Department of Defense programs and policies.
• 10 U.S.C. § 992(a)(1)

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  (1) The Secretary concerned shall carry out a program to provide comprehensive financial literacy training to members of the armed forces under the jurisdiction of the Secretary on—

  (A) financial services that are available under law to members;

  (B) financial services that are routinely offered by private sector sources to members;

  (C) practices relating to the marketing of private sector financial services to members;

  (D) such other matters relating to financial services available to members, and the marketing of financial services to members, as the Secretary considers appropriate; and

  (E) such other financial practices as the Secretary considers appropriate.
• 10 U.S.C. § 1030(c)(3)

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  (3) A member of the armed forces detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers’ Training Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).
• 10 U.S.C. § 1032(b)

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  (b) Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
• 10 U.S.C. § 1033(b)(3)(A)

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  (A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences).
• 10 U.S.C. § 1033(b)(3)(E)

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  (E) An entity that, operating in a foreign nation where United States military personnel are serving at United States military activities, promotes understanding and tolerance between such personnel (and their families) and the citizens of that host foreign nation through programs that foster social relations between those persons.
• 10 U.S.C. § 1044(b)

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  (b) Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of legal assistance programs under this section.
• 10 U.S.C. § 1044e(b)(2)

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  (2) Legal consultation regarding the Victim Witness Assistance Program, including—

  (A) the rights and benefits afforded the victim;

  (B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and

  (C) the nature of communication made to the liaison in comparison to communication made to a Special Victims’ Counsel or a legal assistance attorney under section 1044 of this title.
• 10 U.S.C. § 1044e(b)(2)(B)

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  (B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
• 10 U.S.C. § 1044e(b)(8)(D)

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  (D) in understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title, section 1408(h) of this title, and other State and Federal victims’ compensation programs.
• 10 U.S.C. § 1044e(e)(2)

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  (2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Special Victims’ Counsel programs operated under this section.
• 10 U.S.C. § 1044e(e)(3)(A)

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  (A) guiding principles for the Special Victims’ Counsel program, to include ensuring that—

  (i) Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face communication between counsel and clients; and

  (ii) effective means of communication are available to permit counsel and client interactions when face-to-face communication is not feasible;
• 10 U.S.C. § 1044e(e)(3)(B)

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  (B) performance measures and standards to measure the effectiveness of the Special Victims’ Counsel program and client satisfaction with the program; and
• 10 U.S.C. § 1044e(e)(3)(C)

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  (C) processes by which the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating will evaluate and monitor the Special Victims’ Counsel program using such guiding principles and performance measures and standards.
• 10 U.S.C. § 1046(a)

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  (a) The Secretary concerned may establish a program to provide temporary foster care services outside the United States for children accompanying members of the armed forces on duty at stations outside the United States. The foster care services provided under such a program shall be similar to those services provided by State and local governments in the United States.
• 10 U.S.C. § 1052(a)

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  (a) The Secretary of Defense shall carry out a program under which a member of the armed forces may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
• 10 U.S.C. § 1052(d)

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  (d) A benefit may not be paid under this section for any expense paid to or for a member of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
• 10 U.S.C. § 1053(a)(1)

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  (1) A member of the armed forces (or a former member of the armed forces entitled to retired pay under chapter 1223 of this title) who, in accordance with law or regulation, participates in a program for the automatic deposit of pay to a financial institution may be reimbursed by the Secretary concerned for a covered late-deposit charge.
• 10 U.S.C. § 1055(a)

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  (a) The Secretary of Defense may carry out a program under which the Secretary of a military department agrees to indemnify a landlord who leases a rental unit to a member of the armed forces against a breach of the lease by the member or for damage to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the landlord shall be required to waive any requirement for payment by the member of a security deposit that the landlord would otherwise require.
• 10 U.S.C. § 1055(b)(1)

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  (1) For purposes of carrying out a program authorized by subsection (a), the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a rental unit to a member of the armed forces under the jurisdiction of the Secretary. An agreement under this paragraph shall provide that—

  (A) the term of the agreement shall remain in effect during the term of the member’s lease and during any lease renewal periods with the lessor;

  (B) the member shall not pay a security deposit;

  (C) the Secretary (except as provided in subparagraphs (D) and (E)) shall compensate the landlord for breach of the lease by the member and for damage to the rental unit caused by the member or by a guest or dependent of the member;

  (D) the total liability of the Secretary for a breach of the lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary determines would have been required by the landlord as a security deposit in the absence of an agreement authorized in this paragraph;

  (E) the Secretary may not compensate the landlord for any claim for breach of the lease or for damage described in subparagraph (C) until the landlord exhausts any remedies available to the landlord (including submission to binding arbitration by a panel composed of military personnel and persons from the private sector) against the member for the breach or damage; and

  (F) the Secretary shall be subrogated to the rights of the landlord in any case in which the Secretary compensates the landlord for breach of the lease or for damage described in subparagraph (C).
• 10 U.S.C. § 1056(a)

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  (a) The Secretary of Defense shall carry out a program to provide relocation assistance to members of the armed forces and their families as provided in this section. In addition, the Secretary of Defense shall make every effort, consistent with readiness objectives, to stabilize and lengthen tours of duty to minimize the adverse effects of relocation.
• 10 U.S.C. § 1056(b)(1)

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  (1) The Secretary of each military department, under regulations prescribed by the Secretary of Defense, shall provide relocation assistance, through military relocation assistance programs described in subsection (c), to members of the armed forces who are ordered to make a change of permanent station which includes a move to a new location (and for dependents of such members who are authorized to move in connection with the change of permanent station).
• 10 U.S.C. § 1056(b)(2)(E)

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  (E) Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.
• 10 U.S.C. § 1056(b)(2)(F)(i)

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  (i) information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;
• 10 U.S.C. § 1056(b)(2)(F)(v)

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  (v) information on available legal and financial counseling programs; and
• 10 U.S.C. § 1056(b)(2)(F)(vi)

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  (vi) any other assistance programs that support members of the armed forces and their families during relocation.
• 10 U.S.C. § 1056(b)(4)(B)

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  (B) ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;
• 10 U.S.C. § 1056(b)(4)(C)

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  (C) develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and
• 10 U.S.C. § 1056(c)(1)

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  (1) The Secretary shall provide for the establishment of military relocation assistance programs to provide the relocation assistance described in subsection (b). The Secretary shall establish such a program in each geographic area in which at least 500 members of the armed forces are assigned to or serving at a military installation. A member who is not stationed within a geographic area that contains such a program shall be given access to such a program. The Secretary shall ensure that persons on the staff of each program are trained in the techniques and delivery of professional relocation assistance.
• 10 U.S.C. § 1056(c)(2)

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  (2) The Secretary shall ensure that information available through each military relocation assistance program shall be managed through a computerized information system that can interact with all other military relocation assistance programs of the military departments, including programs located outside the continental United States.
• 10 U.S.C. § 1056(c)(3)

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  (3) Duties of each military relocation assistance program shall include assisting personnel offices on the military installation in using the computerized information available through the program to help provide members of the armed forces who are deciding whether to reenlist information on locations of possible future duty assignments.
• 10 U.S.C. § 1056(d)

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  (d) The Secretary of Defense shall establish the position of Director of Military Relocation Assistance Programs in the office of the Assistant Secretary of Defense (Force Management and Personnel). The Director shall oversee development and implementation of the military relocation assistance programs under this section.
• 10 U.S.C. § 1059(a)

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  (a) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.
• 10 U.S.C. § 1060a(a)

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  (a) The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education to members of the armed forces on duty at stations outside the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its territories and possessions).
• 10 U.S.C. § 1060a(b)

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  (b) The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).
• 10 U.S.C. § 1060a(c)(1)(A)

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  (A) The Secretary of Defense shall administer the program referred to in subsection (a) and, except as provided in subparagraph (B), shall determine eligibility for program benefits under the criterion published by the Secretary of Agriculture under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). In determining eligibility for benefits, a person already certified for participation in the special supplemental nutrition program for women, infants, and children under such section 17 shall be considered eligible for the duration of the certification period under that special supplemental nutrition program.
• 10 U.S.C. § 1060a(c)(1)(B)

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  (B) In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A), including nutritional risk standards. In the application of such criterion, the Secretary shall exclude from income any basic allowance for housing as permitted under section 17(d)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).
• 10 U.S.C. § 1060a(c)(2)

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  (2) The program benefits provided under the program shall be similar to benefits provided by State and local agencies in the United States, particularly with respect to nutrition education.
• 10 U.S.C. § 1060a(c)(3)

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  (3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).
• 10 U.S.C. § 1060a(d)

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  (d) The Secretary of Defense may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made available in the program when local conditions preclude strict compliance or when such compliance is highly impracticable.
• 10 U.S.C. § 1060a(e)(1)

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  (1) In the administration of the program under this section, the Secretary of Defense may enter into a contract with a producer of a particular brand of food that provides for—

  (A) the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores or Navy Exchange Markets of the Department of Defense as a supplemental food under the program; and

  (B) the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program.
• 10 U.S.C. § 1060a(e)(1)(A)

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  (A) the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores or Navy Exchange Markets of the Department of Defense as a supplemental food under the program; and
• 10 U.S.C. § 1060a(e)(1)(B)

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  (B) the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program.
• 10 U.S.C. § 1060a(e)(4)

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  (4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as the other sums in the appropriation.
• 10 U.S.C. § 1060a(f)

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  (f) The Secretary of Defense shall prescribe regulations to administer the program authorized by this section.
• 10 U.S.C. § 1071

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  The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain former members of those services, and for their dependents.
• 10 U.S.C. § 1072(4)

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  (4) The term “Civilian Health and Medical Program of the Uniformed Services” means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title.
• 10 U.S.C. § 1072(7)

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  (7) The term “TRICARE program” means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options:

  (A) TRICARE Prime.

  (B) TRICARE Select.

  (C) TRICARE for Life.
• 10 U.S.C. § 1073(a)(2)

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  (2) Except as otherwise provided in this chapter, the Secretary of Defense shall have responsibility for administering the TRICARE program and making any decision affecting such program.
• 10 U.S.C. § 1073(b)

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  (b) The Secretary of Defense shall, to the maximum extent practicable, provide a stable program of benefits under this chapter throughout each fiscal year. To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be administered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense may implement any such change prior to the next fiscal quarter if the Secretary determines that the change would significantly improve the provision of care to eligible beneficiaries under this chapter.
• 10 U.S.C. § 1073c(f)(1)(C)

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  (C) responsible for coordinating funding for Defense Health Program Research, Development, Test, and Evaluation, the Congressionally Directed Medical Research Program, and related Department of Defense medical research.
• 10 U.S.C. § 1073c(f)(2)(B)

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  (B) comprised of the Army Public Health Center, the Navy–Marine Corps Public Health Center, Air Force public health programs, and any other related defense health activities that the Secretary considers appropriate, including overseas laboratories focused on preventive medicine, environmental health, and similar matters.
• 10 U.S.C. § 1073d(b)(3)(B)

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  (B) Graduate medical education programs.
• 10 U.S.C. § 1073d(b)(3)(C)

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  (C) Residency training programs.
• 10 U.S.C. § 1073d(c)(2)(B)

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  (B) such other programs and functions as the Secretary determines appropriate.
• 10 U.S.C. § 1073f(a)(1)

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  (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
• 10 U.S.C. § 1073f(a)(2)

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  (2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
• 10 U.S.C. § 1073f(a)(3)

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  (3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
• 10 U.S.C. § 1073f(b)(1)

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  (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
• 10 U.S.C. § 1073f(b)(2)(A)

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  (A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
• 10 U.S.C. § 1073f(b)(2)(B)

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  (B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
• 10 U.S.C. § 1073f(c)

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  (c) The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
• 10 U.S.C. § 1073f(d)

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  (d) Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
• 10 U.S.C. § 1074(c)(1)

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  (1) Funds appropriated to a military department, the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), or the Department of Health and Human Services (with respect to the National Oceanic and Atmospheric Administration and the Public Health Service) may be used to provide medical and dental care to persons entitled to such care by law or regulations, including the provision of such care (other than elective private treatment) in private facilities for members of the uniformed services. If a private facility or health care provider providing care under this subsection is a health care provider under the Civilian Health and Medical Program of the Uniformed Services, the Secretary of Defense, after consultation with the other administering Secretaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject to any modifications considered appropriate by the Secretary) as apply under that program.
• 10 U.S.C. § 1074(c)(3)(C)(ii)

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  (ii) Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a program of instruction for the Reserve Officers’ Training Corps.
• 10 U.S.C. § 1074e(c)(2)(A)

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  (A) that the member registered before September 1, 1997, in the Comprehensive Clinical Evaluation Program of the Department of Defense and that is presumed under section 721(d) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result of service in the Southwest Asia theater of operations during the Persian Gulf Conflict; or
• 10 U.S.C. § 1074f(d)(1)

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  (1) The Secretary of Defense shall establish a quality assurance program to evaluate the success of the system in ensuring that members described in subsection (a) receive predeployment medical examinations, postdeployment medical examinations, and postdeployment health reassessments and that the recordkeeping requirements with respect to the system are met.
• 10 U.S.C. § 1074f(d)(2)

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  (2) The quality assurance program established under paragraph (1) shall also include the following elements:

  (A) The types of healthcare providers conducting postdeployment health assessments and reassessments.

  (B) The training received by such providers applicable to the conduct of such assessments and reassessments, including training on assessments and referrals relating to mental health.

  (C) The guidance available to such providers on how to apply the clinical practice guidelines developed under subsection (e)(1) in determining whether to make a referral for further evaluation of a member of the armed forces relating to mental health.

  (D) The effectiveness of the tracking mechanisms required under this section in ensuring that members who receive referrals for further evaluations relating to mental health receive such evaluations and obtain such care and services as are warranted.

  (E) Programs established for monitoring the mental health of each member who, after deployment to a combat operation or contingency operations, is known—

  (i) to have a mental health condition or disorder; or

  (ii) to be receiving treatment, including psychotropic medications, for a mental health condition or disorder.

  (F) The diagnosis and treatment of traumatic brain injury and post-traumatic stress disorder.
• 10 U.S.C. § 1074f(d)(2)(E)

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  (E) Programs established for monitoring the mental health of each member who, after deployment to a combat operation or contingency operations, is known—

  (i) to have a mental health condition or disorder; or

  (ii) to be receiving treatment, including psychotropic medications, for a mental health condition or disorder.
• 10 U.S.C. § 1074g(a)(1)

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  (1) The Secretary of Defense, after consulting with the other administering Secretaries, shall establish an effective, efficient, integrated pharmacy benefits program under this chapter (hereinafter in this section referred to as the “pharmacy benefits program”).
• 10 U.S.C. § 1074g(a)(2)(A)

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  (A) The pharmacy benefits program shall include a uniform formulary of pharmaceutical agents, which shall assure the availability of pharmaceutical agents in the complete range of therapeutic classes. The selection for inclusion on the uniform formulary of particular pharmaceutical agents in each therapeutic class shall be based on the relative clinical and cost effectiveness of the agents in such class. With respect to members of the uniformed services, such uniform formulary shall include pharmaceutical agents on the joint uniform formulary established under section 715 of the National Defense Authorization Act for Fiscal Year 2016.
• 10 U.S.C. § 1074g(a)(2)(E)(iii)

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  (iii) the national mail-order pharmacy program.
• 10 U.S.C. § 1074g(a)(3)

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  (3) The pharmacy benefits program shall assure the availability of clinically appropriate pharmaceutical agents to members of the armed forces, including, where appropriate, agents not included on the uniform formulary described in paragraph (2).
• 10 U.S.C. § 1074g(a)(4)

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  (4) The pharmacy benefits program may provide that prior authorization be required for certain pharmaceutical agents to assure that the use of such agents is clinically appropriate.
• 10 U.S.C. § 1074g(a)(5)

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  (5) The pharmacy benefits program shall assure the availability to eligible covered beneficiaries of pharmaceutical agents not included on the uniform formulary. Such pharmaceutical agents shall be available through the national mail-order pharmacy program under terms and conditions that shall include cost-sharing by the eligible covered beneficiary as specified in paragraph (6).
• 10 U.S.C. § 1074g(a)(6)(D)

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  (D) Notwithstanding subparagraphs (A), (B), and (C), the Secretary may selectively waive or reduce cost-sharing amounts under this subsection for a dependent of a member of the uniformed services described in section 1074(c)(3)(B) of this title if the dependent is enrolled in the TRICARE Prime Remote program and accompanies the member to the duty assignment of the member at the expense of the Federal Government.
• 10 U.S.C. § 1074g(a)(6)(E)

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  (E) Notwithstanding subparagraphs (A), (B), and (C), the cost-sharing amount under this subsection for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in paragraph (2)(E)(ii) or through the national mail-order pharmacy program is $0.
• 10 U.S.C. § 1074g(a)(9)(A)

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  (A) Beginning on October 1, 2015, the pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.
• 10 U.S.C. § 1074g(a)(9)(B)(ii)

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  (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.
• 10 U.S.C. § 1074g(a)(10)(A)

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  (A) exclude from the pharmacy benefits program any pharmaceutical agent that the Secretary determines provides very little or no clinical effectiveness to covered beneficiaries and the Department under the program; and
• 10 U.S.C. § 1074g(a)(10)(B)

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  (B) give preferential status to any non-generic pharmaceutical agent on the uniform formulary by treating it, for purposes of cost-sharing under paragraph (6), as a generic product under the TRICARE retail pharmacy program and mail order pharmacy program.
• 10 U.S.C. § 1074g(c)(2)(B)

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  (B) contractors responsible for the TRICARE retail pharmacy program;
• 10 U.S.C. § 1074g(c)(2)(C)

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  (C) contractors responsible for the national mail-order pharmacy program; and
• 10 U.S.C. § 1074g(d)(1)

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  (1) In the operation of the pharmacy benefits program under subsection (a), the Secretary of Defense shall assure through management and new contractual arrangements that financial resources are aligned such that the cost of prescriptions is borne by the organization that is financially responsible for the health care of the eligible covered beneficiary.
• 10 U.S.C. § 1074g(d)(3)

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  (3) With respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE pharmacy program contractor includes requirements described in section 1860D–12(b)(6) of the Social Security Act (42 U.S.C. 1395w–112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.
• 10 U.S.C. § 1074g(e)

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  (e) The Secretary of Defense shall implement the use of the Pharmacy Data Transaction Service in all fixed facilities of the uniformed services under the jurisdiction of the Secretary, in the TRICARE retail pharmacy program, and in the national mail-order pharmacy program.
• 10 U.S.C. § 1074g(f)

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  (f) With respect to any prescription filled after January 28, 2008, the TRICARE retail pharmacy program shall be treated as an element of the Department of Defense for purposes of the procurement of drugs by Federal agencies under section 8126 of title 38 to the extent necessary to ensure that pharmaceuticals paid for by the Department of Defense that are provided by pharmacies under the program to eligible covered beneficiaries under this section are subject to the pricing standards in such section 8126.
• 10 U.S.C. § 1074g(g)(1)

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  (1) The Secretary of Defense shall establish and maintain a program (to be known as the “Military Health System Prescription Drug Monitoring Program”) in accordance with this subsection. The program shall include a special emphasis on drugs provided through facilities of the uniformed services.
• 10 U.S.C. § 1074g(g)(2)

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  (2) The program shall be—

  (A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and

  (B) applicable to designated controlled substance prescriptions under the pharmacy benefits program.
• 10 U.S.C. § 1074g(g)(2)(A)

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  (A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and
• 10 U.S.C. § 1074g(g)(2)(B)

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  (B) applicable to designated controlled substance prescriptions under the pharmacy benefits program.
• 10 U.S.C. § 1074g(g)(3)(A)

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  (A) The Secretary shall establish appropriate procedures for the bi-directional sharing of patient-specific information regarding prescriptions for designated controlled substances between the program and State prescription drug monitoring programs.
• 10 U.S.C. § 1074g(g)(4)(B)

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  (B) To the extent the Secretary considers appropriate, the program may be treated as comparable to a State program for purposes of bi-directional sharing of controlled substance prescription information.
• 10 U.S.C. § 1074g(g)(5)

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  (5) For purposes of this subsection, any reference to a program operated by a State includes any program operated by a county, municipality, or other subdivision within that State.
• 10 U.S.C. § 1074i(c)

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  (c) The Secretary concerned shall ensure that an outreach program is implemented for each member of the uniformed services who incurred a combat-related disability and is entitled to retired or retainer pay, or equivalent pay, so that—

  (1) the progress of the member is closely monitored; and

  (2) the member receives the travel reimbursement authorized by subsection (a) whenever the member requires follow-on specialty care, services, or supplies.
• 10 U.S.C. § 1074j(a)

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  (a) The Secretary of Defense shall establish an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section as the “program”). Except as otherwise provided in this section, the types of health care authorized under the program shall be the same as those provided under section 1079 of this title. The Secretary, after consultation with the other administering Secretaries, shall promulgate regulations to carry out this section.
• 10 U.S.C. § 1074j(b)(1)

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  (1) The program shall include a uniform skilled nursing facility benefit that shall be provided in the manner and under the conditions described in section 1861 (h) and (i) of the Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the limitation on the number of days of coverage under section 1812 (a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not be applicable under the program. Skilled nursing facility care for each spell of illness shall continue to be provided for as long as medically necessary and appropriate.
• 10 U.S.C. § 1074j(b)(3)

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  (3) The program shall include a comprehensive, part-time or intermittent home health care benefit that shall be provided in the manner and under the conditions described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).
• 10 U.S.C. § 1074j(b)(4)

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  (4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home health care benefits for covered beneficiaries who were receiving such benefits before the establishment of the program under this section. The actions taken under this paragraph may include the continuation of such benefits on an extended basis for such time as the Secretary determines appropriate.
• 10 U.S.C. § 1076a(b)(2)(D)(vi)

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  (vi) may conduct in the provider networks established and operated by the carrier under clause (iv), to the extent practicable, pilot programs on the development of a model of care based on the model of care commonly referred to as patient-centered dental homes.
• 10 U.S.C. § 1076a(f)

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  (f) If a member whose dependents are enrolled in the plan established under subsection (a)(3) is transferred to a duty station where dental care is provided to the member’s eligible dependents under a program other than that plan, the member may discontinue participation under the plan. If the member is later transferred to a duty station where dental care is not provided to such member’s eligible dependents except under the plan established under subsection (a)(3), the member may re-enroll the dependents in that plan.
• 10 U.S.C. § 1076c(i)(1)(B)

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  (B) shall provide for limited circumstances under which disenrollment shall be permitted during the prescribed enrollment period, without jeopardizing the fiscal integrity of the dental program.
• 10 U.S.C. § 1076d(d)(5)

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  (5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.
• 10 U.S.C. § 1076e(d)(5)

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  (5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.
• 10 U.S.C. § 1076f(b)(2)

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  (2) Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.
• 10 U.S.C. § 1077(c)(2)(A)

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  (A) Dependents who are 12 years of age or younger and are covered by a dental plan established under section 1076a of this title may be treated by postgraduate dental residents in a dental treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association if—

  (i) treatment of pediatric dental patients is necessary in order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside the United States; and

  (ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such program or students.
• 10 U.S.C. § 1077(c)(2)(A)(i)

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  (i) treatment of pediatric dental patients is necessary in order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside the United States; and
• 10 U.S.C. § 1077(c)(2)(A)(ii)

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  (ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such program or students.
• 10 U.S.C. § 1077a(c)(2)(A)(i)

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  (i) the needs of the military medical treatment facility to meet the access standards under the TRICARE Prime program; and
• 10 U.S.C. § 1078a(a)

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  (a) The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in subsection (b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under section 8905a of title 5.
• 10 U.S.C. § 1079(a)(6)

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  (6) Services in connection with nonemergency inpatient hospital care may not be provided if such services are available at a facility of the uniformed services located within a 40-mile radius of the residence of the patient, except that those services may be provided in any case in which another insurance plan or program provides primary coverage for those services.
• 10 U.S.C. § 1079(d)(1)

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  (1) The Secretary of Defense shall establish a program to provide extended benefits for eligible dependents, which may include the provision of comprehensive health care services, including case management services, to assist in the reduction of the disabling effects of a qualifying condition of an eligible dependent. Registration shall be required to receive the extended benefits.
• 10 U.S.C. § 1079(h)(2)

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  (2) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations to provide for such exceptions to the payment limitations under paragraph (1) as the Secretary determines to be necessary to assure that covered beneficiaries retain adequate access to health care services. Such exceptions may include the payment of amounts higher than the amount allowed under paragraph (1) when enrollees in managed care programs obtain covered services from nonparticipating providers. To provide a suitable transition from the payment methodologies in effect before February 10, 1996, to the methodology required by paragraph (1), the amount allowable for any service may not be reduced by more than 15 percent below the amount allowed for the same service during the immediately preceding 12-month period (or other period as established by the Secretary of Defense).
• 10 U.S.C. § 1079(i)(4)

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  (4) In this subsection, the term “provider of services” means a hospital, skilled nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program (as defined in section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2))), or other institutional facility providing services for which payment may be made under a plan covered by this section.
• 10 U.S.C. § 1079(n)(1)

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  (1) Health care services provided pursuant to this section or section 1086 of this title (or pursuant to any other contract or project under the Civilian Health and Medical Program of the Uniformed Services) may not include services determined under the CHAMPUS Peer Review Organization program to be not medically or psychologically necessary.
• 10 U.S.C. § 1079(n)(2)

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  (2) The Secretary of Defense, after consulting with the other administering Secretaries, may adopt or adapt for use under the CHAMPUS Peer Review Organization program, as the Secretary considers appropriate, any of the quality and utilization review requirements and procedures that are used by the Peer Review Organization program under part B of title XI of the Social Security Act (42 U.S.C. 1320c et seq.).
• 10 U.S.C. § 1079(p)

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  (p) Subject to subsection (a), a physician or other health care practitioner who is eligible to receive reimbursement for services provided under medicare (as defined in section 1086(d)(3)(C) of this title) shall be considered approved to provide medical care authorized under this section and section 1086 of this title unless the administering Secretaries have information indicating medicare, TRICARE, or other Federal health care program integrity violations by the physician or other health care practitioner.
• 10 U.S.C. § 1079a

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  All refunds and other amounts collected in the administration of the TRICARE program shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
• 10 U.S.C. § 1079b(c)(2)

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  (2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health Agency shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program, as prescribed by the Director of the Defense Health Agency.
• 10 U.S.C. § 1086(d)(2)(A)

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  (A) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.); and
• 10 U.S.C. § 1086a(c)(3)

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  (3) In order to reduce premiums required under paragraph (1), the Secretary of Defense may offer a program of coverage that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.
• 10 U.S.C. § 1092(a)(2)

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  (2) The Secretary of Defense shall include in the studies conducted under paragraph (1) alternative programs for the provision of dental care to the spouses and dependents of members of the uniformed services who are on active duty, including a program under which dental care would be provided the spouses and dependents of such members under insurance or dental plan contracts. A demonstration project may not be conducted under this section that provides for the furnishing of dental care under an insurance or dental plan contract.
• 10 U.S.C. § 1092(a)(4)(A)

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  (A) The Secretary of Defense may, in consultation with the other administering Secretaries, include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to provide awards or incentives to individual health care professionals under the authority of such Secretaries, including members of the uniformed services, Federal civilian employees, and contractor personnel, to encourage and reward effective implementation of innovative health care programs designed to improve quality, cost-effectiveness, health promotion, medical readiness, and other priority objectives. Such awards and incentives may include cash awards and, in the case of members of the armed forces and Federal civilian employees, personnel incentives.
• 10 U.S.C. § 1092a(a)

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  (a) The Secretary of Defense shall carry out a program—

  (1) to collect baseline health data from each person entering the armed forces, at the time of entry into the armed forces; and

  (2) to provide for computerized compilation and maintenance of the baseline health data.
• 10 U.S.C. § 1092a(b)

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  (b) The program under this section shall be designed to achieve the following purposes:

  (1) To facilitate understanding of how subsequent exposures related to service in the armed forces affect health.

  (2) To facilitate development of early intervention and prevention programs to protect health and readiness.
• 10 U.S.C. § 1092a(b)(2)

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  (2) To facilitate development of early intervention and prevention programs to protect health and readiness.
• 10 U.S.C. § 1095(h)(1)

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  (1) The term “third-party payer” means an entity that provides an insurance, medical service, or health plan by contract or agreement, including an automobile liability insurance or no fault insurance carrier, and any other plan or program that is designed to provide compensation or coverage for expenses incurred by a beneficiary for health care services or products. Such term also includes entities described in subsection (j) under the terms and to the extent provided in such subsection.
• 10 U.S.C. § 1095a(a)(2)(A)

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  (A) by any other Government medical or health program; or
• 10 U.S.C. § 1095b(a)(1)

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  (1) The Secretary of Defense may authorize a contractor under the TRICARE program to pay a claim described in paragraph (2) before seeking to recover from a third-party payer the costs incurred by the contractor to provide health care services that are the basis of the claim to a beneficiary under such program.
• 10 U.S.C. § 1096(e)(1)

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  (1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a program of record known as the Military-Civilian Medical Surge Program to—

  (A) support locations that the Secretary of Defense selects under paragraph (3)(B); and

  (B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (F) of paragraph (4).
• 10 U.S.C. § 1096(e)(2)(A)

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  (A) The Secretary of Defense, acting through the Institute¹ for Defense Health Cooperation at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the management, staffing, and deployment of the Program, in coordination with the Chairman of the Joint Chiefs of Staff, the Director of the Defense Health Agency, and, for purposes of ensuring that the Program is carried out in a manner that is consistent with paragraph (6), the Secretary of Health and Human Services.
• 10 U.S.C. § 1096(e)(2)(B)

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  (B) In carrying out subparagraph (A) during a contingency operation, the Secretary of Defense shall ensure that the Program provides support, acting through the Defense Health Agency serving as a combat support agency, to the relevant combatant command.
• 10 U.S.C. § 1096(e)(2)(C)

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  (C) The Secretary of Defense shall ensure the program is administrated in coordination with the military departments, the Joint Staff, the Defense Health Agency, and the Department of Health and Human Services through semiannual coordination meetings and quarterly updates. On an annual basis, one such meeting shall include the participation of partners specified in paragraph (3)(A).
• 10 U.S.C. § 1096(e)(2)(D)

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  (D) In carrying out the Program, the Secretary of Defense shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.
• 10 U.S.C. § 1096(e)(3)(A)

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  (A) In carrying out the Program, the Secretary of Defense shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary and the Secretary of Health and Human Services determine—

  (i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and

  (ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
• 10 U.S.C. § 1096(e)(5)

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  (5) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
• 10 U.S.C. § 1096(e)(7)(C)

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  (C) The term “Program” means the Military-Civilian Medical Surge Program established under paragraph (1).
• 10 U.S.C. § 1097(c)

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  (c) The Secretary of Defense may provide for the coordination of health care services provided pursuant to any contract or agreement under this section with those services provided in medical treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical or dental staff, the Secretary may not deny access to facilities of the uniformed services to a covered beneficiary on the basis of whether the beneficiary enrolled or declined enrollment in any program established under, or operating in connection with, any contract under this section. Notwithstanding the preferences established by sections 1074(b) and 1076 of this title, the Secretary shall, as an incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiaries enrolled in any program established under, or operating in connection with, any contract under this section.
• 10 U.S.C. § 1097(d)

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  (d) In the case of a covered beneficiary who is enrolled in a managed health care program not operated under the authority of this chapter, the Secretary may contract under this section with such other managed health care program for the purpose of coordinating the beneficiary’s dual entitlements under such program and this chapter. A managed health care program with which arrangements may be made under this subsection includes any health maintenance organization, competitive medical plan, health care prepayment plan, or other managed care program recognized pursuant to regulations issued by the Secretary.
• 10 U.S.C. § 1097b(a)(1)

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  (1) Subject to paragraph (2), the Secretary of Defense may reimburse health care providers under the TRICARE program at rates higher than the reimbursement rates otherwise authorized for the providers under that program if the Secretary determines that application of the higher rates is necessary in order to ensure the availability of an adequate number of qualified health care providers under that program.
• 10 U.S.C. § 1097b(b)(1)

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  (1) A medical treatment facility of the uniformed services under the TRICARE program has the same right as the United States under section 1095 of this title to collect from a third-party payer the reasonable charges for health care services described in paragraph (2) that are incurred by the facility on behalf of a covered beneficiary under that program.
• 10 U.S.C. § 1100(a)(1)

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  (1) There is hereby established in the Department of Defense an account to be known as the “Defense Health Program Account”. All sums appropriated to carry out the functions of the Secretary of Defense with respect to medical and health care programs of the Department of Defense shall be appropriated to the account.
• 10 U.S.C. § 1100(a)(2)

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  (2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount equal to three percent of such total amount shall remain available for obligation until the end of the following fiscal year.
• 10 U.S.C. § 1100(b)

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  (b) The Secretary of Defense may obligate or expend funds from the account for purposes of conducting programs and activities under this chapter, including contracts entered into under section 1079, 1086, 1092, or 1097 of this title, to the extent amounts are available in the account.
• 10 U.S.C. § 1102(a)

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  (a) Medical quality assurance records created by or for the Department of Defense as part of a medical quality assurance program are confidential and privileged. Such records may not be disclosed to any person or entity, except as provided in subsection (c).
• 10 U.S.C. § 1102(c)(2)

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  (2) With the exception of the subject of a quality assurance action, the identity of any person receiving health care services from the Department of Defense or the identity of any other person associated with such department for purposes of a medical quality assurance program that is disclosed in a medical quality assurance record described in subsection (a) shall be deleted from that record or document before any disclosure of such record is made outside the Department of Defense. Such requirement does not apply to the release of information pursuant to section 552a of title 5.
• 10 U.S.C. § 1102(d)(1)

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  (1) Nothing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs.
• 10 U.S.C. § 1102(g)

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  (g) A person who participates in or provides information to a person or body that reviews or creates medical quality assurance records described in subsection (a) shall not be civilly liable for such participation or for providing such information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place.
• 10 U.S.C. § 1102(h)

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  (h) Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patient’s medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program.
• 10 U.S.C. § 1102(j)(1)

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  (1) The term “medical quality assurance program” means any peer review activity carried out before, on, or after November 14, 1986 by or for the Department of Defense to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment facility committees, or other review bodies responsible for quality assurance, credentials, infection control, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review and identification and prevention of medical or dental incidents and risks.
• 10 U.S.C. § 1102(j)(2)

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  (2) The term “medical quality assurance record” means the proceedings, records, minutes, and reports that emanate from quality assurance program activities described in paragraph (1) and are produced or compiled by the Department of Defense as part of a medical quality assurance program.
• 10 U.S.C. § 1102(j)(4)

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  (4) The term “peer review” means any assessment of the quality of medical care carried out by a health care professional, including any such assessment of professional performance, any patient safety program root cause analysis or report, or any similar activity described in regulations prescribed by the Secretary under subsection (i).
• 10 U.S.C. § 1104a(b)(1)(B)

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  (B) For the planning, design, and construction, or the leasing, of space for a shared medical facility, amounts appropriated for the Defense Health Program.
• 10 U.S.C. § 1105(a)

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  (a) The Secretary of Defense may conduct a specialized treatment facility program pursuant to regulations prescribed by the Secretary of Defense. The Secretary shall consult with the other administering Secretaries in prescribing regulations for the program and in conducting the program.
• 10 U.S.C. § 1105(b)

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  (b) Under the specialized treatment facility program, the Secretary may designate health care facilities of the uniformed services and civilian health care facilities as specialized treatment facilities.
• 10 U.S.C. § 1105(c)

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  (c) Under the specialized treatment facility program, the Secretary may waive, with regard to the provision of a particular service, the 40-mile radius restriction set forth in section 1079(a)(6) of this title if the Secretary determines that the use of a different geographical area restriction will result in a more cost-effective provision of the service.
• 10 U.S.C. § 1105(d)

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  (d) For purposes of the specialized treatment facility program, the service area of a civilian health care facility designated pursuant to subsection (b) shall be comparable in size to the service areas of facilities of the uniformed services.
• 10 U.S.C. § 1105(e)

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  (e) A covered beneficiary who resides within the service area of a specialized treatment facility designated under the specialized treatment facility program may be required to obtain a nonavailability of health care statement in the case of a specialized service offered by the facility in order for the covered beneficiary to receive the service outside of the program.
• 10 U.S.C. § 1105(f)(1)

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  (1) Subject to paragraph (2), in connection with the treatment of a covered beneficiary under the specialized treatment facility program, the Secretary may provide the following benefits:

  (A) Full or partial reimbursement of a member of the uniformed services for the reasonable expenses incurred by the member in transporting a covered beneficiary to or from a health care facility of the uniformed services or a civilian health care facility at which specialized health care services are provided pursuant to this chapter.

  (B) Full or partial reimbursement of a person (including a member of the uniformed services) for the reasonable expenses of transportation, temporary lodging, and meals (not to exceed a per diem rate determined in accordance with implementing regulations) incurred by such person in accompanying a covered beneficiary as a nonmedical attendant to a health care facility referred to in subparagraph (A).

  (C) In-kind transportation, lodging, or meals instead of reimbursements under subparagraph (A) or (B) for transportation, lodging, or meals, respectively.
• 10 U.S.C. § 1108(a)

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  (a) The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project (in this section referred to as the “demonstration project”) under which eligible beneficiaries described in subsection (b) and residing within one of the areas covered by the demonstration project may enroll in health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. The number of eligible beneficiaries and family members of such beneficiaries under subsection (b)(2) who may be enrolled in health benefits plans during the enrollment period under subsection (d)(2) may not exceed 66,000.
• 10 U.S.C. § 1108(b)(3)

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  (3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under the demonstration project.
• 10 U.S.C. § 1108(b)(5)

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  (5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under chapter 89 of title 5 is not eligible to enroll in a Federal Employees Health Benefits plan under this section.
• 10 U.S.C. § 1108(d)(1)

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  (1) The Secretary of Defense shall conduct the demonstration project during three contract years under the Federal Employees Health Benefits program.
• 10 U.S.C. § 1108(f)(3)

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  (3) An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans.
• 10 U.S.C. § 1108(g)

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  (g) The cancellation by an eligible beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project.
• 10 U.S.C. § 1109(c)(2)

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  (2) medical logistical activities can, to the extent possible without jeopardizing operational requirements, support an effective organ and tissue donation program.
• 10 U.S.C. § 1110(b)(1)

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  (1) The Secretary shall establish uniform procedures under which members of the armed forces may be exempted from participating in the anthrax vaccine immunization program for either administrative or medical reasons.
• 10 U.S.C. § 1110a(a)(1)(B)

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  (B) of options available for enrollment of the individual in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.).
• 10 U.S.C. § 1110a(b)(3)

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  (3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.).
• 10 U.S.C. § 1110b(c)(4)

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  (4) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.
• 10 U.S.C. § 1111(b)(1)

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  (1) The term “uniformed services retiree health care programs” means the provisions of this title or any other provision of law creating an entitlement to or eligibility for health care for a member or former member of a participating uniformed service who is entitled to retired or retainer pay, and an eligible dependent under such program.
• 10 U.S.C. § 1113(a)

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  (a) There shall be paid from the Fund amounts payable for the costs of all uniformed service retiree health care programs for the benefit of members or former members of a participating uniformed service who are entitled to retired or retainer pay and are medicare eligible, and eligible dependents who are medicare eligible.
• 10 U.S.C. § 1113(c)(1)

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  (1) In carrying out subsection (a), the Secretary of Defense may transfer periodically from the Fund to applicable appropriations of the Department of Defense, or to applicable appropriations of other departments or agencies, such amounts as the Secretary determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for beneficiaries under those programs who are medicare-eligible. Such transfers may include amounts necessary for the administration of such programs. Amounts so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred. Upon a determination that all or part of the funds transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund. This transfer authority is in addition to any other transfer authority that may be available to the Secretary.
• 10 U.S.C. § 1113(d)

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  (d) The Secretary of Defense shall by regulation establish the method or methods for calculating amounts to be transferred under subsection (c). Such method or methods may be based (in whole or in part) on a proportionate share of the volume (measured as the Secretary determines appropriate) of health care services provided or paid for under uniformed service retiree health care programs for beneficiaries under those programs who are medicare-eligible in relation to the total volume of health care services provided or paid for under Department of Defense health care programs.
• 10 U.S.C. § 1113(f)

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  (f) If the Secretary of Defense enters into an agreement with another administering Secretary pursuant to section 1111(c), the Secretary of Defense may take the actions described in subsections (c), (d), and (e) on behalf of the beneficiaries and programs of the other participating uniformed service.
• 10 U.S.C. § 1124(a)

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  (a) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces under his jurisdiction who by his disclosure, suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of operations or programs relating to the armed forces.
• 10 U.S.C. § 1142(b)(1)

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  (1) A discussion of the educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member’s service in the armed forces.
• 10 U.S.C. § 1142(b)(4)

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  (4) Provision of information on civilian occupations and related assistance programs, including information concerning—

  (A) certification and licensure requirements that are applicable to civilian occupations, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses;

  (B) civilian occupations that correspond to military occupational specialties; and

  (C) Government and private-sector programs for job search and job placement assistance, including information regarding the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program.
• 10 U.S.C. § 1142(b)(4)(C)

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  (C) Government and private-sector programs for job search and job placement assistance, including information regarding the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program.
• 10 U.S.C. § 1142(b)(12)

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  (12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor.
• 10 U.S.C. § 1142(b)(13)

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  (13) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration.
• 10 U.S.C. § 1142(b)(18)

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  (18) A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program.
• 10 U.S.C. § 1142(c)(1)(I)(ii)

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  (ii) enroll in a program of higher education;
• 10 U.S.C. § 1142(c)(1)(I)(iii)

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  (iii) enroll in a program of vocational training; or
• 10 U.S.C. § 1142(c)(1)(L)(ii)

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  (ii) enrollment in a program of education; or
• 10 U.S.C. § 1142(c)(1)(L)(iii)

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  (iii) enrollment in a program of vocational training.
• 10 U.S.C. § 1142(c)(1)(M)

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  (M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
• 10 U.S.C. § 1143(e)(1)(A)

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  (A) The Secretary concerned may carry out one or more programs to provide eligible members of the armed forces under the jurisdiction of the Secretary with job training and employment skills training, including apprenticeship programs, to help prepare such members for employment in the civilian sector. Such a program shall be known as “Skillbridge”.
• 10 U.S.C. § 1143(e)(1)(B)

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  (B) The Secretary of a military department shall carry out one or more programs under this subsection.
• 10 U.S.C. § 1143(e)(2)

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  (2) A member of the armed forces is an eligible member for purposes of a program under this subsection if the member—

  (A) has completed at least 180 days on active duty in the armed forces; and

  (B) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program.
• 10 U.S.C. § 1143(e)(2)(B)

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  (B) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program.
• 10 U.S.C. § 1143(e)(3)(B)

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  (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.
• 10 U.S.C. § 1143(e)(4)

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  (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.
• 10 U.S.C. § 1143(e)(4)(A)

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  (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
• 10 U.S.C. § 1143(e)(4)(B)

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  (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.
• 10 U.S.C. § 1143(e)(5)

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  (5) Any program under this subsection may be carried out at, through, or in consultation with such other departments or agencies of the Federal Government as the Secretary concerned considers appropriate.
• 10 U.S.C. § 1143(e)(6)

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  (6) Any program under this subsection shall be carried out in accordance with regulations prescribed by the Secretary concerned.
• 10 U.S.C. § 1144(a)(1)

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  (1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed forces under the jurisdiction of the Secretary concerned who are being separated from active duty and the spouses of such members. Subject to subsection (f)(2), such services shall be provided to a member within the time periods provided under paragraph (3) of section 1142(a) of this title, except that the Secretary concerned shall not provide preseparation counseling to a member described in paragraph (4)(A) of such section.
• 10 U.S.C. § 1144(a)(2)

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  (2) The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section.
• 10 U.S.C. § 1144(b)

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  (b) In establishing and carrying out a program under this section, the Secretary of Labor shall do the following:

  (1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities (including apprenticeship programs approved under chapters 30 through 36 of title 38), (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview techniques.

  (2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237.

  (3) Provide information concerning Federal, State, and local programs, and programs of military and veterans’ service organizations, that may be of assistance to such members after separation from the armed forces, including, as appropriate, the information and services to be provided under section 1142 of this title.

  (4) Inform such members that the Department of Defense and the Department of Homeland Security are required under section 1143(a) of this title to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills.

  (5) Provide information and other assistance to such members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies.

  (6) Provide information about the geographic areas in which such members will relocate after separation from the armed forces, including, to the degree possible, information about employment opportunities, the labor market, and the cost of living in those areas (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care).

  (7) Work with military and veterans’ service organizations and other appropriate organizations in promoting and publicizing job fairs for such members.

  (8) Provide information about disability-related employment and education protections.

  (9) Provide information regarding the required deduction, pursuant to subsection (h) of section 1175a of this title, from disability compensation paid by the Secretary of Veterans Affairs of amounts equal to any voluntary separation pay received by the member under such section.

  (10) Acting through the Secretary of the department in which the Coast Guard is operating, provide information on career and employment opportunities available to members with transportation security cards issued under section 70105 of title 46.
• 10 U.S.C. § 1144(b)(1)

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  (1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities (including apprenticeship programs approved under chapters 30 through 36 of title 38), (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview techniques.
• 10 U.S.C. § 1144(b)(2)

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  (2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237.
• 10 U.S.C. § 1144(b)(3)

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  (3) Provide information concerning Federal, State, and local programs, and programs of military and veterans’ service organizations, that may be of assistance to such members after separation from the armed forces, including, as appropriate, the information and services to be provided under section 1142 of this title.
• 10 U.S.C. § 1144(c)(1)

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  (1) Except as provided in paragraph (2), the Secretary of Defense and the Secretary of Homeland Security shall require the participation in the program carried out under this section of the members eligible for assistance under the program.
• 10 U.S.C. § 1144(d)

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  (d) In carrying out the program established under this section, the Secretaries may—

  (1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans’ employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits;

  (2) use military and civilian personnel of the Department of Defense and the Department of Homeland Security;

  (3) use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department;

  (4) use representatives of military and veterans’ service organizations;

  (5) enter into contracts with public entities;

  (6) enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for assistance under the program carried out under this section on—

  (A) private sector culture, resume writing, career networking, and training on job search technologies;

  (B) academic readiness and educational opportunities; or

  (C) other relevant topics; and

  (7) take other necessary action to develop and furnish the information and services to be provided under this section.
• 10 U.S.C. § 1144(d)(1)

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  (1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans’ employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits;
• 10 U.S.C. § 1144(d)(6)

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  (6) enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for assistance under the program carried out under this section on—

  (A) private sector culture, resume writing, career networking, and training on job search technologies;

  (B) academic readiness and educational opportunities; or

  (C) other relevant topics; and
• 10 U.S.C. § 1144(e)

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  (e) As part of the program carried out under this section, the Secretary of Defense and the Secretary of Homeland Security may permit a member of the armed forces eligible for assistance under the program to participate in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or a pre-apprenticeship program that provides credit toward a program registered under such Act, that provides members of the armed forces with the education, training, and services necessary to transition to meaningful employment that leads to economic self-sufficiency.
• 10 U.S.C. § 1144(f)(1)

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  (1) The program carried out under this section shall consist of instruction as follows:

  (A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.

  (B) One day of instruction regarding—

  (i) benefits under laws administered by the Secretary of Veterans Affairs; and

  (ii) other subjects determined by the Secretary concerned.

  (C) One day of instruction regarding preparation for employment.

  (D) Two days of instruction regarding a topic selected by the member from the following subjects:

  (i) Preparation for employment.

  (ii) Preparation for education.

  (iii) Preparation for vocational training.

  (iv) Preparation for entrepreneurship.

  (v) Other options determined by the Secretary concerned.
• 10 U.S.C. § 1144(f)(2)

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  (2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—

  (A) before the time periods established under section 1142(a)(3) of this title;

  (B) in addition to such training and instruction required during such time periods.
• 10 U.S.C. § 1148

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  The Secretary of Defense and the Secretary of Homeland Security shall develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty, and the dependents of such members, in readjusting to civilian life. The program shall focus on the special needs and requirements of such members and dependents due to their overseas locations and shall include, to the maximum extent possible, computerized job relocation assistance and job search information.
• 10 U.S.C. § 1152(a)

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  (a) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may enter into an agreement with the Attorney General to establish or participate in a program to assist eligible members and former members of the armed forces to obtain employment as law enforcement officers with eligible law enforcement agencies following the discharge or release of such members or former members from active duty. Eligible law enforcement agencies shall consist of State law enforcement agencies, local law enforcement agencies, and Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior).
• 10 U.S.C. § 1152(b)

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  (b) Any individual who, during the 6-year period beginning on October 1, 1993, is a member of the armed forces and is separated with an honorable discharge or is released from service on active duty characterized as honorable by the Secretary concerned shall be eligible to participate in a program covered by an agreement referred to in subsection (a).
• 10 U.S.C. § 1152(c)

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  (c) In the selection of applicants for participation in a program covered by an agreement referred to in subsection (a), preference shall be given to a member or former member who—

  (1) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or retires pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 note); and

  (2) has a military occupational specialty, training, or experience related to law enforcement (such as service as a member of the military police) or satisfies such other criteria for selection as the Secretary, the Attorney General, or a participating eligible law enforcement agency prescribed in accordance with the agreement.
• 10 U.S.C. § 1152(d)(1)

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  (1) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may provide funds to the Attorney General for grants under this section to reimburse participating eligible law enforcement agencies for costs, including salary and fringe benefits, of employing members or former members pursuant to a program referred to in subsection (a).
• 10 U.S.C. § 1152(d)(4)

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  (4) Preference in awarding grants through existing law enforcement hiring programs shall be given to State or local law enforcement agencies or Indian tribes that agree to hire eligible members and former members.
• 10 U.S.C. § 1152(e)

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  (e) Ten percent of the amount, if any, appropriated for a fiscal year to carry out the program established pursuant to subsection (a) may be used to administer the program.
• 10 U.S.C. § 1152(f)

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  (f) No person may be selected to participate in the program established pursuant to subsection (a) unless a sufficient amount of appropriated funds is available at the time of the selection to satisfy the obligations to be incurred by the United States under an agreement referred to in subsection (a) that applies with respect to the person.
• 10 U.S.C. § 1152(g)(2)

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  (2) The expansion authorized by this subsection may be made through a program covered by an agreement referred to in subsection (a), if feasible, or in such other manner as the Secretary considers appropriate.
• 10 U.S.C. § 1153(a)

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  (a) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may establish a program to assist eligible members of the armed forces to obtain employment with health care providers upon their discharge or release from active duty.
• 10 U.S.C. § 1153(b)(1)

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  (1) Except as provided in paragraph (2), a member shall be eligible for selection to participate in the program established under subsection (a) if the member—

  (A) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or retires pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 note) during the six-year period beginning on October 1, 1993;

  (B) has received an associate degree, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and

  (C) has a military occupational specialty, training, or experience related to health care, is likely to be able to obtain such training in a short period of time (as determined by the Secretary concerned), or satisfies such other criteria for selection as the Secretary concerned may prescribe.
• 10 U.S.C. § 1153(b)(3)

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  (3) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program.
• 10 U.S.C. § 1153(c)(1)

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  (1) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary concerned not later than one year after the date of the discharge or release of the members from active duty or, in the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (b)(2), not later than one year after the date on which the applicant becomes educationally qualified. An application shall be in such form and contain such information as the Secretaries may require.
• 10 U.S.C. § 1153(c)(2)

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  (2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may not select a member to participate in the program unless the Secretary concerned has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (d) with respect to that member.
• 10 U.S.C. § 1153(c)(3)(A)

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  (A) The Secretaries shall provide under the program for identifying, during each fiscal year in the period referred to in subsection (b)(1)(A), noncommissioned officers who, on or before the end of such fiscal year, will have completed 10 or more years of continuous active duty, who have the potential to perform competently in employment positions with health care providers, but who do not satisfy the minimum educational qualification criterion under subsection (b)(1)(B) for placement assistance.
• 10 U.S.C. § 1153(c)(3)(B)

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  (B) The Secretaries shall inform noncommissioned officers identified under subparagraph (A) of the opportunity to qualify in accordance with subsection (b)(2) for placement assistance under the program.
• 10 U.S.C. § 1153(d)(1)

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  (1) The Secretary of Defense and the Secretary of Homeland Security may enter into an agreement with a health care provider to assist eligible members selected under subsection (c) to obtain suitable employment with the health care provider. Under such an agreement, a health care provider shall agree to employ a participant in the program on a full-time basis for at least five years.
• 10 U.S.C. § 1153(d)(4)

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  (4) If a participant who is placed under this program leaves the employment of the health care provider before the end of the five years of required employment service, the provider shall reimburse the Secretary concerned in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the five years of required service.
• 10 U.S.C. § 1153(d)(5)

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  (5) The Secretary concerned may not make a grant under this subsection to a health care provider if the Secretary concerned determines that the provider terminated the employment of another employee in order to fill the vacancy so created with a participant in this program.
• 10 U.S.C. § 1153(e)(1)

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  (1) In addition to the agreements referred to in subsection (d)(1), the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may enter into an agreement directly with a State to allow the State to arrange the placement of participants in the program with health care providers. Paragraphs (2) through (5) of subsection (d) shall apply with respect to any placement made through such an agreement.
• 10 U.S.C. § 1153(e)(2)

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  (2) The Secretary concerned may reserve up to 10 percent of the funds made available to carry out the program for a fiscal year for the placement of participants through agreements entered into under paragraph (1).
• 10 U.S.C. § 1154(a)(3)(A)

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  (A) an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the number of children eligible to receive medical assistance under the Medicaid program, or a composite of these indicators;
• 10 U.S.C. § 1154(a)(5)

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  (5) The term “participant” means an eligible member of the armed forces selected to participate in the Program.
• 10 U.S.C. § 1154(a)(6)

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  (6) The term “Program” means the Troops-to-Teachers Program authorized by this section.
• 10 U.S.C. § 1154(b)

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  (b) The Secretary of Defense shall carry out a Troops-to-Teachers Program—

  (1) to assist eligible members of the armed forces described in subsection (d) to meet the requirements necessary to become a teacher in a school described in paragraph (2); and

  (2) to facilitate the employment of such members—

  (A) by local educational agencies or charter schools that the Secretary of Education identifies as—

  (i) receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or

  (ii) experiencing a shortage of teachers, in particular a shortage of science, mathematics, special education, foreign language, or career or technical teachers;

  (B) in elementary schools or secondary schools, or as career or technical teachers; and

  (C) as administrators and instructors of the Junior Reserve Officers’ Training Corps under section 2031(d) of this title.
• 10 U.S.C. § 1154(d)(1)

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  (1) The following members of the armed forces are eligible for selection to participate in the Program:

  (A) Any member who—

  (i) on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;

  (ii) has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or

  (iii) has been transferred to the Retired Reserve.

  (B) Any member who, on or after January 8, 2002—

  (I) is separated or released from active duty after four or more years of continuous active duty immediately before the separation or release; or

  (II) has completed a total of at least six years of active duty service, six years of service computed under section 12732 of this title, or six years of any combination of such service; and

  (ii) executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).

  (C) Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.
• 10 U.S.C. § 1154(d)(1)(A)(ii)

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  (ii) has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or
• 10 U.S.C. § 1154(d)(2)(A)

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  (A) Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.
• 10 U.S.C. § 1154(d)(3)(A)

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  (A) The Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.
• 10 U.S.C. § 1154(d)(3)(B)

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  (B) If a member of the armed forces is applying for the Program to receive assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.
• 10 U.S.C. § 1154(d)(3)(C)

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  (C) If a member of the armed forces is applying for the Program to receive assistance for placement as a career or technical teacher, the Secretary shall require the member—

  (i) to have received the equivalent of one year of college from an accredited institution of higher education or the equivalent in military education and training as certified by the Department of Defense; or

  (ii) to otherwise meet the certification or licensing requirements for a career or technical teacher in the State in which the member seeks assistance for placement under the Program.
• 10 U.S.C. § 1154(d)(3)(C)(ii)

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  (ii) to otherwise meet the certification or licensing requirements for a career or technical teacher in the State in which the member seeks assistance for placement under the Program.
• 10 U.S.C. § 1154(d)(3)(D)

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  (D) A member of the armed forces is eligible to participate in the Program only if the member’s last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member, the transfer of the member to the Retired Reserve, or the separation or release of the member from active duty may continue to participate in the Program after the retirement, transfer, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned.
• 10 U.S.C. § 1154(d)(4)

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  (4) In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary—

  (A) shall give priority to members who—

  (i) have educational or military experience in science, mathematics, special education, foreign language, or career or technical subjects; and

  (ii) agree to seek employment as science, mathematics, foreign language, or special education teachers in elementary schools or secondary schools or Job Corps centers or in other schools under the jurisdiction of a local educational agency; and

  (B) may give priority to members who agree to seek employment in a high-need school.
• 10 U.S.C. § 1154(d)(5)(A)

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  (A) Subject to subsection (i), the Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.
• 10 U.S.C. § 1154(d)(5)(B)

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  (B) The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years.
• 10 U.S.C. § 1154(e)(1)(A)

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  (A) An eligible member of the armed forces selected to participate in the Program under subsection (b) and to receive financial assistance under this subsection shall be required to enter into an agreement with the Secretary in which the member agrees—

  (i) within such time as the Secretary may require, to meet the requirements necessary to become a teacher in a school described in subsection (b)(2); and

  (ii) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school to begin the school year after obtaining that certification or licensing.
• 10 U.S.C. § 1154(h)(1)

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  (1) The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.
• 10 U.S.C. § 1154(h)(2)(A)

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  (A) Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants as elementary school teachers, secondary school teachers, and career or technical teachers.
• 10 U.S.C. § 1154(i)(1)

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  (1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program.
• 10 U.S.C. § 1154(i)(2)(A)

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  (A) The total cost of the Program for the most recent fiscal year.
• 10 U.S.C. § 1154(i)(2)(C)

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  (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies.
• 10 U.S.C. § 1154(j)

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  (j) The total amount obligated by the Secretary under the Program for any fiscal year may not exceed $15,000,000.
• 10 U.S.C. § 1154(k)

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  (k) The Program shall terminate on July 1, 2029, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.
• 10 U.S.C. § 1174a(a)

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  (a) The Secretary concerned shall carry out a special separation benefits program under this section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary.
• 10 U.S.C. § 1174a(c)

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  (c) Subject to subsections (d) and (e), a member of an armed force is eligible for voluntary separation under a program established for that armed force pursuant to this section if the member—

  (1) has not been approved for payment of a voluntary separation incentive under section 1175 of this title;

  (2) has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for more than 6 years;

  (3) has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for not more than 20 years;

  (4) has served at least 5 years of continuous active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty immediately preceding the date of the member’s separation from active duty; and

  (5) meets such other requirements as the Secretary may prescribe, which may include requirements relating to—

  (A) years of service;

  (B) skill or rating;

  (C) grade or rank; and

  (D) remaining period of obligated service.
• 10 U.S.C. § 1174a(d)

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  (d) The Secretary concerned may provide for the program under this section to apply to any of the following members:

  (1) A regular officer or warrant officer of an armed force.

  (2) A regular enlisted member of an armed force.

  (3) A member of an armed force other than a regular member.
• 10 U.S.C. § 1174a(e)(1)

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  (1) Subject to paragraphs (2) and (3), the Secretary concerned may limit the applicability of a program under this section to any category of personnel defined by the Secretary in order to meet a need of the armed force under the Secretary’s jurisdiction to reduce the number of members in certain grades, the number of members who have completed a certain number of years of active service, or the number of members who possess certain military skills or are serving in designated competitive categories.
• 10 U.S.C. § 1174a(e)(2)

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  (2) Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant to paragraph (1) shall be consistent with the categories applicable to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under section 1175 of this title or any other program established by law or by that Secretary for the involuntary separation of such members in the administration of a reduction in force.
• 10 U.S.C. § 1174a(e)(3)

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  (3) A member of the armed forces offered a voluntary separation incentive under section 1175 of this title shall also be offered the opportunity to request separation under a program established pursuant to this section. If the Secretary concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member.
• 10 U.S.C. § 1174a(f)(1)

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  (1) In order to be separated under a program established pursuant to this section—

  (A) a regular enlisted member eligible for separation under that program shall—

  (i) submit a request for separation under the program before the expiration of the member’s term of enlistment; or

  (ii) upon discharge at the end of such term, enter into a written agreement (pursuant to regulations prescribed by the Secretary concerned) not to request reenlistment in a regular component; and

  (B) a member referred to in subsection (d)(3) eligible for separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the member’s established term of active service.
• 10 U.S.C. § 1174a(f)(1)(A)

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  (A) a regular enlisted member eligible for separation under that program shall—

  (i) submit a request for separation under the program before the expiration of the member’s term of enlistment; or

  (ii) upon discharge at the end of such term, enter into a written agreement (pursuant to regulations prescribed by the Secretary concerned) not to request reenlistment in a regular component; and
• 10 U.S.C. § 1174a(f)(1)(A)(i)

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  (i) submit a request for separation under the program before the expiration of the member’s term of enlistment; or
• 10 U.S.C. § 1174a(f)(1)(B)

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  (B) a member referred to in subsection (d)(3) eligible for separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the member’s established term of active service.
• 10 U.S.C. § 1174a(f)(2)

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  (2) For purposes of this section, the entry of a member into an agreement referred to in paragraph (1)(A)(ii) under a program established pursuant to this section shall be considered a request for separation under the program.
• 10 U.S.C. § 1174a(g)

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  (g) Subsections (e) through (h), other than subsection (e)(2)(A), of section 1174 of this title shall apply in the administration of programs established under this section.
• 10 U.S.C. § 1174a(h)(1)

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  (1) Except as provided in paragraph (2), the Secretary concerned may not conduct a program pursuant to this section after December 31, 2001.
• 10 U.S.C. § 1174a(h)(2)

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  (2) No member of the armed forces may be separated under a program established pursuant to this section after the date of the termination of that program.
• 10 U.S.C. § 1175(c)

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  (c) A member of the armed forces offered a voluntary separation incentive under this section shall be offered the opportunity to request separation under a program established pursuant to section 1174a of this title. If the Secretary concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member.
• 10 U.S.C. § 1178

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  The Secretary of each military department shall establish a system for tracking, recording, and reporting separations of members of the armed forces under the Secretary’s jurisdiction that result from procedures initiated as a result of a refusal to participate in the anthrax vaccine immunization program.
• 10 U.S.C. § 1201(c)(3)

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  (3) Any other member of the armed forces who is on active duty but is not entitled to basic pay by reason of section 502(b) of title 37 due to authorized absence (A) to participate in an educational program, or (B) for an emergency purpose, as determined by the Secretary concerned.
• 10 U.S.C. § 1408(a)(1)(D)

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  (D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a program under a State plan approved under part D of title IV of the Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
• 10 U.S.C. § 1436(b)(2)

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  (2) to withdraw from participation in an annuity program under this title; or
• 10 U.S.C. § 1448(a)(1)

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  (1) The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan:

  (A) Persons entitled to retired pay.

  (B) Persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.
• 10 U.S.C. § 1461(b)(2)

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  (2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
• 10 U.S.C. § 1463(a)(4)

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  (4) benefits payable under programs under the jurisdiction of the Department of Defense and the Department of Homeland Security that provide annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
• 10 U.S.C. § 1465(c)(1)

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  (1) Not less often than every four years, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, shall carry out an actuarial valuation of Department of Defense military retirement and survivor benefit programs. Each actuarial valuation of such programs shall include—

  (A) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for active duty members of the Armed Forces and for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 115(i) of this title, to be determined without regard to section 1413a or 1414 of this title; and

  (B) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) for members of the Selected Reserve of the armed forces for service not otherwise described by subparagraph (A), to be determined without regard to section 1413a or 1414 of this title.

  Such single level percentages shall be used for the purposes of subsection (b)(1) and section 1466(a) of this title.
• 10 U.S.C. § 1465(c)(2)

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  (2) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) there has been a change in benefits under a military retirement or survivor benefit program that has been made since the last such valuation and such change in benefits increases or decreases the present value of amounts payable from the Fund, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, shall determine an amortization methodology and schedule for the amortization of the cumulative unfunded liability (or actuarial gain to the Fund) created by such change and any previous such changes so that the present value of the sum of the amortization payments (or reductions in payments that would otherwise be made) equals the cumulative increase (or decrease) in the present value of such amounts.
• 10 U.S.C. § 1501(a)(2)(A)

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  (A) Policy, control, and oversight of the program established under section 1509 of this title.
• 10 U.S.C. § 1501a(f)(2)

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  (2) Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.
• 10 U.S.C. § 1509(a)

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  (a) The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of section 1513(1) of this title who are unaccounted for from the following conflicts:

  (1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1501 note).

  (2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.

  (3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.

  (4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.

  (5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.

  (6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.
• 10 U.S.C. § 1509(b)(1)

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  (1) The Secretary of Defense shall implement the program within the Department of Defense through the designated Agency Director.
• 10 U.S.C. § 1509(d)(4)

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  (4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section.
• 10 U.S.C. § 1509(f)(1)

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  (1) In carrying out the program, the designated Agency Director shall ensure coordination with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commanders of the combatant commands.
• 10 U.S.C. § 1509(f)(2)

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  (2) In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council staff to enhance the ability of the Department of Defense to account for persons covered by subsection (a).
• 10 U.S.C. § 1509(f)(3)

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  (3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.
• 10 U.S.C. § 1561b(b)(2)(C)(ii)

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  (ii) options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program.
• 10 U.S.C. § 1562(b)(1)

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  (1) Each domestic violence incident reported to a commander, a law enforcement authority of the armed forces, or a family advocacy program of the Department of Defense.
• 10 U.S.C. § 1564a(a)

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  (a) The Secretary of Defense may carry out a program for the administration of counterintelligence polygraph examinations to persons described in subsection (b). The program shall be conducted in accordance with the standards specified in subsection (e).
• 10 U.S.C. § 1564a(c)(1)(B)

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  (B) is designated as being within a special access program under section 4.4(a) of Executive Order No. 12958 (or a successor Executive order); or
• 10 U.S.C. § 1564a(d)(4)

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  (4) A person employed by, or assigned or detailed to, an office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs or a contractor of such an office.
• 10 U.S.C. § 1564a(g)

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  (g) The Secretary shall carry out a continuing research program to support the polygraph examination activities of the Department of Defense. The program shall include the following:

  (1) An on-going evaluation of the validity of polygraph techniques used by the Department.

  (2) Research on polygraph countermeasures and anti-countermeasures.

  (3) Developmental research on polygraph techniques, instrumentation, and analytic methods.
• 10 U.S.C. § 1566(a)

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  (a) The Secretary of Defense shall prescribe regulations to require that the Army, Navy, Air Force, Marine Corps, and Space Force ensure their compliance with any directives issued by the Secretary of Defense in implementing any voting assistance program.
• 10 U.S.C. § 1566(b)

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  (b) In this section, the term “voting assistance programs” means—

  (1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);¹ and

  (2) any similar program.
• 10 U.S.C. § 1566(b)(1)

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  (1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);¹ and
• 10 U.S.C. § 1566(b)(2)

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  (2) any similar program.
• 10 U.S.C. § 1566(c)(1)(A)

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  (A) an annual review of the effectiveness of voting assistance programs; and
• 10 U.S.C. § 1566(c)(1)(B)

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  (B) an annual review of the compliance with voting assistance programs of that armed force.
• 10 U.S.C. § 1566(c)(3)(A)

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  (A) the effectiveness during the preceding calendar year of voting assistance programs; and
• 10 U.S.C. § 1566(c)(3)(B)

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  (B) the level of compliance during the preceding calendar year with voting assistance programs of each of the Army, Navy, Air Force, Marine Corps, and Space Force.
• 10 U.S.C. § 1566(e)

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  (e) The Secretary of each military department shall include in the set of issues and programs to be reviewed during any management effectiveness review or inspection at the installation level an assessment of compliance with the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)¹ and with Department of Defense regulations regarding the Federal Voting Assistance Program.
• 10 U.S.C. § 1580a(1)

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  (1) prescribe regulations for the purpose of ensuring that any civilian employee of the Department of Defense who is determined to be an emergency essential employee and who is required to participate in the anthrax vaccine immunization program is notified of the requirement to participate in the program and the consequences of a decision not to participate; and
• 10 U.S.C. § 1580a(2)

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  (2) ensure that any individual who is being considered for a position as such an employee is notified of the obligation to participate in the program before being offered employment in such position.
• 10 U.S.C. § 1582(a)(2)

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  (2) Organizations within the Department that have requirements to make programs or facilities accessible to, and usable by, persons with disabilities.
• 10 U.S.C. § 1582(a)(3)

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  (3) Any other department or agency of the Federal Government, upon the request of the head of that department or agency, for its employees with disabilities or for satisfying a requirement to make its programs or facilities accessible to, and usable by, persons with disabilities.
• 10 U.S.C. § 1585a(b)

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  (b) Subsection (a) applies to any DCIS special agent whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense.
• 10 U.S.C. § 1586(a)

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  (a) In order to advance the programs and activities of the Defense Establishment, it is hereby declared to be the policy of the Congress to facilitate the interchange of civilian employees of the Defense Establishment between posts of duty in the United States and posts of duty outside the United States through the establishment and operation of programs for the rotation, to the extent consistent with the missions of the Defense Establishment and sound principles of administration, of such employees who are assigned to duty outside the United States.
• 10 U.S.C. § 1586(b)

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  (b) Notwithstanding any other provision of law, the Secretary of Defense with respect to civilian employees of the Department of Defense other than employees of a military department, and the Secretary of each military department with respect to civilian employees of such military department, may, under such regulations as each such Secretary may prescribe with respect to the employees concerned and in accordance with the policy and other provisions of this section, establish and operate programs of rotation which provide for the granting of the right to return to a position in the United States to each civilian employee in the department concerned—

  (1) who, while serving under a career-conditional or career appointment in the competitive civil service, is assigned at the request of the department concerned to duty outside the United States,

  (2) who satisfactorily completes such duty, and

  (3) who applies, not later than 30 days after his completion of such duty, for the right to return to a position in the United States as provided by subsection (c).

  The Secretary of the department concerned may provide by regulation for the waiver of the provisions of paragraphs (2) and (3), or of either of such paragraphs, in those cases in which the application of such paragraphs, or either of them, would be against equity and good conscience or against the public interest.
• 10 U.S.C. § 1588(a)(2)

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  (2) Voluntary services to be provided for a museum or a natural resources program.
• 10 U.S.C. § 1588(a)(3)

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  (3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs:

  (A) Family support programs.

  (B) Child development and youth services programs.

  (C) Library and education programs.

  (D) Religious programs.

  (E) Housing referral programs.

  (F) Programs providing employment assistance to spouses of such members.

  (G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.
• 10 U.S.C. § 1588(a)(3)(A)

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  (A) Family support programs.
• 10 U.S.C. § 1588(a)(3)(B)

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  (B) Child development and youth services programs.
• 10 U.S.C. § 1588(a)(3)(C)

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  (C) Library and education programs.
• 10 U.S.C. § 1588(a)(3)(D)

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  (D) Religious programs.
• 10 U.S.C. § 1588(a)(3)(E)

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  (E) Housing referral programs.
• 10 U.S.C. § 1588(a)(3)(F)

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  (F) Programs providing employment assistance to spouses of such members.
• 10 U.S.C. § 1588(a)(3)(G)

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  (G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.
• 10 U.S.C. § 1588(a)(8)

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  (8) Voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense.
• 10 U.S.C. § 1588(a)(10)

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  (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
• 10 U.S.C. § 1594(a)(1)

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  (1) A civilian officer or employee of the Department of Defense who, in accordance with law or regulation, participates in a program for the automatic deposit of pay to a financial institution may be reimbursed for a covered late-deposit charge.
• 10 U.S.C. § 1598(a)

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  (a) The Secretary of Defense may establish a program—

  (1) to assist eligible civilian employees of the Department of Defense and the Department of Energy after the termination of their employment to obtain—

  (A) certification or licensure as elementary or secondary school teachers; or

  (B) the credentials necessary to serve as teachers’ aides; and

  (2) to facilitate the employment of such employees by local educational agencies that—

  (A) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; and

  (B) are also experiencing a shortage of teachers or teachers’ aides.
• 10 U.S.C. § 1598(b)(1)

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  (1) A civilian employee of the Department of Defense or the Department of Energy shall be eligible for selection by the Secretary of Defense to participate in the placement program authorized by subsection (a) if the employee—

  (A) during the five-year period beginning October 1, 1992, is terminated from such employment as a result of reductions in defense spending or the closure or realignment of a military installation, as determined by the Secretary of Defense or the Secretary of Energy, as the case may be;

  (B) has received—

  (i) in the case of an employee applying for assistance for placement as an elementary or secondary school teacher, a baccalaureate or advanced degree from an accredited institution of higher education; or

  (ii) in the case of an employee applying for assistance for placement as a teacher’s aide in an elementary or secondary school, an associate, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and

  (C) satisfies such other criteria for selection as the Secretary of Defense may prescribe.
• 10 U.S.C. § 1598(c)(1)

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  (1) Selection of civilian employees to participate in the placement program shall be made on the basis of applications submitted to the Secretary of Defense after the employees receive a notice of termination. An application shall be filed within such time, in such form, and contain such information as the Secretary of Defense may require.
• 10 U.S.C. § 1598(c)(3)

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  (3) The Secretary of Defense may not select a civilian employee to participate in the program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under the program with respect to that member.
• 10 U.S.C. § 1598(d)

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  (d) A civilian employee selected to participate in the placement program shall be required to enter into an agreement with the Secretary of Defense in which the employee agrees—

  (1) to obtain, within such time as the Secretary may require, certification or licensure as an elementary or secondary school teacher or the necessary credentials to serve as a teacher’s aide in an elementary or secondary school; and

  (2) to accept—

  (A) in the case of an employee selected for assistance for placement as a teacher, an offer of full-time employment as an elementary or secondary school teacher for not less than two school years with a local educational agency identified under section 1151(b)(2)¹ of this title, as in effect on October 4, 1999, to begin the school year after obtaining that certification or licensure; or

  (B) in the case of an employee selected for assistance for placement as a teacher’s aide, an offer of full-time employment as a teacher’s aide in an elementary or secondary school for not less than two school years with a local educational agency identified under section 1151(b)(3)¹ of this title, as in effect on October 4, 1999, to begin the school year after obtaining the necessary credentials.
• 10 U.S.C. § 1598(e)(1)

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  (1) Except as provided in paragraph (2), the Secretary of Defense shall pay to each participant in the placement program a stipend in an amount equal to the lesser of—

  (A) $5,000; or

  (B) the total costs of the type described in paragraphs (1), (2), (3), (8), and (9)¹ of section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) incurred by the participant while obtaining teacher certification or licensure or the necessary credentials to serve as a teacher’s aide and employment as an elementary or secondary school teacher or teacher aide.
• 10 U.S.C. § 1598(e)(2)

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  (2) A civilian employee selected to participate in the placement program who receives separation pay under section 5597 of title 5 shall not be paid a stipend under paragraph (1).
• 10 U.S.C. § 1598(f)

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  (f) Subsections (h) through (k) of section 1151¹ of this title, as in effect on October 4, 1999, shall apply with respect to the placement program authorized by this section.
• 10 U.S.C. § 1599a(a)

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  (a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees in the Military Department Civilian Intelligence Personnel Management System that is similar in purpose, conditions, content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
• 10 U.S.C. § 1599a(b)

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  (b) Any payment made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
• 10 U.S.C. § 1599b(c)

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  (c) The Secretary of Defense may establish a health care program that is comparable to the health care program established by the Secretary of State under section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084).
• 10 U.S.C. § 1599b(d)

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  (d) The Secretary of Defense may enter into agreements with the heads of other departments and agencies of the Government in order to facilitate the payment of expenses authorized by subsection (b) and to carry out a health care program authorized by subsection (c).
• 10 U.S.C. § 1599g(d)(2)

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  (2) An assignment under this section may be for a period in excess of two years, but not more than four years, if the Secretary determines that such assignment is necessary to meet critical mission or program requirements.
• 10 U.S.C. § 1599g(i)

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  (i) A private-sector organization that is temporarily assigned a member of the acquisition workforce under this section shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section.
• 10 U.S.C. § 1599g(j)

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  (j) Funds for the expenses for the program established under this section may be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include—

  (1) notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment;

  (2) expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and

  (3) expenses for the administration of the program.
• 10 U.S.C. § 1599g(j)(3)

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  (3) expenses for the administration of the program.
• 10 U.S.C. § 1599g(k)

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  (k) Each member of the acquisition workforce that participates in the program established under this section shall, upon completion of such participation, submit to the President of the Defense Acquisition University for inclusion in the report required under section 1746a(e) a description and evaluation of such participation.
• 10 U.S.C. § 1599j(d)

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  (d) An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):

  (1) Sexual assault prevention and response.

  (2) Victim advocacy.

  (3) Equal employment opportunity.

  (4) Workplace violence prevention and response.

  (5) Employee assistance.

  (6) Family advocacy.
• 10 U.S.C. § 1603(c)(3)(A)

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  (A) The Secretary shall submit to the appropriate congressional committees a report containing a strategy addressing the mission of the Defense Clandestine Service during the period covered by the most recent future-years defense program submitted under section 221 of this title, including—

  (i) how such mission will evolve during such period;

  (ii) how the authority provided by paragraph (1) will assist the Secretary in carrying out such mission; and

  (iii) an implementation plan for carrying out paragraph (1), including a projection of how much the amount of the allowances and benefits provided under such paragraph compare with the amount of the allowances and benefits provided before the date of the report.
• 10 U.S.C. § 1607(a)(2)

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  (2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and
• 10 U.S.C. § 1623(a)

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  (a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees of the Defense Intelligence Agency that is similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
• 10 U.S.C. § 1623(b)

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  (b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
• 10 U.S.C. § 1701a(b)(8)

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  (8) take full advantage of the Defense Civilian Leadership Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.);
• 10 U.S.C. § 1701a(b)(11)

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  (11) ensure the participation in the public-private talent exchange program established under section 1599g of this title of up to 250 members of the acquisition workforce in each fiscal year.
• 10 U.S.C. § 1701a(c)(1)

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  (1) The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards.
• 10 U.S.C. § 1701a(c)(2)

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  (2) If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title.
• 10 U.S.C. § 1701b(a)

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  (a) The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
• 10 U.S.C. § 1701b(b)

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  (b) The program may be carried out only with approval as follows:

  (1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.

  (2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.
• 10 U.S.C. § 1702

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  Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.
• 10 U.S.C. § 1705(e)(1)(C)

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  (C) Amounts in the Account may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title.
• 10 U.S.C. § 1706(a)

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  (a) It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each major defense acquisition program (as defined in section 4201 of this title), each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 4201(a)(2) of this title, and any other acquisition program identified by the Secretary, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense:

  (1) Portfolio acquisition executive.

  (2) Deputy portfolio acquisition executive.

  (3) Program manager.

  (4) Deputy program manager.

  (5) Senior contracting official.

  (6) Chief developmental tester.

  (7) Program lead product support manager.

  (8) Program lead systems engineer.

  (9) Program lead cost estimator.

  (10) Program lead contracting officer.

  (11) Program lead business financial manager.

  (12) Program lead production, quality, and manufacturing.

  (13) Program lead information technology.

  (14) Program lead software.
• 10 U.S.C. § 1706(a)(7)

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  (7) Program lead product support manager.
• 10 U.S.C. § 1706(a)(8)

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  (8) Program lead systems engineer.
• 10 U.S.C. § 1706(a)(9)

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  (9) Program lead cost estimator.
• 10 U.S.C. § 1706(a)(10)

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  (10) Program lead contracting officer.
• 10 U.S.C. § 1706(a)(11)

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  (11) Program lead business financial manager.
• 10 U.S.C. § 1706(a)(12)

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  (12) Program lead production, quality, and manufacturing.
• 10 U.S.C. § 1706(a)(13)

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  (13) Program lead information technology.
• 10 U.S.C. § 1706(a)(14)

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  (14) Program lead software.
• 10 U.S.C. § 1707(c)

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  (c) The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or portfolio acquisition executive on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—

  (1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;

  (2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;

  (3) conduct or assist with financial analysis and valuation of intellectual property;

  (4) assist in the drafting of a solicitation, contract, or other transaction;

  (5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and

  (6) conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of agreements.
• 10 U.S.C. § 1707(d)(1)

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  (1) In order to achieve the purpose set forth in subsection (a), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under subsection (b), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in paragraphs (2), (3), (4), and (6).
• 10 U.S.C. § 1721(b)(1)

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  (1) Program management.
• 10 U.S.C. § 1723(b)(1)

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  (1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities; and
• 10 U.S.C. § 1723(b)(2)

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  (2) develop key work experiences, including the creation of a program sponsored by the Department of Defense that facilitates the periodic interaction between individuals in the acquisition workforce and the end user in such end user’s environment to enhance the knowledge base of such workforce, for individuals in the acquisition workforce so that the individuals may gain in-depth knowledge and experience in the acquisition process and become seasoned, well-qualified members of the acquisition workforce.
• 10 U.S.C. § 1723(c)

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  (c) Not more than one year of a period of time spent pursuing a program of academic training or education in acquisition may be counted toward fulfilling any requirement established under this chapter for a certain period of experience.
• 10 U.S.C. § 1724(e)(1)(A)

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  (A) establish or continue one or more programs for the purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the requirement of subsection (a)(3);
• 10 U.S.C. § 1724(e)(1)(B)

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  (B) appoint individuals to developmental positions in those programs; and
• 10 U.S.C. § 1724(e)(2)

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  (2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have been awarded a baccalaureate degree, with a grade point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees.
• 10 U.S.C. § 1725(f)

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  (f) An officer who is a Senior Military Acquisition Advisor shall have as the officer’s primary duty providing strategic, technical, and programmatic advice to the service acquisition executive of the officer’s military department on matters pertaining to the Defense Acquisition System, including matters pertaining to procurement, research and development, advanced technology, test and evaluation, production, program management, systems engineering, and lifecycle logistics.
• 10 U.S.C. § 1732(a)

  Go to provision →
  (a) A portfolio acquisition executive is the senior acquisition official designated by the component acquisition executive or the service acquisition executive of the military department concerned, as applicable, to lead a portfolio of capabilities, with authority for plans, budgets, and execution of programs assigned to the portfolio, including life-cycle management.
• 10 U.S.C. § 1732(b)(1)

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  (1) Each program manager (as defined in section 1737 of this title) for a defense acquisition program shall report directly to the portfolio acquisition executive for such program unless otherwise directed by the component acquisition executive or service acquisition executive of the military department concerned (as applicable).
• 10 U.S.C. § 1732(c)

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  (c) For the defense acquisition programs assigned to a portfolio acquisition executive, such portfolio acquisition executive shall—

  (1) ensure that activities carried out under such programs are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title;

  (2) subject to the authority, direction, and control of the component acquisition executive or service acquisition executive of the military department concerned (as applicable)—

  (A) carry out all powers, functions, and duties of the component acquisition executive or service acquisition executive concerned (as applicable) with respect to members of the acquisition workforce assigned to the portfolio acquisition executive; and

  (B) ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in such portfolio;

  (3) coordinate with the relevant service chief (as defined in section 3101 of this title) when evaluating, modifying, or implementing requirements determinations, performance objectives, procurement quantity objectives, and materiel readiness objectives established under section 118(c) of this title;

  (4) liaise and collaborate directly with operational users of such defense acquisition programs to receive regular feedback to ensure the effectiveness and suitability of capabilities;

  (5) provide timely information to the relevant service chief, the Joint Staff, the Director of Cost Assessment and Program Evaluation, and other officials identified by the Secretary of Defense on cost, schedule, and performance trade-offs of defense acquisition programs assigned to the portfolio acquisition executive;

  (6) employ iterative development cycles with the authority to modify, discontinue, or terminate the development of capabilities—

  (A) that no longer align with a joint capability requirement (as defined in section 181 of this title) or other capability requirement established by the Secretary or relevant service chief; or

  (B) that are experiencing significant cost growth, technical or performance deficiencies, or delays in schedule;

  (7) collaborate with mission engineering functions of the Department of Defense to conduct cross-service technical and operational activities to coordinate integration of emerging technologies, prototypes, and operational concepts, as appropriate; and

  (8) ensure effective market research and, to the maximum extent practical, prioritize—

  (A) the use of transactions for prototype projects under section 4022; and

  (B) the procurement of commercial products and commercial services under chapter 247 of this title.
• 10 U.S.C. § 1732(c)(1)

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  (1) ensure that activities carried out under such programs are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title;
• 10 U.S.C. § 1732(c)(4)

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  (4) liaise and collaborate directly with operational users of such defense acquisition programs to receive regular feedback to ensure the effectiveness and suitability of capabilities;
• 10 U.S.C. § 1732(c)(5)

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  (5) provide timely information to the relevant service chief, the Joint Staff, the Director of Cost Assessment and Program Evaluation, and other officials identified by the Secretary of Defense on cost, schedule, and performance trade-offs of defense acquisition programs assigned to the portfolio acquisition executive;
• 10 U.S.C. § 1732(d)(3)(E)

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  (E) program management;
• 10 U.S.C. § 1734(c)(2)

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  (2) The regulations shall require that major milestones be clearly definable and measurable events that mark the completion of a significant phase in a major defense acquisition program and that such milestones be the same as the milestones contained in the baseline description established for the program pursuant to section 4214(a) of this title. The Secretary shall require that the major milestones as defined in the regulations be included in the Selected Acquisition Report required for such program under section 4351 of this title.
• 10 U.S.C. § 1734(e)(1)

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  (1) The Secretary of Defense shall establish a policy encouraging the rotation of members of the acquisition workforce serving in critical acquisition positions to new assignments after completion of five years of service in such positions, or, in the case of a program manager, after completion of a major program milestone, whichever is longer. Such rotation policy shall be designed to ensure opportunities for career broadening assignments and an infusion of new ideas into critical acquisition positions.
• 10 U.S.C. § 1734(g)

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  (g) The Secretary of Defense shall establish, for purposes of broadening the experience of members of the acquisition workforce, a test program in which members of the acquisition workforce serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department or agency. Under the test program, the Secretary of Defense shall ensure that, to the maximum extent practicable, at least 5 percent of the members of the acquisition workforce in critical acquisition positions shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years.
• 10 U.S.C. § 1735(b)(1)

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  (1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense;
• 10 U.S.C. § 1735(b)(3)(A)

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  (A) a program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization;
• 10 U.S.C. § 1735(b)(3)(C)

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  (C) a deputy program manager of a major defense acquisition program, must have at least six years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and
• 10 U.S.C. § 1735(c)(3)(A)

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  (A) a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization;
• 10 U.S.C. § 1735(d)(1)

  Go to provision →
  (1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment;
• 10 U.S.C. § 1737(a)(1)

  Go to provision →
  (1) The term “program manager” means, with respect to a defense acquisition program, the member of the acquisition workforce responsible for managing the program, regardless of the title given the member.
• 10 U.S.C. § 1737(a)(3)

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  (3) The term “significant nonmajor defense acquisition program” means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in section 4201 of this title) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than the dollar threshold set forth in section 3041(b)(1) of this title for such purposes for a major system or an eventual total expenditure for procurement of more than the dollar threshold set forth in section 3041(b)(1) of this title for such purpose for a major system.
• 10 U.S.C. § 1741(a)

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  (a) The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter.
• 10 U.S.C. § 1741(b)

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  (b) The Under Secretary of Defense for Acquisition and Sustainment each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31.
• 10 U.S.C. § 1741(c)

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  (c) The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.
• 10 U.S.C. § 1742(a)

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  (a) The Secretary of Defense shall conduct the following education and training programs:

  (1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into acquisition positions in the Department of Defense.

  (2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions.

  (3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.
• 10 U.S.C. § 1742(a)(1)

  Go to provision →
  (1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into acquisition positions in the Department of Defense.
• 10 U.S.C. § 1742(a)(2)

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  (2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions.
• 10 U.S.C. § 1742(a)(3)

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  (3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.
• 10 U.S.C. § 1742(b)

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  (b) Each recipient of a scholarship under a program conducted under subsection (a)(3) shall be required to sign a written agreement that sets forth the terms and conditions of the scholarship. The agreement shall be in a form prescribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements of the agreement, that are comparable to those set forth as a condition for providing advanced education assistance under section 2005. The obligation to reimburse the United States under an agreement under this subsection is, for all purposes, a debt owing the United States.
• 10 U.S.C. § 1743(a)

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  (a) The President of the Defense Acquisition University shall establish two programs to provide awards to recognize members of the acquisition workforce as follows:

  (1) An award of not more than $5,000 to such members who use an iterative writing process to document a first-hand account of using independent judgment to overcome an obstacle the member faced while working within the defense acquisition system (as defined in section 3001 of this title).

  (2) An award of not more than $5,000 to such members who make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
• 10 U.S.C. § 1743(d)

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  (d) A member of the acquisition workforce desiring an award under subsection (a)(2) shall submit to the President of the Defense Acquisition University documentation that such member uses approaches to program management that emphasize innovation and local adaptation, including the use of—

  (1) simplified acquisition procedures;

  (2) inherent flexibilities within the Federal Acquisition Regulation;

  (3) commercial contracting approaches;

  (4) public-private partnership agreements and practices;

  (5) cost-sharing arrangements;

  (6) innovative contractor incentive practices; or

  (7) other innovative implementations of acquisition flexibilities.
• 10 U.S.C. § 1746a(a)

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  (a) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—

  (1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 4142 of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense;

  (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce;

  (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking;

  (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce;

  (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and

  (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by—

  (A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 4142 of this title;

  (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and

  (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period.
• 10 U.S.C. § 1746a(a)(2)

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  (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce;
• 10 U.S.C. § 1746a(a)(6)(C)

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  (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period.
• 10 U.S.C. § 1746a(c)

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  (c) The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.
• 10 U.S.C. § 1747(a)

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  (a) The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition.
• 10 U.S.C. § 1747(d)

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  (d) Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching.
• 10 U.S.C. § 1748

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  The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.
• 10 U.S.C. § 1749(a)

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  (a) Not later than 180 days after the date of the enactment of this section, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense involved in any phase of the acquisition and sustainment lifecycle in making important decisions with respect to acquisition or sustainment, including requirements validation, the development of an acquisition strategy, awarding contracts, and ongoing management of performance and governance.
• 10 U.S.C. § 1749(b)

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  (b) The training program established under subsection (a) shall—

  (1) create deployable training teams to coach the cross-functional personnel and contractors described in subsection (a) and facilitate such personnel and contractors successfully completing a phase of an acquisition or sustainment effort with the same training team to the maximum extent possible;

  (2) to the extent practicable, ensure that the same training team under paragraph (1) provides the support described under such paragraph with respect to a phase of an acquisition or sustainment effort until such phase is completed or otherwise ends;

  (3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative acquisition and fielding procedures, flexible contracting frameworks, and business negotiation skills that are timed to align the topics of the lessons to relevant activities under a phase of an acquisition or sustainment effort;

  (4) emphasize—

  (A) the acquisition of commercial products, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, respectively, of title 41);

  (B) technology procured “as-a-service” or as a consumption-based solution (as defined in section 834 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4571 note)); and

  (C) using the middle tier acquisition pathways under section 3602 of this title and the pathways under section 3603 of this title; and

  (5) include a process for collecting feedback on the training program and performance of the training teams to improve the training program.
• 10 U.S.C. § 1749(b)(5)

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  (5) include a process for collecting feedback on the training program and performance of the training teams to improve the training program.
• 10 U.S.C. § 1749(c)

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  (c) Each training team created under the training program shall—

  (1) include at not less than one individual from the private sector or academia with expertise in conducting commercial transactions; and

  (2) have excellent facilitation skills and the ability to coach the cross-functional personnel and contractors described in subsection (a) on applying the best practices to the formulation of acquisition and sustainment programs and contracts;
• 10 U.S.C. § 1749(c)(2)

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  (2) have excellent facilitation skills and the ability to coach the cross-functional personnel and contractors described in subsection (a) on applying the best practices to the formulation of acquisition and sustainment programs and contracts;
• 10 U.S.C. § 1749(d)

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  (d) The Under Secretary of Defense for Acquisition and Sustainment shall ensure that each member of the acquisition workforce who participates in the training program established under subsection (a) can meet up to 80 hours of a continuous education requirement established under section 1723 of this title by participating in the training program.
• 10 U.S.C. § 1749(e)

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  (e) During fiscal year 2025, the Secretary of each military department shall carry out not less than one pilot program—

  (1) under which the military department shall receive support under the training program established under subsection (a) with respect to acquisition and sustainment efforts of high importance or urgency to the military department; and

  (2) which the Under Secretary for Acquisition and Sustainment shall use to develop the training material and procedures for the training program.
• 10 U.S.C. § 1749(e)(1)

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  (1) under which the military department shall receive support under the training program established under subsection (a) with respect to acquisition and sustainment efforts of high importance or urgency to the military department; and
• 10 U.S.C. § 1749(e)(2)

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  (2) which the Under Secretary for Acquisition and Sustainment shall use to develop the training material and procedures for the training program.
• 10 U.S.C. § 1749(f)

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  (f) The Under Secretary for Acquisition and Sustainment is authorized to use funds available for the Defense Acquisition University for civilian faculty members, contracts, and associated travel and expenses to carry out the training program established in subsection (a) starting in fiscal year 2025, and for fiscal years 2027 through fiscal year 2031—

  (1) not less than 25 percent of civilian faculty members authorized under section 1746 of this title shall be detailed to the training program established in subsection (a) for a minimum of half of their time; and

  (2) not less than 25 percent of all contract or agreement obligations in support of Defense Acquisition University shall be reserved for the training program established in subsection (a), including the training of civilian faculty members to facilitate programs under the training program.
• 10 U.S.C. § 1749(f)(1)

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  (1) not less than 25 percent of civilian faculty members authorized under section 1746 of this title shall be detailed to the training program established in subsection (a) for a minimum of half of their time; and
• 10 U.S.C. § 1749(f)(2)

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  (2) not less than 25 percent of all contract or agreement obligations in support of Defense Acquisition University shall be reserved for the training program established in subsection (a), including the training of civilian faculty members to facilitate programs under the training program.
• 10 U.S.C. § 1749(g)

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  (g) Not later than November 1, 2026, the Under Secretary for Acquisition and Sustainment shall provide a report to the Committees on Armed Services of the Senate and House of Representatives on the training program required under subsection (a), including—

  (1) the number and qualifications of civilian faculty members detailed to the training program under subsection (f)(1), including any training requirements they receive to facilitate programs under the training program;

  (2) an identification of contractor or university support for the training program pursuant to subsection (f)(2);

  (3) a budget for the training program that meets the requirements of subsection (f);

  (4) the status and success of the pilot program; and

  (5) any additional information or recommendations with respect to the training program that the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.
• 10 U.S.C. § 1749(g)(1)

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  (1) the number and qualifications of civilian faculty members detailed to the training program under subsection (f)(1), including any training requirements they receive to facilitate programs under the training program;
• 10 U.S.C. § 1749(g)(2)

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  (2) an identification of contractor or university support for the training program pursuant to subsection (f)(2);
• 10 U.S.C. § 1749(g)(3)

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  (3) a budget for the training program that meets the requirements of subsection (f);
• 10 U.S.C. § 1749(g)(4)

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  (4) the status and success of the pilot program; and
• 10 U.S.C. § 1749(g)(5)

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  (5) any additional information or recommendations with respect to the training program that the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.
• 10 U.S.C. § 1766(b)

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  (b) Each Secretary of a military department shall select for the Detachment, and make efforts to retain, members of the reserve components who possess relevant private-sector experience in the fields of business, acquisition, intelligence, engineering, technology transfer, science, mathematics, program management, logistics, cybersecurity, or such other fields as determined by the Secretary of Defense.
• 10 U.S.C. § 1781(b)(1)

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  (1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and
• 10 U.S.C. § 1781(b)(2)

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  (2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.
• 10 U.S.C. § 1781(d)(1)

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  (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.
• 10 U.S.C. § 1781(d)(3)(C)

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  (C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).
• 10 U.S.C. § 1781a(d)(2)

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  (2) To monitor requirements for the support of military family readiness programs and activities of the Department of Defense.
• 10 U.S.C. § 1781a(d)(3)

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  (3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense.
• 10 U.S.C. § 1781a(e)(4)(B)(i)

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  (i) awareness and promotion of accurate and timely information about covered military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services; and
• 10 U.S.C. § 1781b(b)(1)

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  (1) To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported.
• 10 U.S.C. § 1781b(b)(3)

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  (3) To ensure that the military family readiness programs and activities of the Department of Defense are available to all military families, including military families of members of the regular components, the reserve components, and the Space Force.
• 10 U.S.C. § 1781b(b)(4)

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  (4) To make military family readiness an explicit element of applicable Department of Defense plans, programs, and budgeting activities, and that achievement of military family readiness is expressed through Department-wide goals that are identifiable and measurable.
• 10 U.S.C. § 1781b(b)(5)

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  (5) To ensure that the military family readiness programs and activities of the Department of Defense undergo continuous evaluation in order to ensure that resources are allocated and expended for such programs and activities to achieve Department-wide family readiness goals.
• 10 U.S.C. § 1781b(c)(1)

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  (1) A list of military family readiness programs and activities.
• 10 U.S.C. § 1781b(c)(2)

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  (2) Department of Defense-wide goals for military family support, including joint programs, for military families of members of the regular components, members of the reserve components, and members of the Space Force.
• 10 U.S.C. § 1781b(c)(3)

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  (3) Policies on access to military family support programs and activities based on military family populations served and geographical location.
• 10 U.S.C. § 1781b(c)(4)

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  (4) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense.
• 10 U.S.C. § 1781b(c)(5)

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  (5) A summary, by fiscal year, of the allocation of funds (including appropriated funds and nonappropriated funds) for major categories of military family readiness programs and activities of the Department of Defense, set forth for each of the military departments and for the Office of the Secretary of Defense.
• 10 U.S.C. § 1781c(c)(2)

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  (2) To establish and oversee the programs required by subsection (e).
• 10 U.S.C. § 1781c(c)(5)

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  (5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunction with the preparation of future-years defense programs and other budgeting and planning activities of the Department of Defense.
• 10 U.S.C. § 1781c(c)(6)

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  (6) To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs.
• 10 U.S.C. § 1781c(c)(8)

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  (8) To carry out such other matters with respect to the programs and activities of the Department of Defense regarding military families with special needs as the Under Secretary of Defense for Personnel and Readiness shall specify.
• 10 U.S.C. § 1781c(d)(4)(C)

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  (C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the military department for the support of military families with special needs.
• 10 U.S.C. § 1781c(d)(4)(D)

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  (D) Procedures to ensure the coordination of Department of Defense health care programs and support programs for military families with special needs, and the coordination of such programs with other Federal, State, local, and non-governmental health care programs and support programs intended to serve such families.
• 10 U.S.C. § 1781c(d)(4)(I)

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  (I) Requirements to prohibit disenrollment from the Exceptional Family Member Program unless there is new supporting medical or educational information that indicates the original condition is no longer present, and to track disenrollment data in each armed force.
• 10 U.S.C. § 1781c(e)(1)

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  (1) The Office shall establish, maintain, and oversee a program to provide information and referral services on special needs matters to military families with special needs on a continuous basis regardless of the location of the member’s assignment. The program shall provide for timely access by members of such military families to individual case managers and counselors on matters relating to special needs.
• 10 U.S.C. § 1781c(e)(2)

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  (2) The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall—

  (A) assist military families in identifying whether or not they have a member with special needs; and

  (B) provide military families with special needs with information on the services, support, and assistance available through the Department of Defense regarding such members with special needs, including information on enrollment in programs of the military departments for such services, support, and assistance.
• 10 U.S.C. § 1781c(e)(2)(B)

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  (B) provide military families with special needs with information on the services, support, and assistance available through the Department of Defense regarding such members with special needs, including information on enrollment in programs of the military departments for such services, support, and assistance.
• 10 U.S.C. § 1781c(e)(3)(A)

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  (A) The Office shall provide support to the Secretary of each military department in the establishment and sustainment by such Secretary of a program for the support of military families with special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office under subsection (d).
• 10 U.S.C. § 1781c(e)(3)(B)

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  (B) Each program under this paragraph shall provide for appropriate numbers of case managers for the development and oversight of individualized services plans for educational and medical support for military families with special needs.
• 10 U.S.C. § 1781c(e)(3)(C)

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  (C) Services under a program under this paragraph may be provided by contract or other arrangements with non-Department of Defense entities qualified to provide such services.
• 10 U.S.C. § 1781c(g)(2)(C)

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  (C) With respect to the Extended Care Health Option program under section 1079(d) of this title—

  (i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;

  (ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;

  (iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and

  (iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.
• 10 U.S.C. § 1781c(g)(2)(C)(i)

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  (i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;
• 10 U.S.C. § 1781c(g)(2)(C)(iii)

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  (iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and
• 10 U.S.C. § 1781c(g)(2)(C)(iv)

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  (iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.
• 10 U.S.C. § 1781c(h)

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  (h) For purposes of this section, a military family with special needs is any military family with one or more members who has a medical or educational special need (as defined by the Secretary in regulations for purposes of this section), including a condition covered by the Extended Health Care Option Program under section 1079f of this title).
• 10 U.S.C. § 1782(a)

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  (a) The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of—

  (1) members of the armed forces who are on active duty, in an active status, or retired;

  (2) family members of such members; and

  (3) survivors of deceased retired members and of members who died while on active duty.
• 10 U.S.C. § 1784(e)

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  (e) The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of military spouse employment.
• 10 U.S.C. § 1784(i)(1)

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  (1) The Secretary of Defense shall carry out a program to provide spouses of members of the armed forces with paid fellowships (including in-person, remote, and hybrid fellowships) with employers in various industries. To carry out such program, the Secretary shall take the following steps:

  (A) Seek to enter into an agreement with an entity to conduct such program.

  (B) Determine the appropriate capacity for the program based on the availability of appropriations for such purpose.

  (C) Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses.
• 10 U.S.C. § 1784(i)(1)(A)

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  (A) Seek to enter into an agreement with an entity to conduct such program.
• 10 U.S.C. § 1784(i)(1)(B)

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  (B) Determine the appropriate capacity for the program based on the availability of appropriations for such purpose.
• 10 U.S.C. § 1784(i)(1)(C)

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  (C) Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses.
• 10 U.S.C. § 1784(i)(2)

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  (2) The authority to carry out the program under this subsection shall terminate on January 1, 2031.
• 10 U.S.C. § 1784a(a)(1)

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  (1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving—

  (A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or

  (B) the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.
• 10 U.S.C. § 1784a(a)(2)

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  (2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse’s employment and portable career opportunities.
• 10 U.S.C. § 1784a(b)(2)

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  (2) A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.
• 10 U.S.C. § 1784a(d)

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  (d) 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).
• 10 U.S.C. § 1784a(f)

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  (f) The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).
• 10 U.S.C. § 1785(a)

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  (a) The Secretary of Defense shall require that there be at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the armed forces into new surroundings when moving to that military installation as a result of a parent’s permanent change of station.
• 10 U.S.C. § 1785(b)

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  (b) The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage years.
• 10 U.S.C. § 1788a(a)

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  (a) Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Operations Command may conduct programs to provide family support services. In selecting and conducting any program under this subsection, the Commander shall coordinate with the Under Secretary of Defense for Personnel and Readiness.
• 10 U.S.C. § 1788a(b)

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  (b) In selecting the programs to be conducted under subsection (a), the Commander shall—

  (1) identify family support services that have a direct and concrete impact on the readiness of special operations forces, but that are not being provided by the Secretary of a military department to covered individuals; and

  (2) conduct a cost-benefit analysis of each family support service proposed to be included in a program.
• 10 U.S.C. § 1788a(b)(2)

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  (2) conduct a cost-benefit analysis of each family support service proposed to be included in a program.
• 10 U.S.C. § 1788a(c)

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  (c) The Commander may expend up to $10,000,000 during each fiscal year, from funds available for Major Force Program 11, to carry out family support programs under this section.
• 10 U.S.C. § 1788a(e)(4)

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  (4) The term “family support services” includes psychological support, spiritual support, and costs of transportation, food, lodging, child care, supplies, fees, and training materials for covered individuals while participating in programs under subsection (a).
• 10 U.S.C. § 1789(a)

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  (a) The Secretary of a military department may provide support services described in subsection (b) to support a chaplain-led program to assist a covered individual in building and maintaining a strong family structure, or to support the resiliency, suicide prevention, or holistic wellness of such covered individual.
• 10 U.S.C. § 1789(b)

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  (b) The support services referred to in subsection (a) are costs of transportation, food, lodging, child care, supplies, fees, and training materials for a covered individual while participating in a program referred to in that subsection, including participation at a retreat or conference.
• 10 U.S.C. § 1791(a)

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  (a) It is the policy of Congress that the amount of appropriated funds available during a fiscal year for operating expenses for military child development centers and programs shall be not less than 115 percent of the amount of child care fee receipts that are estimated to be received by the Department of Defense during that fiscal year.
• 10 U.S.C. § 1791(b)

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  (b) The Secretary of Defense shall be responsible for the allocation of Office of the Secretary of Defense level funds for military child development programs for children from birth through 12 years of age, and may not delegate such responsibility to the military departments.
• 10 U.S.C. § 1792(a)(1)

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  (1) The Secretary of Defense shall prescribe regulations implementing a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee.
• 10 U.S.C. § 1792(a)(2)

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  (2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee.
• 10 U.S.C. § 1792(a)(3)

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  (3) The training program established under this subsection shall cover, at a minimum, training in the following:

  (A) Early childhood development.

  (B) Activities and disciplinary techniques appropriate to children of different ages.

  (C) Child abuse prevention and detection.

  (D) Cardiopulmonary resuscitation and other emergency medical procedures.
• 10 U.S.C. § 1792(b)(2)(D)

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  (D) Assistance in the center’s child abuse prevention and detection program.
• 10 U.S.C. § 1795(a)

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  (a) The Secretary of Defense shall require that there be established at each military child development center a board of parents, to be composed of parents of children attending the center. The board shall meet periodically with staff of the center and the commander of the installation served by the center for the purpose of discussing problems and concerns. The board, together with the staff of the center, shall be responsible for coordinating the parent participation program described in subsection (b).
• 10 U.S.C. § 1795(b)

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  (b) The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. As part of such program, the Secretary of Defense may establish fees for attendance of children at such a center, in the case of parents who participate in the parent participation program at that center, at rates lower than the rates that otherwise apply.
• 10 U.S.C. § 1797

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  The Secretary of Defense shall require that all military child development centers meet standards of operation necessary for accreditation by an appropriate national early childhood programs accrediting body.
• 10 U.S.C. § 1798(a)

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  (a) The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services or youth program services that furnishes such services for members of the armed forces, survivors of members of the armed forces who die in combat-related incidents in the line of duty, and employees of the United States if the Secretary determines that providing such financial assistance—

  (1) is in the best interest of the Department of Defense;

  (2) enables supplementation or expansion of furnishing of child care services or youth program services for military installations, while not supplanting or replacing such services; and

  (3) ensures that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards of the Department of Defense that are applicable to the furnishing of such services.
• 10 U.S.C. § 1798(a)(2)

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  (2) enables supplementation or expansion of furnishing of child care services or youth program services for military installations, while not supplanting or replacing such services; and
• 10 U.S.C. § 1798(b)

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  (b) A provider of child care services or youth program services is eligible for financial assistance under this section if the provider—

  (1) is licensed to provide those services under applicable State and local law;

  (2) has previously provided such services for members of the armed forces or employees of the United States; and

  (3) either—

  (A) is a family home day care provider; or

  (B) is a provider of family child care services that—

  (i) otherwise provides federally funded or sponsored child development services;

  (ii) provides the services in a child development center owned and operated by a private, not-for-profit organization;

  (iii) provides before-school or after-school child care program in a public school facility;

  (iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program;

  (v) conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or

  (vi) is a provider of another category of child care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs of members of the armed forces or employees of the Department of Defense.
• 10 U.S.C. § 1798(b)(3)(B)(iii)

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  (iii) provides before-school or after-school child care program in a public school facility;
• 10 U.S.C. § 1798(b)(3)(B)(iv)

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  (iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program;
• 10 U.S.C. § 1798(b)(3)(B)(v)

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  (v) conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or
• 10 U.S.C. § 1799(a)

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  (a) The Secretary of Defense may authorize participation in child care or youth programs of the Department of Defense, to the extent of the availability of space and services, by children and youth under the age of 19 who are not dependents of members of the armed forces or of employees of the Department of Defense and are not otherwise eligible for participation in those programs.
• 10 U.S.C. § 1799(b)

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  (b) Authorization of participation in a program under subsection (a) shall be limited to situations in which that participation promotes the attainment of the objectives set forth in subsection (c), as determined by the Secretary.
• 10 U.S.C. § 1799(c)

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  (c) The objectives for authorizing participation in a program under subsection (a) are as follows:

  (1) To support the integration of children and youth of military families into civilian communities.

  (2) To make more efficient use of Department of Defense facilities and resources.

  (3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of members of the armed forces.
• 10 U.S.C. § 2001(a)(1)(A)

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  (A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary.
• 10 U.S.C. § 2001(b)(1)

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  (1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and
• 10 U.S.C. § 2004(e)

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  (e) An officer or enlisted member who, under regulations prescribed by the Secretary of Defense, is dropped from the program of legal training authorized by subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall any such member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program.
• 10 U.S.C. § 2004a(h)(1)

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  (1) An officer who is dropped from a program of medical training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.
• 10 U.S.C. § 2004a(h)(2)

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  (2) In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.
• 10 U.S.C. § 2004b(g)(1)

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  (1) An officer who is dropped from a program of psychological training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.
• 10 U.S.C. § 2004b(g)(2)

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  (2) In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.
• 10 U.S.C. § 2004c(b)(3)(B)

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  (B) if the Secretary of the military department concerned carries out a program under section 710 of this title—

  (i) agree to be inactivated for a period of time under subsection (a)(2) of such section upon completion of a detail under this section; and

  (ii) accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i).
• 10 U.S.C. § 2004c(h)

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  (h) An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—

  (1) perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or

  (2) repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f).¹
• 10 U.S.C. § 2004c(h)(1)

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  (1) perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or
• 10 U.S.C. § 2005(d)(1)

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  (1) The term “advanced education” means education or training above the secondary school level but does not include technical training provided to a member of the armed forces to qualify such member to perform a specified military function, to workshops, or to short-term training programs.
• 10 U.S.C. § 2006(e)(1)

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  (1) The Secretary of Defense shall carry out periodic actuarial valuations of the educational programs described in subsection (b)(1).
• 10 U.S.C. § 2006(e)(3)

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  (3) If at the time of any such valuation there has been a change in benefits under an education program described in subsection (b)(1) that has been made since the last such valuation and that increases or decreases the present value of benefits payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the liquidation of the unfunded liability (or negative unfunded liability) thus created such that the present value of the sum of the amortization payments equals the increase or decrease in the present value of such benefits.
• 10 U.S.C. § 2006(f)(1)

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  (1) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of the education programs described in subsection (b)(1), is equal to the actual total normal cost for the preceding month.
• 10 U.S.C. § 2006a(a)

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  (a) Effective as of August 1, 2014, an individual eligible for assistance under a Department of Defense educational assistance program or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses incurred for a program as follows:

  (1) An eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094).

  (2) In the case of a program designed to prepare individuals for licensure or certification in any State, if the program meets the instructional curriculum licensure or certification requirements of such State.

  (3) In the case of a program designed to prepare individuals for employment pursuant to standards developed by a State board or agency in an occupation that requires approval or licensure for such employment, if the program is approved or licensed by such State board or agency.
• 10 U.S.C. § 2006a(a)(1)

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  (1) An eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094).
• 10 U.S.C. § 2006a(a)(2)

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  (2) In the case of a program designed to prepare individuals for licensure or certification in any State, if the program meets the instructional curriculum licensure or certification requirements of such State.
• 10 U.S.C. § 2006a(a)(3)

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  (3) In the case of a program designed to prepare individuals for employment pursuant to standards developed by a State board or agency in an occupation that requires approval or licensure for such employment, if the program is approved or licensed by such State board or agency.
• 10 U.S.C. § 2006a(b)

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  (b) The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense educational assistance program or authority covered by this chapter for educational expenses incurred for a program of education that is not described in subsection (a) if the program—

  (1) is accredited and approved by a nationally or regionally recognized accrediting agency or association recognized by the Department of Education;

  (2) was not an eligible program described in subsection (a) at any time during the most recent two-year period;

  (3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under such programs or authorities; and

  (4) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
• 10 U.S.C. § 2006a(b)(2)

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  (2) was not an eligible program described in subsection (a) at any time during the most recent two-year period;
• 10 U.S.C. § 2006a(b)(3)

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  (3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under such programs or authorities; and
• 10 U.S.C. § 2006a(b)(4)

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  (4) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
• 10 U.S.C. § 2006a(c)(1)

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  (1) The term “Department of Defense educational assistance programs and authorities covered by this section” means the programs and authorities as follows:

  (A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title.

  (B) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.

  (C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.

  (D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.

  (E) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.
• 10 U.S.C. § 2006a(c)(1)(A)

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  (A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title.
• 10 U.S.C. § 2006a(c)(1)(C)

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  (C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.
• 10 U.S.C. § 2006a(c)(1)(D)

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  (D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.
• 10 U.S.C. § 2006a(c)(1)(E)

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  (E) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.
• 10 U.S.C. § 2008

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  Funds appropriated to the Department of Defense may be used to carry out construction, as defined in section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act, relating to the provision of assistance to certain school facilities under the impact aid program.
• 10 U.S.C. § 2012(f)(4)

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  (4) Procedures to ensure that Department of Defense resources are not applied exclusively to the program receiving the assistance.
• 10 U.S.C. § 2012(i)(1)(B)

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  (B) the use of Department of Defense personnel or resources for any program, project, or activity that is prohibited by law.
• 10 U.S.C. § 2012(i)(2)

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  (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.
• 10 U.S.C. § 2012(j)

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  (j) The Secretary of Defense shall establish a program to improve the oversight and cost accounting of training projects conducted in accordance with this section. The program shall include measures to accomplish the following:

  (1) Ensure that each project that is proposed to be conducted in accordance with this section (regardless of whether additional funding from the Secretary of Defense is sought) is requested in writing, reviewed for full compliance with this section, and approved in advance of initiation by the Secretary of the military department concerned and, in the case of a project that seeks additional funding from the Secretary of Defense, by the Secretary of Defense.

  (2) Ensure that each project that is conducted in accordance with this section is required to provide, within a specified period following completion of the project, an after-action report to the Secretary of Defense.

  (3) Require that each application for a project to be conducted in accordance with this section include an analysis and certification that the proposed project would not result in a significant increase in the cost of training (as determined in accordance with procedures prescribed by the Secretary of Defense).

  (4) Determine the total program cost for each project, including both those costs that are borne by the military departments from their own accounts and those costs that are borne by defense-wide accounts.

  (5) Provide for oversight of project execution to ensure that a training project under this section is carried out in accordance with the proposal for that project as approved.
• 10 U.S.C. § 2012(j)(4)

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  (4) Determine the total program cost for each project, including both those costs that are borne by the military departments from their own accounts and those costs that are borne by defense-wide accounts.
• 10 U.S.C. § 2015(a)

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  (a) The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that translate into civilian occupations.
• 10 U.S.C. § 2015(b)(1)

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  (1) Under the program required by this section, the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall provide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional licenses, professional certification, and related expenses.
• 10 U.S.C. § 2015(c)(1)

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  (1) Commencing not later than three years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, each Secretary concerned shall ensure that any credentialing program used in connection with the program under subsection (a) meets one of the requirements specified in paragraph (2).
• 10 U.S.C. § 2015(c)(2)

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  (2) The requirements for a credentialing program specified in this paragraph are that the credentialing program—

  (A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;

  (i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

  (ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector;

  (C) grants licenses that are recognized by the Federal Government or a State government; or

  (D) meets credential standards of a Federal agency.
• 10 U.S.C. § 2015(c)(2)(A)

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  (A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;
• 10 U.S.C. § 2015(d)(3)(A)

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  (A) Requirements for eligibility for participation in the program under this section.
• 10 U.S.C. § 2015(d)(3)(B)

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  (B) A description of the professional credentials and occupations covered by the program.
• 10 U.S.C. § 2015(d)(3)(C)

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  (C) Mechanisms for oversight of the payment of expenses and the provision of other benefits under the program.
• 10 U.S.C. § 2015(d)(3)(D)

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  (D) Such other matters in connection with the payment of expenses and the provision of other benefits under the program as the Secretaries consider appropriate.
• 10 U.S.C. § 2016(a)(1)

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  (1) To increase the number of nurses in the armed forces, the Secretary of Defense may enter into an agreement with one or more academic institutions to establish and operate an undergraduate program (in this section referred to as a “undergraduate nurse training program”) under which participants will earn a bachelor of science degree in nursing and serve as a member of the armed forces.
• 10 U.S.C. § 2016(a)(2)

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  (2) The Secretary of Defense may authorize the participation of members of the other uniformed services in the undergraduate nurse training program if the Secretary of Defense and the Secretary of Health and Human Services jointly determine the participation of such members in the program will facilitate an increase in the number of nurses in the other uniformed services.
• 10 U.S.C. § 2016(b)

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  (b) An undergraduate nurse training program shall have the capacity to graduate 25 students with a bachelor of science degree in nursing in the first class of the program, 50 in the second class, and 100 annually thereafter.
• 10 U.S.C. § 2016(c)

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  (c) An undergraduate nurse training program shall have the following elements:

  (1) It shall involve an academic partnership with one or more academic institutions with existing accredited schools of nursing.

  (2) It shall recruit as participants qualified individuals with at least two years of appropriate academic preparation, as determined by the Secretary of Defense.
• 10 U.S.C. § 2016(d)(1)

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  (1) An academic institution selected to operate an undergraduate nurse training program shall establish the program at or near a military installation that has a military treatment facility designated as a medical center with inpatient capability and multiple graduate medical education programs located on the installation or within reasonable proximity to the installation.
• 10 U.S.C. § 2016(d)(2)

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  (2) Before approving a location as the site of an undergraduate nurse training program, the Secretary of Defense shall conduct an assessment to ensure that the establishment of the program at that location will not adversely impact or displace existing nurse training programs, either conducted by the Department of Defense or by a civilian entity, at the location.
• 10 U.S.C. § 2016(e)

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  (e) An agreement entered into under subsection (a) shall not require members of the armed forces who are nurses to serve as faculty members for an undergraduate nurse training program.
• 10 U.S.C. § 2016(f)

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  (f) The Secretary of Defense shall encourage members of the armed forces to apply to participate in an undergraduate nurse training program. Graduates of the program shall incur a military service obligation in a regular or reserve component, as determined by the Secretary.
• 10 U.S.C. § 2031(b)(2)(D)

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  (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.
• 10 U.S.C. § 2031(c)

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  (c) The Secretary of the military department concerned shall, to support the Junior Reserve Officers’ Training Corps program—

  (1) detail officers and noncommissioned officers of an armed force under his jurisdiction to institutions having units of the Corps as administrators and instructors;

  (2) provide necessary text materials, equipment, and uniforms and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program;

  (3) establish minimum acceptable standards for performance and achievement for qualified units; and

  (4) maintain a prioritized waiting list that includes all secondary educational institutions that have made a request for a unit under this section and have not yet been approved by the Secretary concerned, and prescribe regulations describing the factors to be considered in assigning priority, including the length of time an institution has been waiting for a unit.
• 10 U.S.C. § 2031(c)(2)

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  (2) provide necessary text materials, equipment, and uniforms and, to the extent considered appropriate by the Secretary concerned, such additional resources (including transportation and billeting) as may be available to support activities of the program;
• 10 U.S.C. § 2031(d)(1)

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  (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.
• 10 U.S.C. § 2031(d)(3)

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  (3) The Secretary concerned may not require an officer or noncommissioned officer described in paragraph (1)(B) to have completed more than 8 years of service as a member of the armed forces as a condition for approval by the Secretary to serve as an administrator or instructor in the program.
• 10 U.S.C. § 2031(h)(3)

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  (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.
• 10 U.S.C. § 2031(j)(1)

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  (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.
• 10 U.S.C. § 2031(j)(2)(A)

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  (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.
• 10 U.S.C. § 2031(j)(2)(B)

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  (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.
• 10 U.S.C. § 2031(j)(2)(B)(v)

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  (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
• 10 U.S.C. § 2031(j)(2)(C)

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  (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.
• 10 U.S.C. § 2031(j)(4)

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  (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.
• 10 U.S.C. § 2033(a)

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  (a) In order for a retired officer or noncommissioned officer to be employed as an instructor in the program, the officer must be certified by the Secretary of the military department concerned as a qualified instructor in leadership, wellness and fitness, civics, and other courses related to the content of the program, according to the qualifications set forth in subsection (b)(2) or (c)(2), as appropriate.
• 10 U.S.C. § 2033(b)(1)

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  (1) Senior military instructors shall be retired officers of the armed forces and shall serve as instructional leaders who oversee the program.
• 10 U.S.C. § 2033(b)(2)(C)

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  (C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.
• 10 U.S.C. § 2033(b)(2)(D)(iii)

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  (iii) performance evaluation of competencies and standards within the program through site visits and inspections.
• 10 U.S.C. § 2033(c)(1)

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  (1) Non-senior military instructors shall be retired noncommissioned officers of the armed forces and shall serve as instructional leaders and teach independently of, but share program responsibilities with, senior military instructors.
• 10 U.S.C. § 2033(c)(2)

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  (2) A non-senior military instructor shall demonstrate a depth of experience, proficiency, and expertise in coaching, mentoring, and practical arts in executing the program, and shall have the following qualifications:

  (A) Professional military qualification, as determined by the Secretary of the military department concerned.

  (B) Award of an associates degree from an institution of higher learning within five years of employment.

  (C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.

  (D) Award of an advanced certification by the Secretary of the military department concerned in core content areas based on—

  (i) accumulated points for professional activities, services to the profession, awards, and recognitions;

  (ii) professional development to meet content knowledge and instructional skills; and

  (iii) performance evaluation of competencies and standards within the program through site visits and inspections.
• 10 U.S.C. § 2033(c)(2)(C)

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  (C) Completion of secondary education teaching certification requirements for the program as established by the Secretary of the military department concerned.
• 10 U.S.C. § 2033(c)(2)(D)(iii)

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  (iii) performance evaluation of competencies and standards within the program through site visits and inspections.
• 10 U.S.C. § 2035(a)

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  (a) If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers’ Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.
• 10 U.S.C. § 2035(b)(1)

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  (1) The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers’ Training Corps program under the jurisdiction of such Secretaries.
• 10 U.S.C. § 2035(c)

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  (c) The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers’ Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers’ Training Corps activities.
• 10 U.S.C. § 2035(d)

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  (d) The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers’ Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers’ Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers’ Training Corps programs.
• 10 U.S.C. § 2036(a)

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  (a) The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers’ Training Corps.
• 10 U.S.C. § 2036(b)

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  (b) In carrying out a program under subsection (a), the Secretary may coordinate with the following:

  (1) The Director of the National Science Foundation.

  (2) The Administrator of the National Aeronautics and Space Administration.

  (3) The heads of such other Federal, State, and local government entities the Secretary of Defense determines to be appropriate.
• 10 U.S.C. § 2036(c)(4)

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  (4) Development of travel opportunities, demonstrations, mentoring programs, and informal education in covered subjects for students and instructors.
• 10 U.S.C. § 2036(e)

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  (e) In carrying out a program under this section, the Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of the activities funded with grants under this section with respect to the needs of the Department of Defense.
• 10 U.S.C. § 2036(f)

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  (f) In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate.
• 10 U.S.C. § 2102(a)

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  (a) For the purpose of preparing selected students for commissioned service in the Army, Navy, Air Force, Marine Corps, or Space Force, the Secretary of each military department, under regulations prescribed by the President, may establish and maintain a Senior Reserve Officers’ Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees, and at any school essentially military that does not confer baccalaureate degrees, upon the request of the authorities at that institution.
• 10 U.S.C. § 2102(b)(1)

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  (1) the senior commissioned officer of the armed force concerned who is assigned to the program at that institution is given the academic rank of professor;
• 10 U.S.C. § 2102(c)

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  (c) At those institutions where a unit of the program is established membership of students in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned.
• 10 U.S.C. § 2102(d)

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  (d) The President shall cause to be established and maintained in each State at least one unit of the program if—

  (1) a unit is requested by an educational institution in the State;

  (2) such request is approved by the Governor of the State in which the institution requesting the unit is located; and

  (3) the Secretary of the military department concerned determines that there will be not less than 40 students enrolled in such unit and that the provisions of this section are otherwise satisfied.
• 10 U.S.C. § 2103(a)

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  (a) To be eligible for membership in the program a person must be a student at an institution where a unit of the Senior Reserve Officers’ Training Corps is established. However, a student at an institution that does not have a unit of the Corps is eligible, if otherwise qualified, to be a member of a unit at another institution.
• 10 U.S.C. § 2103(b)

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  (b) Persons from foreign countries may be enrolled as members of the program when their enrollment is approved by the Secretary of the military department concerned under criteria approved by the Secretary of State.
• 10 U.S.C. § 2103(c)

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  (c) A medical, dental, pharmacy, veterinary, or sciences allied to medicine, student may be admitted to a unit of the program for a course of training consisting of 90 hours of instruction a year for four academic years.
• 10 U.S.C. § 2103(d)

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  (d) Under such conditions as the Secretary of the military department concerned may prescribe, a medical, dental, pharmacy, veterinary, or sciences allied to medicine, student who is a commissioned officer of a reserve component of an armed force may be admitted to and trained in a unit of the program.
• 10 U.S.C. § 2103(e)

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  (e) An educational institution at which a unit of the program has been established shall give priority for enrollment in the program to students who are eligible for advanced training under section 2104 of this title.
• 10 U.S.C. § 2103a(a)(1)

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  (1) contract with the Secretary of the military department concerned, or the Secretary’s designated representative, to serve for the period required by the program; and
• 10 U.S.C. § 2104(a)

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  (a) Advanced training shall be provided to eligible members of the program and, if the institution concerned so requests, to eligible applicants for membership in the program.
• 10 U.S.C. § 2104(b)

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  (b) To be eligible for continuation, or initial enrollment, in the program for advanced training, a person must—

  (1) be a citizen of the United States;

  (2) be selected for advanced training under procedures prescribed by the Secretary of the military department concerned;

  (3) enlist in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary;

  (4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program;

  (5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary;

  (6) either—

  (A) complete successfully—

  (i) the first two years of a four-year Senior Reserve Officers’ Training Corps course; or

  (ii) field training or a practice cruise of a duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or

  (B) at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course; and

  (7) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.
• 10 U.S.C. § 2104(b)(4)

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  (4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program;
• 10 U.S.C. § 2104(c)

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  (c) A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program.
• 10 U.S.C. § 2106(a)

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  (a) Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
• 10 U.S.C. § 2107(b)(2)

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  (2) be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned;
• 10 U.S.C. § 2107(b)(4)

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  (4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; and
• 10 U.S.C. § 2107(c)(1)

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  (1) The Secretary of the military department concerned may provide for the payment of all expenses in his department of administering the financial assistance program under this section, including tuition, fees, books, and laboratory expenses. In the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, including elective requirements of the Senior Reserve Officers’ Training Corps course, financial assistance under this section may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions.
• 10 U.S.C. § 2107(c)(2)

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  (2) The Secretary of the military department concerned may provide financial assistance, as described in paragraph (1), to a student enrolled in an advanced education program beyond the baccalaureate degree level if the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section in any year may be awarded under this paragraph.
• 10 U.S.C. § 2107(c)(5)(A)

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  (A) The Secretary of the Army, under regulations and criteria established by the Secretary, may provide an individual who received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who does not have a baccalaureate degree with financial assistance for pursuit of a baccalaureate degree.
• 10 U.S.C. § 2107(c)(5)(F)

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  (F) A Reserve officer may not be called or ordered to active duty for a deployment while participating in the program under this paragraph.
• 10 U.S.C. § 2107(d)

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  (d) Upon satisfactorily completing the academic and military requirements of the four-year program, a cadet or midshipman may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
• 10 U.S.C. § 2107(h)(1)

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  (1) The Secretary of Defense shall determine the number of cadets and midshipmen appointed under this section who may be in the financial assistance programs at any one time in each military department.
• 10 U.S.C. § 2107(h)(2)

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  (2) Of the total number of cadets appointed in the financial assistance programs under this section in any year, not less than 100 shall be designated for placement in the program of the Army for service upon commissioning in the Army National Guard, of which one-half shall be for financial assistance awarded for a period of two years and the remainder shall be for financial assistance awarded for a period of four years. A cadet designated under this paragraph who, having initially contracted for service as provided in subsection (b)(5)(A) and having received financial assistance for two years under an award providing for four years of financial assistance under this section, modifies such contract with the consent of the Secretary of the Army to provide for service as described in subsection (b)(5)(B), may be counted, for the year in which the contract is modified, toward the number of appointments required under the preceding sentence for financial assistance awarded for a period of four years. A cadet who receives financial assistance under this paragraph and is commissioned in the Army National Guard shall perform service as provided in subsection (b)(5)(B) and may not be accepted for service on full-time active duty pursuant to the member’s voluntary application until the completion of the period of service prescribed in that subsection. The Secretary of the Army shall prescribe regulations to ensure a geographical distribution of the cadets who receive financial assistance under this paragraph.
• 10 U.S.C. § 2107(i)

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  (i) The Secretary of each military department shall seek to achieve an increase in the number of agreements entered into under this section so as to achieve an increase, by the 2006–2007 academic year, of not less than 400 in the number of cadets or midshipmen, as the case may be, enrolled under this section, compared to such number enrolled for the 2002–2003 academic year. In the case of the Secretary of the Navy, the Secretary shall seek to ensure that not less than one-third of such increase in agreements under this section are with students enrolled (or seeking to enroll) in programs of study leading to a baccalaureate degree in nuclear engineering or another appropriate technical, scientific, or engineering field of study.
• 10 U.S.C. § 2107a(b)(1)(B)

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  (B) be specially selected for the financial assistance program under this section under procedures prescribed by the Secretary of the Army;
• 10 U.S.C. § 2107a(b)(1)(D)

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  (D) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the Army to serve for the period required by the program;
• 10 U.S.C. § 2107a(b)(1)(F)

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  (F) agree in writing that he will serve in a troop program unit of the Army Reserve or Army National Guard for not less than eight years.
• 10 U.S.C. § 2107a(b)(3)(A)

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  (A) Subject to subparagraph (C), in the case of a person described in subparagraph (B), the Secretary may, at any time and with the consent of the person, modify an agreement described in paragraph (1)(F) submitted by the person for the purpose of reducing or eliminating the troop program unit service obligation specified in the agreement and to establish, in lieu of that obligation, an active duty service obligation.
• 10 U.S.C. § 2107a(b)(3)(B)(iii)

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  (iii) A cadet or former cadet under this section who signs an agreement under section 2122 of this title for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program.
• 10 U.S.C. § 2107a(c)(1)

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  (1) The Secretary of the Army shall provide for the payment of all expenses of the Department of the Army in administering the financial assistance program under this section, including the cost of tuition, fees, books, and laboratory expenses which are incurred by members of the program appointed as cadets under this section while such members are students at a military junior college.
• 10 U.S.C. § 2107a(c)(4)(A)

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  (A) The Secretary of the Army may provide an individual who received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who does not have a baccalaureate degree with financial assistance for pursuit of a baccalaureate degree.
• 10 U.S.C. § 2107a(c)(4)(F)

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  (F) A Reserve officer may not be called or ordered to active duty for a deployment while participating in the program under this paragraph.
• 10 U.S.C. § 2107a(d)

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  (d) Upon satisfactorily completing the academic and military requirements of the program, a cadet may be appointed as a reserve officer in the Army in the grade of second lieutenant, even though he is under 21 years of age.
• 10 U.S.C. § 2107a(h)

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  (h) The Secretary of the Army shall appoint each year under this section not less than 22 cadets at each military junior college at which there are not less than 22 members of the program eligible under subsection (b) for such an appointment. At any military junior college at which in any year there are fewer than 22 such members, the Secretary shall appoint each such member as a cadet under this section.
• 10 U.S.C. § 2107a(j)

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  (j) Financial assistance provided under this section to a cadet appointed at a military junior college is designated as, and shall be known as, an “Ike Skelton Early Commissioning Program Scholarship”.
• 10 U.S.C. § 2108(a)

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  (a) The Secretary of the military department concerned may give to any enlisted member of an armed force under his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the program as may be justified by his education and training.
• 10 U.S.C. § 2108(b)

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  (b) In determining a member’s eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equivalent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces.
• 10 U.S.C. § 2108(d)

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  (d) A person may become, remain, or be readmitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member’s obligated period of active duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study. If a cadet appointed under section 2107a of this title has been accepted for a course of study at an accredited civilian educational institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that member’s obligated period of service in a reserve component until the member has completed such course of study.
• 10 U.S.C. § 2108(e)

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  (e) The Secretary of the military department concerned may, when he determines that the interest of the service so requires, release any person from the program and discharge him from his armed force.
• 10 U.S.C. § 2109(a)

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  (a) For the further practical instruction of members of, and designated applicants for membership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addition to field training and practice cruises prescribed under section 2104(b)(6) of this title. The Secretary concerned may require that some or all of the training prescribed under this subsection must be completed by a member before the member is commissioned.
• 10 U.S.C. § 2109(b)(1)

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  (1) transport members of, and designated applicants for membership in, the program to and from the places designated for such training or practice cruises and furnish them subsistence while traveling to and from those places, or, instead of furnishing them transportation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to proceed to the place designated for the training or cruise and return, and pay the allowance for the return trip in advance;
• 10 U.S.C. § 2109(b)(2)

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  (2) furnish medical attendance and supplies to members of, and designated applicants for membership in, the program while attending such training and practice cruises, and admit them to military hospitals;
• 10 U.S.C. § 2109(b)(3)

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  (3) furnish subsistence, uniform clothing, and equipment to members of, and designated applicants for membership in, the program while attending such training or practice cruises or, instead of furnishing uniform clothing, pay them allowances at such rates as he may prescribe; and
• 10 U.S.C. § 2109(b)(4)

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  (4) use any member of, and designated applicants for membership in, an armed force, or any employee of the department, under his jurisdiction, and such property of the United States as he considers necessary, for the training and administration of members of, and designated applicants for membership in, the program at the places designated for training or practice cruises.
• 10 U.S.C. § 2110(a)

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  (a) The Secretary of the military department concerned may issue to institutions having units of the program, or to the officers of the armed force concerned who are designated as accountable or responsible for such property—

  (1) supplies, means of transportation including aircraft, arms and ammunition, and military textbooks and educational materials; and

  (2) uniform clothing, except that he may pay monetary allowances for uniform clothing at such rate as he may prescribe.
• 10 U.S.C. § 2110(b)

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  (b) The Secretary of the military department concerned may provide, or contract with civilian flying or aviation schools or educational institutions to provide, the personnel, aircraft, supplies, facilities, services, and instruction necessary for flight instruction and orientation for properly designated members of the program.
• 10 U.S.C. § 2110(c)

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  (c) The Secretary of the military department concerned may transport members of, and designated applicants for membership in, the program to and from installations when it is necessary for them to undergo medical or other examinations or for the purposes of making visits of observation. He may also furnish them subsistence, quarters, and necessary medical care, including hospitalization, while they are at, or traveling to or from, such an installation.
• 10 U.S.C. § 2110(d)

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  (d) The Secretary of the military department concerned may authorize members of, and designated applicants for membership in, the program to participate in aerial flights in military aircraft and in indoctrination cruises in naval vessels.
• 10 U.S.C. § 2110(e)

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  (e) The Secretary of the military department concerned may authorize such expenditures as he considers necessary for the efficient maintenance of the program.
• 10 U.S.C. § 2111

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  The Secretary of the military department concerned may detail regular or reserve members of an armed force under his jurisdiction (including retired members and members of the Fleet Reserve and Fleet Marine Corps Reserve recalled to active duty with their consent) for instructional and administrative duties at educational institutions where units of the program are maintained. The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force.
• 10 U.S.C. § 2111a(a)(2)

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  (2) In the case of an officer detailed as Commandant of Cadets, the officer may, upon the request of the college, be assigned from among the Professor of Military Science, the Professor of Naval Science (if any), and the Professor of Aerospace Science (if any) at that college or may be in addition to any other officer detailed to that college in support of the program.
• 10 U.S.C. § 2111a(a)(3)

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  (3) In the case of an officer detailed as Assistant Commandant of Cadets, the officer may, upon the request of the college, be assigned from among officers otherwise detailed to duty at that college in support of the program or may be in addition to any other officer detailed to that college in support of the program.
• 10 U.S.C. § 2111a(c)

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  (c) The Secretary of a military department shall designate officers for detail to the program at a senior military college in accordance with criteria provided by the college. An officer may not be detailed to a senior military college without the approval of that college.
• 10 U.S.C. § 2111b(a)

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  (a) The Secretary of Defense shall establish a program to facilitate the enrollment and instruction of persons from foreign countries as international students at the senior military colleges.
• 10 U.S.C. § 2111b(b)

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  (b) The purposes of the program shall be—

  (1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and

  (2) to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.
• 10 U.S.C. § 2111b(b)(1)

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  (1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and
• 10 U.S.C. § 2111b(c)

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  (c) Guidelines for implementation of the program shall be developed in coordination with the senior military colleges.
• 10 U.S.C. § 2111b(d)

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  (d) The Secretary of Defense shall annually identify to the senior military colleges the international students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the program. The Secretary shall identify the recommended international students to the senior military colleges as early as possible each year to enable those colleges to consider them in a timely manner in their respective admissions processes.
• 10 U.S.C. § 2111b(e)

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  (e) An international student who is admitted to a senior military college under the program under this section is responsible for the cost of instruction at that college. The Secretary of Defense may, from funds available to the Department of Defense other than funds available for financial assistance under section 2107a of this title, provide some or all of the costs of instruction for any such student.
• 10 U.S.C. § 2113(d)

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  (d) The Secretary may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources. Under such agreements the facilities concerned will retain their identities and basic missions. The Secretary may negotiate affiliation agreements with an accredited university or universities. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs.
• 10 U.S.C. § 2113(e)

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  (e) The Secretary of Defense may establish the following educational programs at the University:

  (1) Postdoctoral, postgraduate, and technological institutes.

  (2) A graduate school of nursing.

  (3) Other schools or programs, including certificate, certification, and undergraduate degree programs, that the Secretary determines necessary in order to operate the University in a cost-effective manner.
• 10 U.S.C. § 2113(e)(3)

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  (3) Other schools or programs, including certificate, certification, and undergraduate degree programs, that the Secretary determines necessary in order to operate the University in a cost-effective manner.
• 10 U.S.C. § 2113(f)

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  (f) The Secretary shall also establish programs in continuing medical education for military members of the health professions to the end that high standards of health care may be maintained within the military medical services.
• 10 U.S.C. § 2114(e)

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  (e) A medical student who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. In no case shall any such student be required to serve on active duty for any period in excess of a period equal to the period he participated in the program, except that in no case may any such student be required to serve on active duty less than one year.
• 10 U.S.C. § 2114(f)(1)

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  (1) The Secretary of Defense may enter into agreements with foreign military medical schools for reciprocal education programs under which students at the University receive specialized military medical instruction at the foreign military medical school and military medical personnel of the country of such medical school receive specialized military medical instruction at the University. Any such agreement may be made on a reimbursable basis or a nonreimbursable basis.
• 10 U.S.C. § 2114(i)

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  (i) A graduate of the University who is relieved of the graduate’s active-duty service obligation under subsection (c) before the completion of that active-duty service obligation may be given, with or without the consent of the graduate, an alternative obligation in the same manner as provided in subparagraphs (A) and (B) of paragraph (1) of section 2123(e) of this title or paragraph (2) of such section for members of the Armed Forces Health Professions Scholarship and Financial Assistance program.
• 10 U.S.C. § 2114a(a)(1)(A)(ii)

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  (ii) in a postdoctoral, postgraduate, or certificate program of the University; and
• 10 U.S.C. § 2114a(a)(3)(B)

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  (B) 40, with regards to all postdoctoral, postgraduate, and certificate programs of the University.
• 10 U.S.C. § 2114a(d)(3)

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  (3) An individual enrolled under this section shall not be entitled to an appointment in a uniformed service by reason of completing of a program of the University.
• 10 U.S.C. § 2116(a)(2)

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  (2) The term “TriService Nursing Research Program” means the program of military nursing research authorized under this section.
• 10 U.S.C. § 2116(b)

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  (b) The Secretary of Defense may establish at the University a program of military nursing research.
• 10 U.S.C. § 2116(c)

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  (c) The TriService Nursing Research Program shall be administered by a TriService Nursing Research Group composed of Army, Navy, and Air Force nurses who are involved in military nursing research and are designated by the Secretary concerned to serve as members of the group.
• 10 U.S.C. § 2131

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  Provisions of law relating to educational assistance for members of the Selected Reserve under the Montgomery GI Bill program are set forth in chapter 1606 of this title (beginning with section 16131).
• 10 U.S.C. § 2141(a)

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  (a) To encourage enlistments and reenlistments for service on active duty in the armed forces, the Secretary of each military department may establish a program in accordance with this chapter to provide educational assistance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Department of Defense, and a person participating in any such program may not be required to make any contribution to the program.
• 10 U.S.C. § 2142(a)(1)

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  (1) A program of educational assistance established under this chapter shall provide that any person enlisting or reenlisting in an armed force under the jurisdiction of the Secretary of the military department concerned who meets the eligibility requirements established by the Secretary in accordance with subsection (b) shall, subject to paragraph (3), become entitled to educational assistance under section 2143 of this title at the time of such enlistment.
• 10 U.S.C. § 2142(b)

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  (b) In establishing requirements for eligibility for an educational assistance program under this chapter, the Secretary concerned shall limit eligibility to persons who—

  (1) enlist or reenlist for service on active duty as a member of the Army, Navy, Air Force, or Marine Corps after September 30, 1980, and before October 1, 1981;

  (2) are graduates from a secondary school; and

  (3) meet such other requirements as the Secretary may consider appropriate for the purposes of this chapter and the needs of the armed forces.
• 10 U.S.C. § 2143(a)

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  (a) Subject to subsection (b), an educational assistance program established under section 2141 of this title shall provide for payment by the Secretary concerned of educational expenses incurred for instruction at an accredited institution by a person entitled to such assistance under this chapter. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved.
• 10 U.S.C. § 2151(b)(1)(E)

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  (E) The Space Force Senior Level Education Program.
• 10 U.S.C. § 2151(b)(2)(E)

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  (E) The Space Force Intermediate Level Education Program.
• 10 U.S.C. § 2154(c)(1)

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  (1) Any distance education program offered to satisfy Phase I or Phase II instruction under paragraph (1) or (2) of subsection (a) shall include a pathway for a student who is a member of a reserve component to fully complete the course of instruction asynchronously and while physically separated from the course instructors and without any in-person attendance required to graduate from such program.
• 10 U.S.C. § 2155(a)(1)

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  (1) After September 30, 2009, an officer of the armed forces may not be accepted for, or assigned to, a program of instruction designated by the Secretary of Defense as joint professional military education Phase II unless the officer has successfully completed a program of instruction designated by the Secretary of Defense as joint professional military education Phase I.
• 10 U.S.C. § 2155(d)

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  (d) Not later than September 30, 2009, for courses of instruction in a Phase II program of instruction that is offered at senior level service school that has been designated by the Secretary of Defense as a joint professional military education institution—

  (1) the percentage of students enrolled in any such course who are officers of the armed force that administers the school may not exceed 60 percent, with the remaining services proportionally represented; and

  (2) of the faculty at the school who are active-duty officers who provide instruction in such courses, the percentage who are officers of the armed force that administers the school may not exceed 60 percent, with the remaining services proportionally represented.
• 10 U.S.C. § 2162(d)(9)

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  (9) The Space Force Senior Level Education Program.
• 10 U.S.C. § 2162(d)(10)

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  (10) The Space Force Intermediate Level Education Program.
• 10 U.S.C. § 2164(a)(1)

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  (1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.
• 10 U.S.C. § 2164(a)(2)

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  (2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational program provided by the Secretary under this subsection.
• 10 U.S.C. § 2164(a)(3)(A)

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  (A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.
• 10 U.S.C. § 2164(b)(1)(B)

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  (B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents.
• 10 U.S.C. § 2164(b)(2)

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  (2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies:

  (A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B).

  (B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B).

  (C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.
• 10 U.S.C. § 2164(b)(2)(C)

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  (C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.
• 10 U.S.C. § 2164(c)(1)(A)

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  (A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing on such installation.
• 10 U.S.C. § 2164(c)(1)(B)

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  (B) A dependent of a United States Customs Service employee who resides in Puerto Rico, but not on a military installation, may enroll in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico in accordance with the same rules as apply to a dependent of a Federal employee residing in permanent living quarters on a military installation.
• 10 U.S.C. § 2164(c)(2)(A)

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  (A) Except as provided in subparagraphs (B) and (C), a dependent of a Federal employee who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) and who is not residing on a military installation may be enrolled in the program for not more than five consecutive school years.
• 10 U.S.C. § 2164(c)(2)(B)

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  (B) At the discretion of the Secretary, a dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the dependent is otherwise qualified for enrollment, space is available in the program, and the Secretary will be reimbursed for the educational services provided. Any such extension shall cover only one school year at a time.
• 10 U.S.C. § 2164(c)(2)(C)

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  (C) Subparagraph (A) shall not apply to an individual who is a dependent of a Federal employee in the excepted service (as defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.
• 10 U.S.C. § 2164(e)(1)

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  (1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school.
• 10 U.S.C. § 2164(e)(4)(E)

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  (E) In this paragraph, the term “defense dependents’ education system” means the program established and operated under section 1402(a) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921(a)).
• 10 U.S.C. § 2164(f)(1)

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  (1) The Secretary shall provide the following substantive rights, protections, and procedural safeguards (including due process procedures) in the educational programs provided for under this section:

  (A) In the case of children with disabilities aged 3 to 5, inclusive, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).

  (B) In the case of infants or toddlers with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to infants or toddlers with disabilities under part C of such Act (20 U.S.C. 1431 et seq.).

  (C) In the case of all other children with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities who are 3 to 5 years old under part B of such Act.
• 10 U.S.C. § 2164(f)(2)

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  (2) Paragraph (1) may not be construed as diminishing for children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section 6(a) of Public Law 81–874 (20 U.S.C. 241(a))) to children with disabilities as of October 7, 1991.
• 10 U.S.C. § 2164(g)

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  (g) When the Secretary of Defense provides educational services under this section to an individual who is a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon request of the Secretary of Defense, reimburse the Secretary for those services at rates routinely prescribed by the Secretary for those services. Any payments received by the Secretary under this subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.
• 10 U.S.C. § 2164(h)(1)

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  (1) The Secretary of Defense shall permit a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
• 10 U.S.C. § 2164(h)(2)

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  (2) The Secretary may, for good cause, authorize a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding a change in the status of the member or employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The enrollment may continue for as long as the Secretary considers appropriate.
• 10 U.S.C. § 2164(h)(3)

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  (3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.
• 10 U.S.C. § 2164(i)(1)

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  (1) The Secretary may authorize the dependent of an American Red Cross employee described in paragraph (2) to enroll in an education program provided by the Secretary pursuant to subsection (a) in a territory, commonwealth, or possession of the United States if the American Red Cross agrees to reimburse the Secretary for the educational services so provided.
• 10 U.S.C. § 2164(i)(2)(A)

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  (A) resides in a territory, commonwealth, or possession of the United States where a program referred to in paragraph (1) is provided; and
• 10 U.S.C. § 2164(j)(1)

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  (1) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States). Enrollment of such a dependent shall be on a tuition-free basis.
• 10 U.S.C. § 2164(j)(2)(A)

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  (A) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of the armed forces who died in—

  (i) an international terrorist attack against the United States or a foreign country friendly to the United States, as determined by the Secretary;

  (ii) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force; or

  (iii) the line of duty in a combat-related operation, as designated by the Secretary.
• 10 U.S.C. § 2164(j)(2)(B)(i)

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  (i) Except as provided by clause (ii), enrollment of a dependent described in subparagraph (A) in a Department of Defense education program provided pursuant to subsection (a) shall be on a tuition-free, space available basis.
• 10 U.S.C. § 2164(j)(2)(B)(ii)

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  (ii) In the case of a dependent described in subparagraph (A) residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may authorize enrollment of the dependent in a Department of Defense education program provided pursuant to subsection (a) on a tuition-free, space required basis.
• 10 U.S.C. § 2164(k)(1)

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  (1) The Secretary of Defense may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent of a member of the armed forces or a dependent of a Federal employee who is enrolled in the defense dependents’ education system established under section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921) if—

  (A) the dependents departed the overseas location as a result of a evacuation order;

  (B) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and

  (C) the school possesses the capacity and resources necessary to enable the student to attend the school.
• 10 U.S.C. § 2164(k)(1)(B)

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  (B) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and
• 10 U.S.C. § 2164(k)(2)

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  (2) Unless waived by the Secretary of Defense, a dependent described in paragraph (1) who is enrolled in a school operated by the Department of Defense education program pursuant to such paragraph may attend the school only through the end of the school year.
• 10 U.S.C. § 2164(l)(1)

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  (1) Under regulations prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in the virtual elementary and secondary education program established as a component of the Department of Defense education program of a dependent of a member of the armed forces on active duty who—

  (A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school operated by the Department of Defense education program); or

  (B) is a home-schooled student.
• 10 U.S.C. § 2164(l)(1)(A)

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  (A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school operated by the Department of Defense education program); or
• 10 U.S.C. § 2164(m)(1)

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  (1) The Secretary of Defense may administer a meal program, consistent with Federal law and standards prescribed by the Secretary of Agriculture for that meal program, for students enrolled in a school established under this section.
• 10 U.S.C. § 2164(m)(2)

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  (2) In this subsection, the term “meal program” means a program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
• 10 U.S.C. § 2164a(a)(8)

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  (8) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.
• 10 U.S.C. § 2164a(b)(4)

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  (4) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;
• 10 U.S.C. § 2164a(e)(2)(B)

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  (B) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.
• 10 U.S.C. § 2164b(a)

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  (a) Beginning not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Secretary of Defense shall carry out a program under which a dependent of a full-time, active-duty member of the armed forces may enroll in a covered DODEA school at the military installation to which the member is assigned, on a space-available basis as described in subsection (b), without regard to whether the member resides on the installation as described in section 2164(a)(1) of this title.
• 10 U.S.C. § 2164b(b)

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  (b) A student participating in the program under subsection (a) may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, as determined by the Director of the Department of Defense Education Activity.
• 10 U.S.C. § 2164b(c)

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  (c) The Secretary shall select military installations for participation in the program under subsection (a) based on—

  (1) the readiness needs of the Secretary of the military department concerned; and

  (2) the capacity of the covered DODEA schools located at the installation to accept additional students, as determined by the Director.
• 10 U.S.C. § 2164b(d)(1)

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  (1) Not later than April 1, 2025, and annually thereafter for four years, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the program under subsection (a).
• 10 U.S.C. § 2164b(d)(2)(A)

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  (A) An identification of the military installations participating in the program under subsection (a).
• 10 U.S.C. § 2164b(d)(2)(B)

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  (B) The number of students enrolled in covered DODEA schools under the program.
• 10 U.S.C. § 2164b(e)

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  (e) Not later than 90 days before officially announcing the participation of a new military installation in the program under subsection (a), the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives with respect to the participation of the installation.
• 10 U.S.C. § 2164c(a)(1)

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  (1) enter into arrangements with institutions of higher education to provide students of Defense Dependent Schools with access to postsecondary course credit through dual or concurrent enrollment programs; and
• 10 U.S.C. § 2164c(a)(2)

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  (2) subject to subsection (b), provide financial assistance to students to cover the costs associated with such programs.
• 10 U.S.C. § 2164c(c)

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  (c) The Secretary of Defense shall, to the greatest extent practicable, ensure that the Department of Defense Education Activity, in facilitating dual or concurrent enrollment programs with institutions of higher education under this section—

  (1) establishes articulation or credit transfer agreements that promote the transferability of academic credits earned by participating students; and

  (2) prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs.
• 10 U.S.C. § 2164c(c)(2)

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  (2) prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs.
• 10 U.S.C. § 2164c(d)

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  (d) In entering into contracts or other agreements with institutions of higher education for purposes of dual or concurrent enrollment programs under this section, the Secretary of Defense shall ensure that such institutions have a program participation agreement in effect under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) and are not provisionally or temporarily certified.
• 10 U.S.C. § 2164c(e)

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  (e) In implementing dual or concurrent enrollment programs under this section, the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall do the following:

  (1) Design a sequence of courses for such programs to match the academic content standards and level of rigor of the corresponding postsecondary courses, in consultation and collaboration with—

  (A) educators from Defense Dependent Schools serving the military-connected community;

  (B) faculty members from institutions of higher education offering dual or concurrent enrollment programs; and

  (C) the school advisory committee (or the equivalent advisory body) of each Defense Dependent School.

  (2) Establish outreach and awareness efforts targeted toward elementary and secondary school students, particularly those in the middle grades and their families, educators, school counselors, and principals, to provide—

  (A) general information regarding the availability and benefits of dual or concurrent enrollment programs;

  (B) guidance on eligibility requirements, academic expectations, and necessary preparatory coursework for such programs; and

  (C) resources to support informed decisionmaking and successful student participation in such programs.
• 10 U.S.C. § 2164c(e)(1)

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  (1) Design a sequence of courses for such programs to match the academic content standards and level of rigor of the corresponding postsecondary courses, in consultation and collaboration with—

  (A) educators from Defense Dependent Schools serving the military-connected community;

  (B) faculty members from institutions of higher education offering dual or concurrent enrollment programs; and

  (C) the school advisory committee (or the equivalent advisory body) of each Defense Dependent School.
• 10 U.S.C. § 2164c(e)(1)(B)

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  (B) faculty members from institutions of higher education offering dual or concurrent enrollment programs; and
• 10 U.S.C. § 2164c(e)(2)(A)

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  (A) general information regarding the availability and benefits of dual or concurrent enrollment programs;
• 10 U.S.C. § 2164c(e)(2)(B)

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  (B) guidance on eligibility requirements, academic expectations, and necessary preparatory coursework for such programs; and
• 10 U.S.C. § 2164c(e)(2)(C)

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  (C) resources to support informed decisionmaking and successful student participation in such programs.
• 10 U.S.C. § 2164c(h)(1)

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  (1) Not later than one year after the date of the enactment of this section, and annually thereafter for four years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the dual and concurrent enrollment programs authorized under this section.
• 10 U.S.C. § 2164c(h)(2)(A)

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  (A) the number of students who participated in dual or concurrent enrollment programs authorized under this section;
• 10 U.S.C. § 2164c(h)(2)(B)

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  (B) the total cost to the Department of Defense of providing such programs; and
• 10 U.S.C. § 2164c(h)(2)(C)(i)

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  (i) whether and to what extent such programs consisted of online classes or in-person instruction; and
• 10 U.S.C. § 2164c(h)(2)(C)(ii)

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  (ii) the subjects taught in postsecondary classes taken by students participating in such programs.
• 10 U.S.C. § 2164c(i)(3)

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  (3) The term “dual or concurrent enrollment program” means a program offered by an arrangement between the Department of Defense Education Activity and an institution of higher education and through which a student enrolled in a Defense Dependent School who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn credit that applies—

  (A) toward completion of a postsecondary degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and

  (B) toward completion of high school.
• 10 U.S.C. § 2164d(c)(2)(C)

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  (C) gifted education programs;
• 10 U.S.C. § 2164d(c)(2)(D)

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  (D) special education programs, including individualized education programs (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)));
• 10 U.S.C. § 2164d(c)(2)(F)

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  (F) the Exceptional Family Member Program; and
• 10 U.S.C. § 2167(d)(1)

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  (1) the curriculum for the professional military education program in which private sector employees may be enrolled under this section is not readily available through other schools and concentrates on national security relevant issues; and
• 10 U.S.C. § 2169(b)

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  (b) The School of Nursing may include a program that awards a bachelor of science in nursing.
• 10 U.S.C. § 2171(a)(1)(B)

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  (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
• 10 U.S.C. § 2171(a)(2)

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  (2) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary.
• 10 U.S.C. § 2173(c)(3)

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  (3) The person is enrolled in the final year of an approved graduate program leading to specialty qualification in medicine, dentistry, osteopathic medicine, or other health profession.
• 10 U.S.C. § 2173(c)(4)

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  (4) The person is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance Program under subchapter I of chapter 105 of this title for a number of years less than is required to complete the normal length of the course of study required for the health profession concerned.
• 10 U.S.C. § 2173(e)(1)(A)

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  (A) all educational expenses, comparable to all educational expenses recognized under section 2127(a) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program; and
• 10 U.S.C. § 2173(e)(1)(B)

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  (B) reasonable living expenses, not to exceed expenses comparable to the stipend paid under section 2121(d) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program.
• 10 U.S.C. § 2173(e)(2)

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  (2) For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary of the military department concerned may pay not more than $60,000 on behalf of the person. This maximum amount shall be increased annually by the Secretary of Defense effective October 1 of each year by the percentage equal to the percent increase in the average annual cost of educational expenses and stipend costs of a single scholarship under the Armed Forces Health Professions Scholarship and Financial Assistance program.
• 10 U.S.C. § 2173(g)(1)

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  (1) A commissioned officer who is relieved of the officer’s active duty obligation under this section before the completion of that obligation may be given, with or without the consent of the officer, any alternative obligation comparable to any of the alternative obligations authorized by section 2123(e) of this title for participants in the Armed Forces Health Professions Scholarship and Financial Assistance program.
• 10 U.S.C. § 2174(f)(2)(B)

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  (B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965.
• 10 U.S.C. § 2185

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  Regulations prescribed to carry out this chapter shall provide that the programs under this chapter shall be consistent with the educational assistance programs under chapters 35 and 36 of title 38.
• 10 U.S.C. § 2192(a)(2)

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  (2) establish and conduct programs to carry out such actions.
• 10 U.S.C. § 2192(b)(1)

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  (1) In furtherance of the authority of the Secretary of Defense under any provision of this chapter or any other provision of law to support educational programs in science, mathematics, engineering, and technology, the Secretary of Defense may, unless otherwise specified in such provision—

  (A) enter into contracts and cooperative agreements with eligible entities;

  (B) make grants of financial assistance to eligible entities;

  (C) provide cash awards and other items to eligible entities;

  (D) accept voluntary services from eligible entities; and

  (E) support national competition judging, other educational event activities, and associated award ceremonies in connection with these educational programs.
• 10 U.S.C. § 2192(b)(1)(E)

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  (E) support national competition judging, other educational event activities, and associated award ceremonies in connection with these educational programs.
• 10 U.S.C. § 2192b(a)

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  (a) The Secretary of Defense shall carry out a program to—

  (1) enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathematics; and

  (2) provide assistance to teachers at covered schools to enhance preparation described in paragraph (1).
• 10 U.S.C. § 2192b(b)

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  (b) In carrying out the program, the Secretary shall coordinate with the following:

  (1) The Secretaries of the military departments.

  (2) The Secretary of Education.

  (3) The National Science Foundation.

  (4) Other organizations as the Secretary of Defense considers appropriate.
• 10 U.S.C. § 2192b(c)

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  (c) Activities under the program may include the following:

  (1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for students and teachers at covered schools.

  (2) Establishment of scholarships and fellowships for students at covered schools.

  (3) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools.

  (4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools.
• 10 U.S.C. § 2192b(c)(4)

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  (4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools.
• 10 U.S.C. § 2192b(d)

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  (d) The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense.
• 10 U.S.C. § 2192c(c)(1)(B)

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  (B) Coordinating covered academic engagement programs for the Department of Defense.
• 10 U.S.C. § 2192c(c)(1)(D)

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  (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.
• 10 U.S.C. § 2192c(c)(1)(E)

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  (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.
• 10 U.S.C. § 2192c(c)(1)(F)

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  (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.
• 10 U.S.C. § 2192c(c)(1)(G)

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  (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.
• 10 U.S.C. § 2192c(c)(1)(H)(i)

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  (i) the involvement in covered academic engagement programs by the Department of Defense; and
• 10 U.S.C. § 2192c(e)

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  (e) 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.
• 10 U.S.C. § 2192c(e)(1)

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  (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;
• 10 U.S.C. § 2192c(e)(5)

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  (5) support national competition judging, other educational event activities, and associated award ceremonies in connection with covered academic engagement programs.
• 10 U.S.C. § 2192c(f)

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  (f) 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.
• 10 U.S.C. § 2192c(g)

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  (g) 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).
• 10 U.S.C. § 2192c(g)(1)

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  (1) A primary, secondary, or post-secondary educational program with a cyber focus.
• 10 U.S.C. § 2192c(g)(2)

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  (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.
• 10 U.S.C. § 2193(a)(1)

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  (1) The Secretary of Defense may, in accordance with the provisions of this subsection, carry out a program for awarding grants to students who have been accepted for enrollment in, or who are enrolled in, an institution of higher education as undergraduate or graduate students in scientific and engineering disciplines critical to the national security functions of the Department of Defense.
• 10 U.S.C. § 2193a

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  The Secretary of Defense, in coordination with the Secretary of Education, may establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members.
• 10 U.S.C. § 2193b(a)

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  (a) The Secretary of Defense may conduct a science, technology, engineering, art and design, and mathematics education improvement program known as the “Department of Defense STARBASE Program”. The Secretary shall carry out the program in coordination with the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating.
• 10 U.S.C. § 2193b(b)

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  (b) The purpose of the program is to improve knowledge and skills of students in kindergarten through twelfth grade in science, technology, engineering, art and design, and mathematics.
• 10 U.S.C. § 2193b(c)(1)

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  (1) The Secretary shall provide for the establishment of at least 25 academies under the program.
• 10 U.S.C. § 2193b(c)(2)

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  (2) The Secretary of Defense shall establish guidelines, criteria, and a process for the establishment of STARBASE programs in addition to those in operation on October 5, 1999.
• 10 U.S.C. § 2193b(c)(3)(A)

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  (A) Except as otherwise provided under subparagraph (B), the Secretary may not support the establishment in any State of more than four academies under the program.
• 10 U.S.C. § 2193b(d)

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  (d) The Secretary shall prescribe standards and procedures for selection of persons for participation in the program.
• 10 U.S.C. § 2193b(e)

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  (e) The Secretary of Defense shall prescribe regulations governing the conduct of the program.
• 10 U.S.C. § 2193b(f)(1)

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  (1) The Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Department in which the Coast Guard is operating may accept financial and other support for the program from other departments and agencies of the Federal Government, State governments, local governments, and not-for-profit and other organizations in the private sector.
• 10 U.S.C. § 2193b(f)(2)

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  (2) The Secretary of Defense shall remain the executive agent to carry out the program regardless of the source of funds for the program or any transfer of jurisdiction over the program within the executive branch.
• 10 U.S.C. § 2193b(g)

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  (g) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on the program under this section. The report shall contain a discussion of the design and conduct of the program and an evaluation of the effectiveness of the program.
• 10 U.S.C. § 2194(b)(6)

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  (6) cooperating with the institution in developing a program under which students may be given academic credit for work on defense laboratory projects, including research and technology transfer or transition projects;
• 10 U.S.C. § 2195(a)

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  (a) The Secretary of Defense shall ensure that the director of each defense laboratory establishes, in association with one or more public or private colleges or universities in the United States or one or more consortia of colleges or universities in the United States, cooperative work-education programs for undergraduate and graduate students.
• 10 U.S.C. § 2195(b)

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  (b) Under a cooperative work-education program established under subsection (a), a director referred to in that subsection may, without regard to any applicable non-statutory limitation on the number of authorized personnel or on the aggregate amount of any personnel cost—

  (1) make an offer for participation in the cooperative work-education program directly to a student and appoint such student to an entry-level position of employment in the laboratory of such director;

  (2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS–9 under the General Schedule under section 5332 of title 5, that is competitive with compensation levels provided for entry-level positions in similar industry-sponsored cooperative work-education programs;

  (3) pay all travel expenses between the college or university in which the student is enrolled and the laboratory concerned for not more than six round trips per year; and

  (4) pay all or part of such fees, charges, and costs related to the participation of such student in the cooperative work-education program as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books.
• 10 U.S.C. § 2195(b)(1)

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  (1) make an offer for participation in the cooperative work-education program directly to a student and appoint such student to an entry-level position of employment in the laboratory of such director;
• 10 U.S.C. § 2195(b)(2)

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  (2) pay such person a rate of basic pay, not to exceed the maximum rate of pay provided for grade GS–9 under the General Schedule under section 5332 of title 5, that is competitive with compensation levels provided for entry-level positions in similar industry-sponsored cooperative work-education programs;
• 10 U.S.C. § 2195(b)(4)

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  (4) pay all or part of such fees, charges, and costs related to the participation of such student in the cooperative work-education program as tuition, matriculation fees, charges for library and laboratory services, materials, and supplies, and the purchase or rental price of books.
• 10 U.S.C. § 2195(d)(2)(A)

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  (A) a Student Educational Employment Program of the Agency conducted under this section or any other provision of law; or
• 10 U.S.C. § 2195(d)(2)(B)

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  (B) a similar cooperative or summer education program of the Agency that meets the criteria for Federal cooperative or summer education programs prescribed by the Office of Personnel Management.
• 10 U.S.C. § 2198(a)

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  (a) The Secretary of Defense, in coordination with the National Science Foundation, shall establish a program for the making of grants on a competitive basis to United States institutions of higher education and other United States not-for-profit organizations for the conduct of programs for scientists, engineers, and managers to learn Japanese language and culture.
• 10 U.S.C. § 2198(b)

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  (b) The Secretary of Defense shall prescribe in regulations the criteria for awarding a grant under the program for activities of an institution or organization referred to in subsection (a), including the following:

  (1) Whether scientists, engineers, and managers of defense laboratories and Department of Energy laboratories are permitted a level of participation in such activities that is beneficial to the development and application of defense critical technologies by such laboratories.

  (2) Whether such activities include the placement of United States scientists, engineers, and managers in Japanese government and industry laboratories—

  (A) to improve the knowledge of such scientists, engineers, and managers in (i) Japanese language and culture, and (ii) the research and development and management practices of such laboratories; and

  (B) to provide opportunities for the encouragement of technology transfer from Japan to the United States.

  (3) Whether an appropriate share of the costs of such activities will be paid out of funds derived from non-Federal Government sources.
• 10 U.S.C. § 2200(a)

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  (a) To encourage the recruitment and retention of Department of Defense personnel who have the computer and network security skills necessary to meet the cyber requirements of the Department of Defense, the Secretary of Defense may carry out programs in accordance with this chapter to provide financial support for education in disciplines relevant to those requirements at institutions of higher education.
• 10 U.S.C. § 2200(b)

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  (b) The programs authorized under this chapter are as follows:

  (1) Scholarships for pursuit of programs of education in cyber disciplines at institutions of higher education.

  (2) Grants to institutions of higher education.
• 10 U.S.C. § 2200(b)(1)

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  (1) Scholarships for pursuit of programs of education in cyber disciplines at institutions of higher education.
• 10 U.S.C. § 2200(c)

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  (c) The programs authorized under this chapter shall be known as the “Cyber Scholarship Program”.
• 10 U.S.C. § 2200a(f)(1)

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  (1) Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of degrees referred to in subsection (a) at institutions of higher education that have established, improved, or are administering programs of education in cyber disciplines under the grant program established in section 2200b of this title, as determined by the Secretary of Defense.
• 10 U.S.C. § 2200a(g)(1)

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  (1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a cyber position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship under this section was awarded and who, under the terms of the agreement for such scholarship, at the time of such appointment owes a service commitment to the Department; and
• 10 U.S.C. § 2200b(a)

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  (a) The Secretary of Defense may provide grants of financial assistance to institutions of higher education to support the establishment, improvement, or administration of programs of education in cyber disciplines referred to in section 2200(a) of this title.
• 10 U.S.C. § 2200g(a)

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  (a) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a Defense Civilian Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees.
• 10 U.S.C. § 2200g(c)

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  (c) The Under Secretary of Defense for Acquisition and Sustainment may leverage the resources and programs of the acquisition research organization within a civilian college or university that is described under section 4142(a) of this title (commonly referred to as the “Acquisition Innovation Research Center”) to carry out the requirements of this chapter.
• 10 U.S.C. § 2200h(a)

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  (a) In establishing the program, the Secretary of Defense shall determine the following:

  (1) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense.

  (2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1).

  (3) Criteria for an accredited civilian educational institution to participate in the program.

  (4) The eligibility of a student to become a member of the program.

  (5) Criteria required for a member of the program to receive financial assistance from the Department of Defense.

  (6) The term of service as an employee of the Department of Defense required for a member of the program to receive such financial assistance.

  (7) Criteria required for a member of the program to be released from a term of service.

  (8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense, in accordance with subsection (b).

  (9) Resources required for implementation of the program.
• 10 U.S.C. § 2200h(a)(2)

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  (2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1).
• 10 U.S.C. § 2200h(a)(3)

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  (3) Criteria for an accredited civilian educational institution to participate in the program.
• 10 U.S.C. § 2200h(a)(8)

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  (8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense, in accordance with subsection (b).
• 10 U.S.C. § 2200h(a)(9)

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  (9) Resources required for implementation of the program.
• 10 U.S.C. § 2200h(b)(1)

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  (1) The head of an element of the Department of Defense that partners with an institution participating in the program may, without regard to the provisions of subchapter I of chapter 33 of title 5, appoint a member of the program to a position in such element for a term of one year.
• 10 U.S.C. § 2200h(b)(2)(A)(i)

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  (i) renew the appointment¹ a successful graduate of the program serving a one-year term under such paragraph until such graduate is appointed to a permanent position in such element, except that the appointment may not be renewed for more than a total of four one-year terms; and
• 10 U.S.C. § 2200h(b)(2)(C)

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  (C) The authority under this section may not be used for more than 60 graduates of the program in any calendar year.
• 10 U.S.C. § 2200j(1)

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  (1) The term “program” means the Defense Civilian Training Corps program established under section 2200g.
• 10 U.S.C. § 2200j(2)

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  (2) The term “member of the program” means a student at an accredited civilian educational institution who is enrolled in the program.
• 10 U.S.C. § 2203

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  To account for, and report, the cost of performance of readily identifiable functional programs and activities, with segregation of operating and capital programs, budget estimates of the Department of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner as the Secretary of Defense, subject to the authority and direction of the President, may prescribe. As far as practicable, budget estimates and authorized programs of the military departments shall be uniform and in readily comparable form. The budget for the Department of Defense submitted to Congress for each fiscal year shall include data projecting the effect of the appropriations requested for materiel readiness requirements. The Secretary of Defense shall provide that the budget justification documents for such budget include information on the number of employees of contractors estimated to be working on contracts of the Department of Defense during the fiscal year for which the budget is submitted. Such information shall be set forth in terms of employee-years or such other measure as will be uniform and readily comparable with civilian personnel of the Department of Defense.
• 10 U.S.C. § 2208(a)

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  (a) To control and account more effectively for the cost of programs and work performed in the Department of Defense, the Secretary of Defense may require the establishment of working-capital funds in the Department of Defense to—

  (1) finance inventories of such supplies as he may designate; and

  (2) provide working capital for such industrial-type activities, and such commercial-type activities that provide common services within or among departments and agencies of the Department of Defense, as he may designate.
• 10 U.S.C. § 2218(f)(3)(A)

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  (A) Notwithstanding the limitations under subsection (c)(1)(D) and paragraph (1), the Secretary of Defense may, as part of a program to recapitalize the Ready Reserve Force component of the national defense reserve fleet and the Military Sealift Command surge fleet, purchase any used vessel, regardless of where such vessel was constructed if such vessel—

  (i) participated in the Maritime Security Fleet; and

  (ii) is available for purchase at a reasonable cost, as determined by the Secretary.
• 10 U.S.C. § 2218(h)(1)

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  (1) the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national defense sealift vessels;
• 10 U.S.C. § 2218(h)(2)

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  (2) the amount requested for programs, projects, and activities for operation, maintenance, and lease or charter of national defense sealift vessels;
• 10 U.S.C. § 2218(h)(3)

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  (3) the amount requested for programs, projects, and activities for installation and maintenance of defense features for national defense purposes on privately owned and operated vessels that are constructed in the United States and documented under the laws of the United States; and
• 10 U.S.C. § 2218(h)(4)

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  (4) the amount requested for programs, projects, and activities for research and development relating to national defense sealift.
• 10 U.S.C. § 2218(k)(2)(A)

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  (A) A fast sealift ship, including any vessel in the Fast Sealift Program established under section 1424 of Public Law 101–510 (104 Stat. 1683).
• 10 U.S.C. § 2218a(c)(2)

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  (2) Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.
• 10 U.S.C. § 2218a(i)(2)

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  (2) In each annual budget request submitted to Congress, the Secretary shall clearly identify funds requested for critical components and the individual ships and programs for which such funds are requested.
• 10 U.S.C. § 2218a(j)

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  (j) Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
• 10 U.S.C. § 2219(a)(1)(B)

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  (B) a maritime training program designed to foster technical skills and operational productivity.
• 10 U.S.C. § 2219(a)(2)

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  (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.
• 10 U.S.C. § 2219(a)(4)(C)

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  (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.
• 10 U.S.C. § 2219(b)(2)(A)

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  (A) the need for the project or program proposed to be funded under the grant;
• 10 U.S.C. § 2219(b)(2)(B)

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  (B) the methodology to be used to implement the project or program; and
• 10 U.S.C. § 2219(b)(2)(C)

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  (C) any existing programs or arrangements that could be used to supplement or leverage a grant provided under this section; and
• 10 U.S.C. § 2219(b)(3)(A)

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  (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;
• 10 U.S.C. § 2219(b)(3)(D)

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  (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.
• 10 U.S.C. § 2219(d)(2)

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  (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.
• 10 U.S.C. § 2219(d)(2)(A)

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  (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
• 10 U.S.C. § 2220(a)

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  (a) The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
• 10 U.S.C. § 2222(e)(3)(B)(iii)

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  (iii) integrate budget, accounting, and program information and systems; and
• 10 U.S.C. § 2222(e)(6)(C)

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  (C) The Director of Cost Assessment and Program Evaluation shall have access to data for the purpose of executing missions as designated by the Secretary of Defense.
• 10 U.S.C. § 2222(g)(1)

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  (1) The Secretary shall ensure that a covered defense business system program cannot proceed into development (or, if no development is required, into production or fielding) unless the appropriate approval official (as specified in paragraph (2)) determines that—

  (A) the system has been, or is being, reengineered to be as streamlined and efficient as practicable, and the implementation of the system will maximize the elimination of unique software requirements and unique interfaces;

  (B) the system and business system portfolio are or will be in compliance with the defense business enterprise architecture developed pursuant to subsection (e) or will be in compliance as a result of modifications planned;

  (C) the system has valid, achievable requirements and a viable plan for implementing those requirements (including, as appropriate, market research, business process reengineering, and prototyping activities);

  (D) the system has an acquisition strategy designed to eliminate or reduce the need to tailor commercial off-the-shelf systems to meet unique requirements, incorporate unique requirements, or incorporate unique interfaces to the maximum extent practicable; and

  (E) the system is in compliance with the Department’s auditability requirements.
• 10 U.S.C. § 2222(g)(3)

  Go to provision →
  (3) For any fiscal year in which funds are expended for development or sustainment pursuant to a covered defense business system program, the appropriate approval official shall review the system and certify, certify with conditions, or decline to certify, as the case may be, that it continues to satisfy the requirements of paragraph (1). If the approval official determines that certification cannot be granted, the approval official shall notify the milestone decision authority for the program and provide a recommendation for corrective action.
• 10 U.S.C. § 2222(g)(4)

  Go to provision →
  (4) The obligation of Department of Defense funds for a covered defense business system program that has not been certified in accordance with paragraph (3) is a violation of section 1341(a)(1)(A) of title 31.
• 10 U.S.C. § 2222(h)

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  (h) The milestone decision authority for a covered defense business system program shall be responsible for the acquisition of such system and shall ensure that acquisition process approvals are not considered for such system until the relevant certifications and approvals have been made under this section.
• 10 U.S.C. § 2222(i)(2)

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  (2) The term “covered defense business system” means a defense business system that is expected to have a total amount of budget authority, over the period of the current future-years defense program submitted to Congress under section 221 of this title, in excess of $50,000,000.
• 10 U.S.C. § 2222(i)(4)

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  (4) The term “covered defense business system program” means a defense acquisition program to develop and field a covered defense business system or an increment of a covered defense business system.
• 10 U.S.C. § 2222(i)(5)(A)

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  (A) expected to have a total amount of budget authority over the period of the current future-years defense program submitted to Congress under section 221 of this title in excess of $250,000,000; or
• 10 U.S.C. § 2222(i)(5)(B)

  Go to provision →
  (B) designated by the Chief Information Officer of the Department of Defense as a priority defense business system, based on specific program analyses of factors including complexity, scope, and technical risk, and after notification to Congress of such designation.
• 10 U.S.C. § 2224(a)

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  (a) The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis.
• 10 U.S.C. § 2224(b)

  Go to provision →
  (b) The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure.
• 10 U.S.C. § 2224(c)

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  (c) In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following:

  (1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.

  (2) Development of essential information assurances technologies and programs.

  (3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.

  (4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.

  (5) The conduct of exercises, war games, simulations, experiments, and other activities designed to prepare the Department to respond to information warfare threats.

  (6) Development of proposed legislation that the Secretary considers necessary for implementing the program or for otherwise responding to the information warfare threat.
• 10 U.S.C. § 2224(c)(2)

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  (2) Development of essential information assurances technologies and programs.
• 10 U.S.C. § 2224(c)(6)

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  (6) Development of proposed legislation that the Secretary considers necessary for implementing the program or for otherwise responding to the information warfare threat.
• 10 U.S.C. § 2224(d)

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  (d) In carrying out the program, the Secretary shall coordinate, as appropriate, with the head of any relevant Federal agency and with representatives of those national critical information infrastructure systems that are essential to the operations of the Department and the armed forces on information assurance measures necessary to the protection of these systems.
• 10 U.S.C. § 2225(a)

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  (a) The Secretary of Defense shall establish a program for information sharing protection and insider threat mitigation for the information systems of the Department of Defense to detect unauthorized access to, use of, or transmission of classified or controlled unclassified information.
• 10 U.S.C. § 2225(b)

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  (b) The program established under subsection (a) shall include the following:

  (1) Technology solutions for deployment within the Department of Defense that allow for centralized monitoring and detection of unauthorized activities, including—

  (A) monitoring the use of external ports and read and write capability controls;

  (B) disabling the removable media ports of computers physically or electronically;

  (C) electronic auditing and reporting of unusual and unauthorized user activities;

  (D) using data-loss prevention and data-rights management technology to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information;

  (E) a roles-based access certification system;

  (F) cross-domain guards for transfers of information between different networks; and

  (G) patch management for software and security updates.

  (2) Policies and procedures to support such program, including special consideration for policies and procedures related to international and interagency partners and activities in support of ongoing operations in areas of hostilities.

  (3) A governance structure and process that integrates information security and sharing technologies with the policies and procedures referred to in paragraph (2). Such structure and process shall include—

  (A) coordination with the existing security clearance and suitability review process;

  (B) coordination of existing anomaly detection techniques, including those used in counterintelligence investigation or personnel screening activities; and

  (C) updating and expediting of the classification review and marking process.

  (4) A continuing analysis of—

  (A) gaps in security measures under the program; and

  (B) technology, policies, and processes needed to increase the capability of the program beyond the initially established full operating capability to address such gaps.

  (5) A baseline analysis framework that includes measures of performance and effectiveness.

  (6) A plan for how to ensure related security measures are put in place for other departments or agencies with access to Department of Defense networks.

  (7) A plan for enforcement to ensure that the program is being applied and implemented on a uniform and consistent basis.
• 10 U.S.C. § 2225(b)(2)

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  (2) Policies and procedures to support such program, including special consideration for policies and procedures related to international and interagency partners and activities in support of ongoing operations in areas of hostilities.
• 10 U.S.C. § 2225(b)(4)(A)

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  (A) gaps in security measures under the program; and
• 10 U.S.C. § 2225(b)(4)(B)

  Go to provision →
  (B) technology, policies, and processes needed to increase the capability of the program beyond the initially established full operating capability to address such gaps.
• 10 U.S.C. § 2225(b)(7)

  Go to provision →
  (7) A plan for enforcement to ensure that the program is being applied and implemented on a uniform and consistent basis.
• 10 U.S.C. § 2228(a)(3)(B)

  Go to provision →
  (B) have an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.
• 10 U.S.C. § 2228(b)(3)

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  (3) The Director shall review the programs and funding levels proposed by the Secretary of each military department during the annual internal Department of Defense budget review process as those programs and funding proposals relate to programs and funding for the prevention and mitigation of corrosion and shall submit to the Secretary of Defense recommendations regarding those programs and proposed funding levels.
• 10 U.S.C. § 2228(b)(5)(B)

  Go to provision →
  (B) to ensure that, to the extent determined appropriate for each acquisition program, such technologies and treatments are incorporated into that program, particularly during the engineering and design phases of the acquisition process.
• 10 U.S.C. § 2228(b)(6)

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  (6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program.
• 10 U.S.C. § 2228(c)(4)

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  (4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide.
• 10 U.S.C. § 2228(d)(2)(C)

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  (C) Implementation of programs, including supporting databases, to ensure that a focused and coordinated approach is taken throughout the Department of Defense to collect, review, validate, and distribute information on proven methods and products that are relevant to the prevention of corrosion of military equipment and infrastructure.
• 10 U.S.C. § 2228(d)(2)(D)

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  (D) Establishment of a coordinated research and development program for the prevention and mitigation of corrosion for new and existing military equipment and infrastructure that includes a plan to transition new corrosion prevention technologies into operational systems, including through the establishment of memoranda of agreement, joint funding agreements, public-private partnerships, university research and education centers, and other cooperative research agreements.
• 10 U.S.C. § 2228(e)(1)(F)

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  (F) For the fiscal year preceding the fiscal year covered by the report, a description of the specific amount of funds used for military corrosion projects, the Technical Corrosion Collaboration program, and other corrosion-related activities.
• 10 U.S.C. § 2228(e)(2)(B)

  Go to provision →
  (B) Not later than December 31 of each year, through December 31, 2020, the corrosion control and prevention executive of a military department shall submit to the Director of Corrosion Policy and Oversight a report containing recommendations pertaining to the corrosion control and prevention program of the military department. Such report shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section. The report required under this subparagraph shall—

  (i) provide a summary of key accomplishments, goals, and objectives of the corrosion control and prevention program of the military department; and

  (ii) include the performance measures used to ensure that the corrosion control and prevention program achieved the goals and objectives described in clause (i).
• 10 U.S.C. § 2228(e)(2)(B)(i)

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  (i) provide a summary of key accomplishments, goals, and objectives of the corrosion control and prevention program of the military department; and
• 10 U.S.C. § 2228(e)(2)(B)(ii)

  Go to provision →
  (ii) include the performance measures used to ensure that the corrosion control and prevention program achieved the goals and objectives described in clause (i).
• 10 U.S.C. § 2228(f)(6)

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  (6) The term “qualified training program” means a training program in corrosion control, mitigation, and prevention that is—

  (A) offered or accredited by an organization that sets industry corrosion standards; or

  (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.).
• 10 U.S.C. § 2228(f)(6)(B)

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  (B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.).
• 10 U.S.C. § 2229(a)(1)

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  (1) The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, support for crisis response elements, and the requirements of the combatant commands, and shall address how the Department’s prepositioning programs, both ground and afloat, align with national defense strategies and departmental priorities.
• 10 U.S.C. § 2229(a)(2)(B)

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  (B) A description of the Department’s vision for prepositioning programs and the desired end state.
• 10 U.S.C. § 2243(a)

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  (a) Subject to subsection (b), amounts appropriated to the Department of Defense for the operation of overseas defense dependents’ schools may be used by the Secretary of Defense to enable an overseas meal program to provide students enrolled in such a school with meals at a price equal to the average price paid by students for equivalent meals under a comparable public school meal program in the United States.
• 10 U.S.C. § 2243(b)

  Go to provision →
  (b) The authority provided by subsection (a) may be used only if the Secretary of Defense determines that Federal payments and commodities provided under section 20 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b) and section 20 of the Child Nutrition Act of 1966 (42 U.S.C. 1789) to support an overseas meal program are insufficient to provide meals under that program at a price for students equal to the average price paid by students for equivalent meals under a comparable public school meal program in the United States.
• 10 U.S.C. § 2243(c)

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  (c) In determining the average price paid by students in the United States for meals under a school meal program, the Secretary of Defense shall exclude free and reduced price meals provided pursuant to income guidelines.
• 10 U.S.C. § 2243(d)

  Go to provision →
  (d) In this section, the term “overseas meal program” means a program administered by the Secretary of Defense to provide breakfasts or lunches to students attending overseas defense dependents’ schools.
• 10 U.S.C. § 2246(b)(3)

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  (3) does not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;
• 10 U.S.C. § 2259(a)

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  (a) To encourage Department of Defense personnel assigned to duty, or employed, in poor air quality areas to use means other than single-occupancy motor vehicles to commute to or from the location of their duty assignments, the Secretary of Defense shall exercise the authority provided in section 7905 of title 5 to establish a program to provide a transit pass benefit under subsection (b)(2)(A) of that section for members of the Army, Navy, Air Force, Marine Corps, and Space Force who are assigned to duty, and to Department of Defense civilian officers and employees who are employed, in a poor air quality area.
• 10 U.S.C. § 2260(d)(1)(B)

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  (B) Costs of operating the licensing program under this section.
• 10 U.S.C. § 2263(b)(1)

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  (1) The term “common-funded budgets of NATO” means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).
• 10 U.S.C. § 2271(a)

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  (a) The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the Department of Defense are carried out through joint program offices.
• 10 U.S.C. § 2271(b)(1)(A)

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  (A) Army, Navy, and Marine Corps officers, as well as Air Force officers, are assigned to the space development and acquisition programs of the Department of Defense; and
• 10 U.S.C. § 2271(b)(1)(B)

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  (B) Army, Navy, and Marine Corps officers, as well as Air Force officers, are eligible, on the basis of qualification, to hold leadership positions within the joint program offices referred to in subsection (a).
• 10 U.S.C. § 2271a(a)

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  (a) The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the service acquisition executive for the Air Force for space systems and programs, shall maintain a list of contractors with a history of poor performance on space procurement contracts.
• 10 U.S.C. § 2273(b)(3)

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  (3) the availability of rapid, responsive, and reliable space launches for national security space programs to—

  (A) improve the responsiveness and flexibility of a national security space system;

  (B) lower the costs of launching a national security space system; and

  (C) maintain risks of mission success at acceptable levels.
• 10 U.S.C. § 2273a(a)

  Go to provision →
  (a) There is within the Space Force a program office known as the Space Rapid Capabilities Office (in this section referred to as the “Office”). The facilities of the Office may not be co-located with the headquarters facilities of the Space Force Space Systems Command.
• 10 U.S.C. § 2273a(e)(1)

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  (1) The Secretary of the Air Force shall ensure, within budget program elements for space programs, that—

  (A) there are separate, dedicated unclassified and classified program elements for space rapid capabilities; and

  (B) the Office executes the responsibilities of the Office through such program elements.
• 10 U.S.C. § 2273a(e)(1)(A)

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  (A) there are separate, dedicated unclassified and classified program elements for space rapid capabilities; and
• 10 U.S.C. § 2273a(e)(1)(B)

  Go to provision →
  (B) the Office executes the responsibilities of the Office through such program elements.
• 10 U.S.C. § 2273a(e)(2)

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  (2) The Office shall manage the program elements required by paragraph (1).
• 10 U.S.C. § 2275a(a)

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  (a) Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites under that program against the capabilities of adversaries to target, degrade, or destroy the satellites.
• 10 U.S.C. § 2275a(b)(1)

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  (1) The term “major satellite acquisition program” has the meaning given that term in section 2275 of this title.
• 10 U.S.C. § 2275b(a)

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  (a) 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.
• 10 U.S.C. § 2275c(a)

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  (a) The Assistant Secretary of the Air Force for Space Acquisitions and Integration, acting as the service acquisition executive for the Air Force for space systems and programs, may not authorize a launch associated with a Space Force satellite acquisition program unless—

  (1) the associated ground systems and modifications are completed and ready for operation at the time of the launch; and

  (2) the applicable satellite capabilities may be used on completion of the launch.
• 10 U.S.C. § 2277(a)

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  (a) With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
• 10 U.S.C. § 2279b(e)(2)

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  (2) A description of the activities proposed to be undertaken by the Council during the period covered by the current future-years defense program under section 221 of this title.
• 10 U.S.C. § 2279b(e)(4)

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  (4) A breakdown of each program element in such budget that relates to the Department of Defense positioning, navigation, and timing enterprise, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of such enterprise.
• 10 U.S.C. § 2284(a)

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  (a) The Secretary of Defense shall carry out a program to be known as the “Explosive Ordnance Disposal Defense Program” (in this section referred to as the “Program”) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.
• 10 U.S.C. § 2284(b)(1)(A)

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  (A) assign the responsibility for the direction, coordination, and integration of the Program within the Department of Defense to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and
• 10 U.S.C. § 2284(b)(1)(B)

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  (B) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense responsible for providing oversight of the training and technology program that coordinates and integrates joint requirements for explosive ordnance disposal, provides common individual training, and carries out joint research, development, test, and evaluation activities for common tools on behalf of the military departments with respect to explosive ordnance disposal;
• 10 U.S.C. § 2284(b)(2)

  Go to provision →
  (2) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall serve as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities;
• 10 U.S.C. § 2284(b)(3)(E)

  Go to provision →
  (E) the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs on explosive ordnance disposal for combating weapons of mass destruction;
• 10 U.S.C. § 2284(b)(5)

  Go to provision →
  (5) the Secretary of the Army shall designate an Army explosive ordnance disposal-qualified general officer to serve as the co-chair of the Department of Defense explosive ordnance disposal defense program.
• 10 U.S.C. § 2285(a)

  Go to provision →
  (a) The programs, practices, and activities carried out pursuant to this section shall be known collectively as the “Climate Resilience Infrastructure Initiative of the Department of Defense”.
• 10 U.S.C. § 2285(e)(2)

  Go to provision →
  (2) The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1).
• 10 U.S.C. § 2285(e)(3)

  Go to provision →
  (3) The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term.
• 10 U.S.C. § 2285(f)

  Go to provision →
  (f) The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.
• 10 U.S.C. § 2349(a)

  Go to provision →
  (a) A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of Defense located outside the United States to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program.
• 10 U.S.C. § 2350a(d)(2)

  Go to provision →
  (2) A country or organization referred to in subsection (a)(2) may not use any military or economic assistance grant, loan, or other funds provided by the United States for the purpose of making the contribution of that country or organization to a cooperative research and development program entered into with the United States under this section.
• 10 U.S.C. § 2350a(e)(2)(C)

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  (C) An assessment of the advantages and disadvantages with regard to program timing, developmental and life cycle costs, technology sharing, and Rationalization, Standardization, and Interoperability (RSI) of seeking to structure a cooperative development program with one or more countries and organizations referred to in subsection (a)(2) or NATO organizations.
• 10 U.S.C. § 2350a(e)(2)(D)

  Go to provision →
  (D) A recommendation to the milestone decision authority as to whether the Department of Defense should explore the feasibility and desirability of a cooperative development program with one or more countries and organizations referred to in subsection (a)(2) or NATO organizations.
• 10 U.S.C. § 2350a(h)

  Go to provision →
  (h) The Secretary of Defense shall encourage member nations of the North Atlantic Treaty Organization, major non-NATO allies, and other friendly foreign countries to establish programs similar to the one provided for in this section.
• 10 U.S.C. § 2350a(i)(1)

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  (1) The term “cooperative research and development project” means a project involving joint participation by the United States and one or more countries and organizations referred to in subsection (a)(2) under a memorandum of understanding (or other formal agreement) to carry out a joint research and development program—

  (A) to develop new conventional defense equipment and munitions; or

  (B) to modify existing military equipment to meet United States military requirements.
• 10 U.S.C. § 2350e(a)(1)

  Go to provision →
  (1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:

  (A) Auditing.

  (B) Quality assurance.

  (C) Codification.

  (D) Inspection.

  (E) Contract administration.

  (F) Acceptance testing.

  (G) Certification services.

  (H) Planning, programming, and management services.
• 10 U.S.C. § 2350e(a)(3)

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  (3) In connection with that Program, assume contingent liability for—

  (A) program losses resulting from the gross negligence of any contracting officer of the United States;

  (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and

  (C) the United States share of the unfunded termination liability.
• 10 U.S.C. § 2350e(a)(3)(A)

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  (A) program losses resulting from the gross negligence of any contracting officer of the United States;
• 10 U.S.C. § 2350e(a)(3)(B)

  Go to provision →
  (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and
• 10 U.S.C. § 2350g(b)

  Go to provision →
  (b) Property, services, or supplies referred to in subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property, services, and supplies may not be used in connection with any program, project, or activity if the use of such property, services, or supplies would result in the violation of any prohibition or limitation otherwise applicable to that program, project, or activity.
• 10 U.S.C. § 2350i(b)(3)

  Go to provision →
  (3) Payments or reimbursements of other program expenses, including program office overhead and administrative costs.
• 10 U.S.C. § 2350m(a)(1)

  Go to provision →
  (1) The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in the Surface Exchange of Services program (in this section referred to as the “SEOS program”) of the Movement Coordination Centre Europe.
• 10 U.S.C. § 2350m(a)(2)

  Go to provision →
  (2) Participation of the Department of Defense in the SEOS program under paragraph (1) may include—

  (A) the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in-kind; and

  (B) the exchange of surface transportation services of an equal value.
• 10 U.S.C. § 2350m(b)(1)

  Go to provision →
  (1) Participation of the Department of Defense in the SEOS program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe.
• 10 U.S.C. § 2350m(b)(3)

  Go to provision →
  (3) If Department of Defense facilities, equipment, or funds are used to support the SEOS program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
• 10 U.S.C. § 2350m(b)(4)

  Go to provision →
  (4) Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits or liability resulting from an unequal exchange or transfer of surface transportation services shall be liquidated through the SEOS program not less than once every five years.
• 10 U.S.C. § 2350m(c)(1)

  Go to provision →
  (1) pay the equitable share of the Department of Defense for the operating expenses of the Movement Coordination Centre Europe and the SEOS program from funds available to the Department of Defense for operation and maintenance; and
• 10 U.S.C. § 2350m(d)

  Go to provision →
  (d) Any amount received by the Department of Defense as part of the SEOS program shall be credited, at the option of the Secretary of Defense, to—

  (1) the appropriation, fund, or account used in incurring the obligation for which such amount is received; or

  (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
• 10 U.S.C. § 2350m(e)(1)

  Go to provision →
  (1) Not later than 30 days after the end of each fiscal year in which the authority under this section is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense participation in the SEOS program during such fiscal year.
• 10 U.S.C. § 2350m(e)(2)(A)

  Go to provision →
  (A) A description of the equitable share of the costs and activities of the SEOS program paid by the Department of Defense.
• 10 U.S.C. § 2350m(e)(2)(B)

  Go to provision →
  (B) A description of any amount received by the Department of Defense as part of such program, including the country from which the amount was received.
• 10 U.S.C. § 2350o(a)(1)

  Go to provision →
  (1) The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in programs relating to the coordination or exchange of air refueling and air transportation services, including in the arrangement known as the Air Transport and Air-to-Air Refueling and other Exchanges of Services program (in this section referred to as the “ATARES program”).
• 10 U.S.C. § 2350o(a)(2)

  Go to provision →
  (2) Participation of the Department of Defense in programs referred to in paragraph (1) may include—

  (A) the reciprocal exchange or transfer of air refueling and air transportation services on a reimbursable basis or by replacement-in-kind; and

  (B) the exchange of air refueling and air transportation services of an equal value.
• 10 U.S.C. § 2350o(a)(3)(A)

  Go to provision →
  (A) The Department of Defense balance of executed flight hours in participation in the ATARES program under paragraph (1), whether as credits or debits, may not exceed a total of 500 hours.
• 10 U.S.C. § 2350o(a)(3)(B)

  Go to provision →
  (B) The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph (1) may not exceed 200 hours.
• 10 U.S.C. § 2350o(b)

  Go to provision →
  (b) Participation of the Department of Defense in a program referred to in subsection (a)(1) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
• 10 U.S.C. § 2350o(c)(1)

  Go to provision →
  (1) pay the equitable share of the Department of Defense for the recurring and nonrecurring costs of the applicable program referred to in subsection (a)(1) from funds available to the Department for operation and maintenance; and
• 10 U.S.C. § 2350q(a)

  Go to provision →
  (a) When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program (in this section referred to as the “Program”), the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section.
• 10 U.S.C. § 2350q(b)(2)

  Go to provision →
  (2) appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program; or
• 10 U.S.C. § 2350q(c)(3)(A)(ii)

  Go to provision →
  (ii) the appropriations for the Program, if the appropriations described in clause (i) have expired.
• 10 U.S.C. § 2350q(e)(1)

  Go to provision →
  (1) In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may fund such costs, and undertake such conjunctively funded requirements not otherwise authorized by law, using any unobligated funds available among funds appropriated for the Program for military construction.
• 10 U.S.C. § 2350q(e)(2)

  Go to provision →
  (2) The use of funds under paragraph (1) from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used.
• 10 U.S.C. § 2350r(b)(5)

  Go to provision →
  (5) to promote interoperability through the development of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and training program.
• 10 U.S.C. § 2391(b)(1)

  Go to provision →
  (1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the encroachment of a civilian community on a military installation, (E) by threats to military installation resilience, (F) by the closure or the significantly reduced operations of a defense facility as the result of the merger, acquisition, or consolidation of the defense contractor operating the defense facility, or (G) by any action of the Department of Defense that negatively affects a covered depot (as such term is defined in section 2476(f) of this title), if the Secretary determines that an action described in clause (A), (B), (C), (F), or (G) is likely to have a direct and significantly adverse consequence on the affected community or, in the case of an action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience is likely to impair the continued operational utility of the military installation.
• 10 U.S.C. § 2391(b)(4)(A)

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  (A) In the case of a State or local government eligible for assistance under paragraph (1), the Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the State or local government to carry out a community adjustment and economic diversification program (including State industrial extension or modernization efforts to facilitate the economic diversification of defense contractors and subcontractors) in addition to planning such a program.
• 10 U.S.C. § 2391(b)(4)(B)

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  (B) The Secretary shall establish criteria for the selection of community adjustment and economic diversification programs to receive assistance under subparagraph (A). Such criteria shall include a requirement that the State or local government agree—

  (i) to provide not less than 10 percent of the funding for the program from non-Federal sources;

  (ii) to provide business planning and market exploration services under the program to defense contractors and subcontractors that seek modernization or diversification assistance; and

  (iii) to provide training, counseling, and placement services for members of the armed forces and dislocated defense workers.
• 10 U.S.C. § 2391(b)(4)(B)(i)

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  (i) to provide not less than 10 percent of the funding for the program from non-Federal sources;
• 10 U.S.C. § 2391(b)(4)(B)(ii)

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  (ii) to provide business planning and market exploration services under the program to defense contractors and subcontractors that seek modernization or diversification assistance; and
• 10 U.S.C. § 2391(b)(6)

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  (6) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1).
• 10 U.S.C. § 2391(b)(7)(B)

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  (B) Before the end of the 30-day period beginning on such date, in the case of an application for assistance to carry out a community adjustments and economic diversifications program.
• 10 U.S.C. § 2391(d)(1)(A)

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  (A) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist State governments, local governments, and not-for-profit, member-owned utility services to address deficiencies in community infrastructure supportive of a military installation.
• 10 U.S.C. § 2391(d)(1)(B)(iv)

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  (iv) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.
• 10 U.S.C. § 2392(a)

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  (a) The Secretary of the Air Force (or a designee) shall not make any basing decision during the resource allocation plan or program objective memorandum process.
• 10 U.S.C. § 2392(f)

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  (f) In this section, the terms “enterprise definition”, “program objective memorandum process”, “resource allocation plan”, “strategic basing action”, “strategic basing executive steering group”, and “strategic basing panel” have the meanings given, respectively, under the Department of the Air Force Instruction 10–503 (issued June 12, 2023, as in effect on November 1, 2024).
• 10 U.S.C. § 2451(a)

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  (a) The Secretary of Defense shall develop a single catalog system and related program of standardizing supplies for the Department of Defense.
• 10 U.S.C. § 2452(1)

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  (1) develop and maintain the supply catalog, and the standardization program, described in section 2451 of this title;
• 10 U.S.C. § 2452(4)

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  (4) maintain liaison with industry advisory groups to coordinate the development of the supply catalog and the standardization program with the best practices of industry and to obtain the fullest practicable cooperation and participation of industry in developing the supply catalog and the standardization program;
• 10 U.S.C. § 2452(6)

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  (6) assign responsibility for parts of the cataloging and the standardization programs to the military departments, bureaus, and services within the Department of Defense, when practical and consistent with their capacity and interest in those supplies;
• 10 U.S.C. § 2452(8)

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  (8) make final decisions in all matters concerned with the cataloging and standardization programs.
• 10 U.S.C. § 2454(a)

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  (a) After any part of the supply catalog described in section 2451 of this title is distributed, and with respect to the kinds of items covered by that part, only the items listed in it may be procured for recurrent use in the Department of Defense. However, a military department may acquire any new item that is necessary to carry out its mission. As soon as such an item is acquired, it shall be submitted to the Secretary for inclusion in the catalog and the standardization program.
• 10 U.S.C. § 2460(b)(1)

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  (1) The term does not include the procurement of major modifications or upgrades of weapon systems that are designed to improve program performance or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul. A major upgrade program covered by this exception could continue to be performed by private or public sector activities.
• 10 U.S.C. § 2461a(b)

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  (b) In preparing the future-years defense program under section 221 of this title, the Secretary of Defense shall, for the fiscal years covered by the program, estimate and take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in public-private competitions conducted under section 2461 of this title. The Secretary shall consider the results of the monitoring under this section in making the estimates.
• 10 U.S.C. § 2464(a)(3)

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  (3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial products or commercial services described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under section 153(a) of this title.
• 10 U.S.C. § 2473(b)(2)

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  (2) The estimated costs of necessary depot infrastructure improvements and a description of how such costs would be addressed by the Department of Defense budget request submitted during the same year as the plan and the applicable future-years defense program.
• 10 U.S.C. § 2474(a)(3)

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  (3) The Secretary of a military department may conduct a pilot program, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Secretary determines could improve the efficiency and effectiveness of operations at Centers of Industrial and Technical Excellence, improve the support provided by the Centers for the armed forces user of the services of the Centers, and enhance readiness by reducing the time that it takes to repair equipment.
• 10 U.S.C. § 2474(b)(3)

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  (3) If the Secretary concerned, or the Secretary of Defense in the case of a Defense Agency, authorizes the use of public-private partnerships under this subsection, the Secretary shall submit to Congress a report evaluating the need for loan guarantee authority, similar to the ARMS Initiative loan guarantee program under section 7555 of this title, to facilitate the establishment of public-private partnerships and the achievement of the objectives set forth in paragraph (2).
• 10 U.S.C. § 2481(c)(4)(D)

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  (D) the status of carrying out a program for such system to sell private label merchandise; and
• 10 U.S.C. § 2483(c)

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  (c) Amounts appropriated to cover the expenses of operating the Defense Commissary Agency and the defense commissary system may be supplemented with additional funds from manufacturers’ coupon redemption fees, handling fees for tobacco products, and other amounts received as reimbursement for other support activities provided by commissary activities. Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable pricing program implemented pursuant to section 2484(i) of this title.
• 10 U.S.C. § 2484(h)(6)(B)

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  (B) the variable pricing program implemented pursuant to subsection (i).
• 10 U.S.C. § 2484(i)(1)

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  (1) Notwithstanding subsection (e), and subject to subsection (k), the Secretary of Defense may establish a variable pricing program pursuant to which prices may be established in response to market conditions and customer demand, in accordance with the requirements of this subsection. Notwithstanding the amount of the uniform surcharge assessed in subsection (d), the Secretary may provide for an alternative surcharge of not more than five percent of sales proceeds under the variable pricing program to be made available for the purposes specified in subsection (h).
• 10 U.S.C. § 2484(i)(2)

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  (2) Subject to subsection (k), before establishing a variable pricing program under this subsection, the Secretary shall establish the following:

  (A) Specific, measurable benchmarks for success in the provision of high quality grocery merchandise, discount savings to patrons, and levels of customer satisfaction while achieving savings for the Department of Defense.

  (B) A baseline of overall savings to patrons achieved by commissary stores prior to the initiation of the variable pricing program, based on a comparison of prices charged by those stores on a regional basis with prices charged by relevant local competitors for a representative market basket of goods.
• 10 U.S.C. § 2484(i)(2)(B)

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  (B) A baseline of overall savings to patrons achieved by commissary stores prior to the initiation of the variable pricing program, based on a comparison of prices charged by those stores on a regional basis with prices charged by relevant local competitors for a representative market basket of goods.
• 10 U.S.C. § 2484(i)(3)

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  (3) The Secretary shall ensure that the defense commissary system implements the variable pricing program by conducting price comparisons using the methodology established for paragraph (2)(B) and adjusting pricing as necessary to ensure that pricing in the variable pricing program achieves overall savings to patrons that are consistent with the baseline savings established for the relevant region pursuant to such paragraph.
• 10 U.S.C. § 2484(j)(1)

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  (1) Subject to subsection (k), if the Secretary of Defense determines that the variable pricing program has met the benchmarks for success established pursuant to paragraph (2)(A) of subsection (i) and the savings requirements established pursuant to paragraph (3) of such subsection over a period of at least six months, the Secretary may convert the defense commissary system to a nonappropriated fund entity or instrumentality, with operating expenses financed in whole or in part by receipts from the sale of products and the sale of services. Upon such conversion, appropriated funds shall be transferred to the defense commissary system only in accordance with paragraph (2) or section 2491 of this title. The requirements of section 2483 of this title shall not apply to the defense commissary system operating as a nonappropriated fund entity or instrumentality.
• 10 U.S.C. § 2484(j)(3)(B)

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  (B) The status and conversion of employees in a position identified by the Secretary under subparagraph (A) shall be addressed as provided in section 2491(c) of this title for employees in morale, welfare, and recreation programs, including with respect to requiring the consent of such employee to be so converted.
• 10 U.S.C. § 2484(k)(2)(B)

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  (B) Establishing the variable pricing program under subsection (i)(1).
• 10 U.S.C. § 2485(h)(2)(B)

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  (B) Business programs, systems, and applications (including software) relating to commissary operations that were developed with funding derived from commissary surcharges.
• 10 U.S.C. § 2485(h)(3)(D)

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  (D) The Secretary of Defense may, by contract entered into with a business, grant to the business a license to use business programs referred to in paragraph (2)(B), including software used in or comprising any such program. The fee charged for the license shall be based on the costs of similar programs developed and marketed by businesses in the private sector, determined by means of surveys.
• 10 U.S.C. § 2491(a)

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  (a) Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense and available for morale, welfare, and recreation programs may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditures of nonappropriated funds. When made available for morale, welfare, and recreation programs under such regulations, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
• 10 U.S.C. § 2491(b)

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  (b) Funds appropriated to the Department of Defense may be made available to support a morale, welfare, or recreation program only if the program is authorized to receive appropriated fund support and only in the amounts the program is authorized to receive.
• 10 U.S.C. § 2491(c)(1)

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  (1) The Secretary of Defense may identify positions of employees in morale, welfare, and recreation programs within the Department of Defense who are paid with appropriated funds whose status may be converted from the status of an employee paid with appropriated funds to the status of an employee of a nonappropriated fund instrumentality.
• 10 U.S.C. § 2495b(c)(2)(A)

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  (A) The Secretary of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system.
• 10 U.S.C. § 2496(a)(2)

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  (2) from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
• 10 U.S.C. § 2557(a)(2)

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  (2) The Secretary of Defense may make excess clothing, shoes, sleeping bags, and related nonlethal excess supplies available to the Secretary of Veterans Affairs for distribution to homeless veterans and programs assisting homeless veterans. The transfer of nonlethal excess supplies to the Secretary of Veterans Affairs under this paragraph shall be without reimbursement.
• 10 U.S.C. § 2561(c)(1)

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  (1) If the Secretary of Defense uses the authority under subsection (a) to provide assistance for any program or activity in an amount in excess of $5,000,000, the Secretary shall provide to the congressional committees specified in subsection (g) notice in writing of the use of such authority in accordance with paragraph (2). Notice under this subsection shall include an identification of each of the following:

  (A) The amount, type, and purpose of assistance to be provided and the recipient of the assistance.

  (B) The goals and objectives of the assistance.

  (C) The number and role of any members of the Armed Forces involved in the provision of the assistance.

  (D) Any other information the Secretary determines is relevant.
• 10 U.S.C. § 2564(c)(4)

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  (4) A sporting event sanctioned by the United States Olympic Committee through the Paralympic Military Program.
• 10 U.S.C. § 2564a(a)(1)

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  (1) The Secretary of Defense may establish a military adaptive sports program to support the provision of adaptive sports programming for—

  (A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and

  (B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran’s date of separation, who—

  (i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;

  (ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and

  (iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.
• 10 U.S.C. § 2564a(a)(1)(B)(iii)

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  (iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.
• 10 U.S.C. § 2564a(a)(2)

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  (2) In establishing the military adaptive sports program, the Secretary of Defense shall—

  (A) consult with the Secretary of Veterans Affairs; and

  (B) avoid duplicating programs conducted by the Secretary of Veterans Affairs under section 521A of title 38.
• 10 U.S.C. § 2564a(a)(2)(B)

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  (B) avoid duplicating programs conducted by the Secretary of Veterans Affairs under section 521A of title 38.
• 10 U.S.C. § 2564a(b)(1)

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  (1) Under such criteria as the Secretary of Defense may establish under the military adaptive sports program, the Secretary may award grants to, or enter into contracts and cooperative agreements with, entities for the purpose of planning, developing, managing, and implementing adaptive sports programming for members and veterans described in subsection (a).
• 10 U.S.C. § 2564a(c)

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  (c) Assistance provided under the military adaptive sports program shall be used—

  (1) for the purposes specified in subsection (b); and

  (2) for such related activities and expenses as the Secretary of Defense may authorize.
• 10 U.S.C. § 2567(b)(2)

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  (2) The term “WIC office” means a local agency (as defined in subsection (b)(6) of section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)) that participates in the special supplemental nutrition program for women, infants, and children under such section.
• 10 U.S.C. § 2571(d)

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  (d) No agency or official of the executive branch of the Federal Government may establish any regulation, program, or policy or take any other action which precludes, directly or indirectly, the Secretaries concerned from exercising the authority provided in this section.
• 10 U.S.C. § 2572(b)(1)(E)

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  (E) Educational programs.
• 10 U.S.C. § 2577(a)(1)

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  (1) The Secretary of Defense shall prescribe regulations to provide for the sale of recyclable materials held by a military department or defense agency and for the operation of recycling programs at military installations. Such regulations shall include procedures for the designation by the Secretary of a military department (or by the Secretary of Defense with respect to facilities of a defense agency) of military installations that have established a qualifying recycling program for the purposes of subsection (b)(2).
• 10 U.S.C. § 2577(b)(2)

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  (2) If after such funds are credited a balance remains available to a military installation and such installation has a qualifying recycling program (as determined by the Secretary of the military department concerned or the Secretary of Defense), not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy conservation, and occupational safety and health activities. A project may not be carried out under the preceding sentence for an amount greater than 50 percent of the amount established by law as the maximum amount for a minor construction project.
• 10 U.S.C. § 2601(a)(2)(A)

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  (A) Notwithstanding section 1342 of title 31, the Secretary concerned may accept a gift of services for a military museum program or a professional military education institution from a nonprofit entity established for the purpose of supporting a military museum program or a professional military education institution. Employees or personnel of a nonprofit entity who provide a gift of services under this subparagraph may not be considered to be employees of the United States.
• 10 U.S.C. § 2601(a)(2)(B)

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  (B) For the use and benefit of a military museum program, the Secretary concerned may solicit from a bona fide collector a gift of books, manuscripts, works of art, historical artifacts, drawings, plans, models, or condemned or obsolete combat materiel.
• 10 U.S.C. § 2601(d)(2)(A)

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  (A) if the use of the property or money or the performance of the services in connection with any program, project, or activity would result in the violation of any prohibition or limitation otherwise applicable to such program, project, or activity;
• 10 U.S.C. § 2601(d)(2)(D)

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  (D) if the Secretary concerned determines that the use of the property or money or the performance of the services would compromise the integrity or appearance of integrity of any program of the Department of Defense or Coast Guard, or any individual involved in such a program.
• 10 U.S.C. § 2601a(b)(3)

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  (3) that results in enrollment in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note); or
• 10 U.S.C. § 2608(f)

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  (f) Property accepted under subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property may not be used in connection with any program, project, or activity if the use of such property would result in the violation of any prohibition or limitation otherwise applicable to such program, project, or activity.
• 10 U.S.C. § 2610(a)

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  (a) The Secretary of Defense may accept a monetary award given to the Department of Defense by a nongovernmental entity as a result of the participation of the Department in a competition carried out to recognize excellence or innovation in providing services or administering programs.
• 10 U.S.C. § 2611(c)(2)

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  (2) the integrity of any program of the Department, or of any person involved in such a program.
• 10 U.S.C. § 2615(a)(1)

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  (1) a military museum program; or
• 10 U.S.C. § 2615(a)(2)

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  (2) the support of a military educational institution program.
• 10 U.S.C. § 2635(b)

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  (b) No individual (or his estate) who is authorized by the Department of Defense to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services.
• 10 U.S.C. § 2636b(a)(2)

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  (2) Overseeing the adjudication of any claim filed with respect to the defense personal property program (including the adjudication of such claims under section 2636(a) of this title or section 3721 of title 31) and any other matter relating to such program.
• 10 U.S.C. § 2636b(c)

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  (c) In this section, the term “defense personal property program” means the program of the Department of Defense for managing the shipment of the baggage and household effects for members of the armed forces or civilian employees of the Department, or any such successor program.
• 10 U.S.C. § 2641b(a)(1)

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  (1) The Secretary of Defense may establish a program (in this section referred to as the “travel program”) to provide transportation on Department of Defense aircraft on a space-available basis to the categories of individuals eligible under subsection (c).
• 10 U.S.C. § 2641b(a)(2)

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  (2) If the Secretary makes a determination to establish the travel program, the Secretary shall prescribe regulations for the operation of the travel program not later than one year after the date on which the determination was made. The regulations shall take effect on that date or such earlier date as the Secretary shall specify in the regulations.
• 10 U.S.C. § 2641b(a)(3)

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  (3) Not later than 30 days after making the determination to establish the travel program, the Secretary shall submit to the congressional defense committees an initial implementation report describing—

  (A) the basis for the determination;

  (B) any additional categories of individuals to be eligible for the travel program under subsection (c)(6);

  (C) how the Secretary will ensure that the travel program is established and operated in compliance with the conditions specified in subsection (b); and

  (D) the metrics by which the Secretary will monitor the travel program to determine the efficient and effective execution of the travel program.
• 10 U.S.C. § 2641b(a)(3)(B)

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  (B) any additional categories of individuals to be eligible for the travel program under subsection (c)(6);
• 10 U.S.C. § 2641b(a)(3)(C)

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  (C) how the Secretary will ensure that the travel program is established and operated in compliance with the conditions specified in subsection (b); and
• 10 U.S.C. § 2641b(a)(3)(D)

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  (D) the metrics by which the Secretary will monitor the travel program to determine the efficient and effective execution of the travel program.
• 10 U.S.C. § 2641b(b)(1)

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  (1) The Secretary of Defense shall operate the travel program in a budget-neutral manner.
• 10 U.S.C. § 2641b(b)(2)

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  (2) No additional funds may be used, or flight hours performed, for the purpose of providing transportation under the travel program.
• 10 U.S.C. § 2641b(c)

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  (c) Subject to subsection (d), the Secretary of Defense shall provide transportation under the travel program (if established) to the following categories of individuals:

  (1) Members of the armed forces on active duty.

  (2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card.

  (3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, 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) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.

  (5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Secretary shall specify in the regulations under subsection (a), under such conditions and circumstances as the Secretary shall specify in such regulations.

  (6) Such other categories of individuals as the Secretary, in the discretion of the Secretary, considers appropriate.
• 10 U.S.C. § 2641b(d)

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  (d) In operating the travel program, the Secretary of Defense shall—

  (1) in the sole discretion of the Secretary, establish an order of priority for transportation under the travel program for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;

  (2) give priority in consideration of transportation under the travel program to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and

  (3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the travel program to one or more categories of otherwise eligible individuals if considered necessary by the Secretary.
• 10 U.S.C. § 2641b(d)(1)

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  (1) in the sole discretion of the Secretary, establish an order of priority for transportation under the travel program for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;
• 10 U.S.C. § 2641b(d)(2)

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  (2) give priority in consideration of transportation under the travel program to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and
• 10 U.S.C. § 2641b(d)(3)

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  (3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the travel program to one or more categories of otherwise eligible individuals if considered necessary by the Secretary.
• 10 U.S.C. § 2641b(e)(1)

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  (1) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary of Defense shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 traveling on environmental and morale leave.
• 10 U.S.C. § 2641b(e)(5)

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  (5) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (1) to individuals covered by this subsection applies whether or not the travel program is established under this section.
• 10 U.S.C. § 2641b(g)

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  (g) The authority to provide transportation under the travel program is in addition to any other authority under law to provide transportation on Department of Defense aircraft on a space-available basis.
• 10 U.S.C. § 2646(b)(3)(B)

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  (B) For amounts relating to sales for unofficial travel, deposit in nonappropriated fund accounts available for morale, welfare, and recreation programs.
• 10 U.S.C. § 2667(b)(6)

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  (6) except as otherwise provided in subsection (d), shall require the lessee to provide the covered entities specified in paragraph (1) of that subsection the right to establish and operate a community support facility or provide community support services, or seek equitable compensation for morale, welfare, and recreation programs of the Department of Defense in lieu of the operation of such a facility or the provision of such services, if the Secretary determines that the lessee will provide merchandise or services in direct competition with covered entities through the lease;
• 10 U.S.C. § 2667(e)(3)

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  (3) Money rentals received by the United States directly from a lease under this section for agricultural or grazing purposes of lands under the control of the Secretary concerned (other than lands acquired by the United States for flood control or navigation purposes or any related purpose, including the development of hydroelectric power) may be retained and spent by the Secretary concerned in such amounts as the Secretary considers necessary to cover the administrative expenses of leasing for such purposes and to cover the financing of multiple-land use management programs at any installation under the jurisdiction of the Secretary.
• 10 U.S.C. § 2667(h)(3)(A)

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  (A) Use of the ship is restricted to federally supported research programs and to non-Federal uses under specific conditions with approval by the Secretary of the Navy.
• 10 U.S.C. § 2668(a)(8)

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  (8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;
• 10 U.S.C. § 2679(e)(1)

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  (1) Each Secretary concerned shall conduct a pilot program under which the Secretary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this section an amount equal to not less than 25 percent of the amount of such cost savings for that military installation for a fiscal year.
• 10 U.S.C. § 2679(e)(3)

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  (3) With respect to each military installation for which amounts are made available to the installation commander under paragraph (1), the Secretary concerned shall certify, not less frequently than annually for each fiscal year of the pilot program, to the congressional defense committees the following:

  (A) The name of the installation and the amount of the cost savings achieved at the installation.

  (B) The source and type of intergovernmental support agreement that achieved the cost savings.

  (C) The amount of the cost savings made available to the installation commander under paragraph (1).

  (D) The sustainment restoration and modernization purposes for which the amount made available under paragraph (1) were used.
• 10 U.S.C. § 2679(e)(4)

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  (4) The authority to conduct the pilot program shall expire September 30, 2030.
• 10 U.S.C. § 2684a(e)(4)(E)(i)

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  (i) The provision of funds, including funds received by such entity or entities from a Federal agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program.
• 10 U.S.C. § 2684a(i)

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  (i) In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect the environment, military installation resilience, and military readiness, the recipient of funds provided pursuant to an agreement under this section or under the Sikes Act (16 U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal agency notwithstanding any limitation of such program on the source of matching or cost-sharing funds.
• 10 U.S.C. § 2687a(e)(1)(C)

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  (C) A certification that the project is included in the current future-years defense program.
• 10 U.S.C. § 2693(a)

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  (a) The Secretary of Defense, in coordination with the Secretary of Agriculture, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the program, may establish and carry out a program to preserve and restore sentinel landscapes. The program shall be known as the “Sentinel Landscapes Partnership”.
• 10 U.S.C. § 2693(d)

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  (d) In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance program administered by that Secretary or head. Participation by an eligible owner or manager of land in any such program pursuant to this section shall be voluntary.
• 10 U.S.C. § 2693(e)

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  (e) Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to—

  (1) participate in the activities of the Sentinel Landscapes Partnership; and

  (2) become full partners in the Sentinel Landscapes Partnership.
• 10 U.S.C. § 2694(a)

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  (a) The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b).
• 10 U.S.C. § 2694(b)(1)

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  (1) A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity—

  (A) that has regional or Department of Defense-wide significance and that involves more than one military department or involves a sentinel landscape;

  (B) that is necessary to meet legal requirements or to support military operations or that would contribute to maintaining or improving military installation resilience;

  (C) that can be more effectively managed at the Department of Defense level; and

  (D) for which no executive agency has been designated responsible by the Secretary.
• 10 U.S.C. § 2694(c)

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  (c) The Secretary may negotiate and enter into cooperative agreements with public and private agencies, organizations, institutions, individuals, or other entities to carry out the program established under subsection (a).
• 10 U.S.C. § 2694b(a)

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  (a) The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any successor administrative guidance or regulation.
• 10 U.S.C. § 2694b(b)

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  (b) Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.
• 10 U.S.C. § 2694b(c)

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  (c) Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.
• 10 U.S.C. § 2694c(a)

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  (a) Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with—

  (1) the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);

  (2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);

  (3) the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or

  (4) any successor or related administrative guidance or regulation.
• 10 U.S.C. § 2694c(b)

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  (b) Payments to a conservation banking program or “in-lieu-fee” mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:

  (1) Military testing, operations, training, or other military activity.

  (2) Military construction.
• 10 U.S.C. § 2694c(c)

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  (c) Payments made under subsection (a) to a conservation banking program or “in-lieu-fee” mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.
• 10 U.S.C. § 2694d(a)

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  (a) The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
• 10 U.S.C. § 2694d(b)

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  (b) Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
• 10 U.S.C. § 2696(f)(1)(C)

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  (C) if the Attorney General certifies to the Secretary of Defense that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762a),¹ convey the real property or facility, without reimbursement, to a public agency referred to in paragraph (1) or (3) of subsection (a) of such section for such utilization.
• 10 U.S.C. § 2701(a)(1)

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  (1) The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
• 10 U.S.C. § 2701(a)(2)

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  (2) Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA (42 U.S.C. 9620).
• 10 U.S.C. § 2701(a)(3)

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  (3) The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
• 10 U.S.C. § 2701(a)(4)

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  (4) The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
• 10 U.S.C. § 2701(b)

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  (b) Goals of the program shall include the following:

  (1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.

  (2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.

  (3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
• 10 U.S.C. § 2701(h)

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  (h) Any surety which provides a bid, performance, or payment bond in connection with any direct Federal procurement for a response action contract under the Defense Environmental Restoration Program and begins activities to meet its obligations under such bond, shall, in connection with such activities or obligations, be entitled to any indemnification and the same standard of liability to which its principal was entitled under the contract or under any applicable law or regulation.
• 10 U.S.C. § 2701(i)(1)

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  (1) If under sections 3131 and 3133 of title 40 surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program and are not waived pursuant to section 3134 of title 40, the surety bonds shall be issued in accordance with sections 3131 and 3133.
• 10 U.S.C. § 2701(i)(2)

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  (2) If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program, no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than an obligee named in the bond.
• 10 U.S.C. § 2701(i)(3)

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  (3) If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program, unless otherwise provided for by the Secretary in the bond, in the event of a default, the surety’s liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and specifications of the contract less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond. The surety shall in no event be liable on bonds to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage whether or not caused by a breach of the bonded contract.
• 10 U.S.C. § 2702(a)

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  (a) As part of the Defense Environmental Restoration Program, the Secretary of Defense shall carry out a program of research, development, and demonstration with respect to hazardous wastes. The program shall be carried out in consultation and cooperation with the Administrator and the advisory council established under section 311(a)(5) of CERCLA (42 U.S.C. 9660(a)(5)). The program shall include research, development, and demonstration with respect to each of the following:

  (1) Means of reducing the quantities of hazardous waste generated by activities and facilities under the jurisdiction of the Secretary.

  (2) Methods of treatment, disposal, and management (including recycling and detoxifying) of hazardous waste of the types and quantities generated by current and former activities of the Secretary and facilities currently and formerly under the jurisdiction of the Secretary.

  (3) Identifying more cost-effective technologies for cleanup of hazardous substances.

  (4) Toxicological data collection and methodology on risk of exposure to hazardous waste generated by the Department of Defense.

  (5) The testing, evaluation, and field demonstration of any innovative technology, processes, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat hazardous substances, to be carried out in consultation and cooperation with, and to the extent possible in the same manner and standards as, testing, evaluation, and field demonstration carried out by the Administrator, acting through the office of technology demonstration of the Environmental Protection Agency.
• 10 U.S.C. § 2703(b)

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  (b) The Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and munitions constituents within each environmental restoration account established under subsection (a). In this subsection, the terms “discarded military munitions” and “munitions constituents” have the meanings given such terms in section 2710 of this title.
• 10 U.S.C. § 2703(d)

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  (d) In proposing the budget for any fiscal year pursuant to section 1105 of title 31, the President shall set forth separately the amounts requested for environmental restoration programs of the Department of Defense and of each of the military departments under this chapter and under any other Act.
• 10 U.S.C. § 2708(b)(2)(A)

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  (A) any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs;
• 10 U.S.C. § 2709(b)(1)

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  (1) The active participation by end-users of environmental technology, including the officials responsible for the environmental security programs of the Department of Defense and the military departments, in the selection and prioritization of environmental technologies.
• 10 U.S.C. § 2710(b)(2)(D)

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  (D) Whether a response action has been or is being undertaken at the defense site under the Formerly Used Defense Sites program or other program.
• 10 U.S.C. § 2711(a)

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  (a) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.
• 10 U.S.C. § 2711(b)(1)

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  (1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—

  (A) the total number of sites at which such program was carried out;

  (B) the progress of remediation for sites that have not yet completed cleanup;

  (C) the remaining cost to complete cleanup of known sites, including information on the costs associated with investigating and remediating releases of per- and polyfluoroalkyl substances, including—

  (i) detailed information regarding the total potential cost to the Department of investigating and remediating such releases at all locations where investigation and remediation is expected to be funded by the Department; and

  (ii) the cost-to-complete analysis required under subsection (d); and

  (D) an assessment by the Secretary of Defense of the overall progress of such program.
• 10 U.S.C. § 2711(b)(1)(A)

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  (A) the total number of sites at which such program was carried out;
• 10 U.S.C. § 2711(b)(1)(D)

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  (D) an assessment by the Secretary of Defense of the overall progress of such program.
• 10 U.S.C. § 2711(b)(5)

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  (5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.
• 10 U.S.C. § 2713(a)

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  (a) The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and on other locations where the Department, an Indian tribe, and the current land owner agree that such mitigation is appropriate.
• 10 U.S.C. § 2713(b)

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  (b) The activities that may be carried out under the program established under subsection (a) are the following:

  (1) Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.

  (2) Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.

  (3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.

  (4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.

  (5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.

  (6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.
• 10 U.S.C. § 2713(b)(5)

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  (5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.
• 10 U.S.C. § 2713(c)(1)

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  (1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.
• 10 U.S.C. § 2713(d)(2)

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  (2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
• 10 U.S.C. § 2806(a)

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  (a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area.
• 10 U.S.C. § 2806(b)(1)

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  (1) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Security Investment program in any year unless such funds have been authorized by law for such program.
• 10 U.S.C. § 2806(b)(2)

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  (2) If any funds authorized for the North Atlantic Treaty Organization Security Investment program for a fiscal year are available to be obligated or expended at the end of that fiscal year and no funds have been authorized for the following fiscal year, not more than 50 percent of the amount authorized for the North Atlantic Treaty Organization Security Investment program for that fiscal year shall be deemed to be authorized by law for purposes of paragraph (1) for the following fiscal year.
• 10 U.S.C. § 2810(e)(2)(A)(ii)

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  (ii) the defense lab modernization program under section 2805(d) of this title; and
• 10 U.S.C. § 2810(e)(2)(B)

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  (B) The estimated costs of necessary innovation infrastructure improvements and a description of how such costs would be addressed by the Department of Defense budget request submitted during the same year as the plan and the applicable future-years defense program.
• 10 U.S.C. § 2810(f)(1)(C)

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  (C) A Department of Defense facility in support of a technology development program that is consistent with the fielding of offset technologies as described in section 218 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note 4811).
• 10 U.S.C. § 2816(b)

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  (b) The Secretary shall include the requirements of subsection (a) in applying the latest version of the building life-cycle cost program, as developed by the National Institute of Standards and Technology, to consider on-site distributed energy assets in a building design for a covered military construction project.
• 10 U.S.C. § 2820(a)(2)

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  (2) A certification that the budget of the President for the applicable fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of planning, design, and construction at a level that is sufficient to meet the requirements specified in the plan under paragraph (1) on the schedule provided in such plan.
• 10 U.S.C. § 2820(b)(1)

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  (1) The estimated costs of necessary infrastructure and facility improvements and a description of how such costs would be addressed by the budget request of the Department of Defense and the future-years defense program submitted for the applicable fiscal year.
• 10 U.S.C. § 2822(b)(3)

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  (3) Housing units acquired under the Homeowners Assistance Program referred to in section 2832 of this title.
• 10 U.S.C. § 2831(a)

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  (a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the “account”). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs.
• 10 U.S.C. § 2835a(b)(1)

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  (1) If the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is excess to the long-term needs of the family housing program of the Secretary, the Secretary may convert the lease contract entered into under subsection (a) of such section into a long-term lease of military unaccompanied housing.
• 10 U.S.C. § 2835a(d)

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  (d) This section also shall apply to housing initially acquired or constructed under the former section 2828(g) of this title (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).
• 10 U.S.C. § 2857(b)(1)

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  (1) The Secretary concerned shall carry out a program under which, in military family housing units which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (3) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
• 10 U.S.C. § 2857(b)(2)

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  (2) The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
• 10 U.S.C. § 2857(b)(3)

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  (3) The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.
• 10 U.S.C. § 2865

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  Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include for any military construction project over $90,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget documentation, a Project Spending Plan that includes—
• 10 U.S.C. § 2866(a)(1)

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  (1) The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by a utility for the management of water demand or for water conservation.
• 10 U.S.C. § 2866(a)(3)

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  (3) Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into an agreement with a utility to design and implement a cost-effective program that provides incentives for the management of water demand and for water conservation and that addresses the requirements and circumstances of the installation. Activities under the program may include the provision of water management services, the alteration of a facility, and the installation and maintenance by the utility of a water-saving device or technology.
• 10 U.S.C. § 2866(a)(4)(A)

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  (A) If an agreement under paragraph (3) provides for a utility to pay in advance the financing costs for the design or implementation of a program referred to in that paragraph and for such advance payment to be repaid by the United States, the cost of such advance payment may be recovered by the utility under terms that are not less favorable than the terms applicable to the most favored customer of the utility.
• 10 U.S.C. § 2869(a)(3)(A)

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  (A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide—

  (i) installation-support services (as defined in section 2679(f) of this title); or

  (ii) a new facility or improvements to an existing facility.
• 10 U.S.C. § 2883(d)(1)(B)

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  (B) The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures related to asset recapitalization, operating expenses, and debt payments before other program management-incentive fee expenditures. In the case of asset recapitalization, the primary purpose of the expenditures must be to sustain existing housing units owned or managed by the eligible entity or for which the eligible entity is otherwise responsible.
• 10 U.S.C. § 2891a(d)(11)

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  (11) Upon request by a prospective tenant, a landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning the prospective tenant to a housing unit provided by the landlord.
• 10 U.S.C. § 2901(a)

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  (a) The Secretary of Defense shall establish a program to be known as the “Strategic Environmental Research and Development Program”.
• 10 U.S.C. § 2901(b)

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  (b) The purposes of the program are as follows:

  (1) To address environmental matters of concern to the Department of Defense and the Department of Energy through support for basic and applied research and development of technologies that can enhance the capabilities of the departments to meet their environmental obligations.

  (2) To identify research, technologies, and other information developed by the Department of Defense and the Department of Energy for national defense purposes that would be useful to governmental and private organizations involved in the development of energy technologies and of technologies to address environmental restoration, waste minimization, hazardous waste substitution, and other environmental concerns, and to share such research, technologies, and other information with such governmental and private organizations.

  (3) To furnish other governmental organizations and private organizations with data, enhanced data collection capabilities, and enhanced analytical capabilities for use by such organizations in the conduct of environmental research, including research concerning global environmental change.

  (4) To identify technologies developed by the private sector that are useful for Department of Defense and Department of Energy defense activities concerning environmental restoration, hazardous and solid waste minimization and prevention, hazardous material substitution, and provide for the use of such technologies in the conduct of such activities.
• 10 U.S.C. § 2902(a)

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  (a) There is a Strategic Environmental Research and Development Program Council (hereinafter in this chapter referred to as the “Council”).
• 10 U.S.C. § 2902(b)(4)

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  (4) The Assistant Secretary of Energy for Defense programs.
• 10 U.S.C. § 2902(d)(1)

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  (1) To prescribe policies and procedures to implement the Strategic Environmental Research and Development Program.
• 10 U.S.C. § 2902(d)(2)

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  (2) To enter into contracts, grants, and other financial arrangements, in accordance with other applicable law, to carry out the purposes of the Strategic Environmental Research and Development Program.
• 10 U.S.C. § 2902(d)(3)(A)

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  (A) A description of activities of the strategic environmental research and development program carried out during the fiscal year before the fiscal year in which the report is prepared.
• 10 U.S.C. § 2902(d)(3)(B)

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  (B) A general outline of the activities planned for the program during the fiscal year in which the report is prepared.
• 10 U.S.C. § 2902(d)(3)(D)

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  (D) A summary of the actions of the Strategic Environmental Research and Development Program Scientific Advisory Board during the year preceding the year in which the report is submitted and any recommendations, including recommendations on program direction and legislation, that the Advisory Board considers appropriate regarding the program.
• 10 U.S.C. § 2902(d)(5)

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  (5) To ensure that research and development activities under the Strategic Environmental Research and Development Program do not duplicate other ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, or any other department or agency of the Federal Government.
• 10 U.S.C. § 2902(d)(6)

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  (6) To ensure that the research and development programs identified for support pursuant to policies and procedures prescribed by the council utilize, to the maximum extent possible, the talents, skills, and abilities residing at the Federal laboratories, including the Department of Energy multiprogram and defense laboratories, the Department of Defense laboratories, and Federal contract research centers. To utilize the research capabilities of institutions of higher education and private industry to the extent practicable.
• 10 U.S.C. § 2902(e)(3)

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  (3) provide for the identification of energy technologies developed for national defense purposes (including electricity generation systems, energy storage systems, alternative fuels, biomass energy technology, and applied materials technology) that might have environmentally sound, energy efficient applications for other programs of the Department of Defense and the Department of Energy national security programs;
• 10 U.S.C. § 2902(e)(4)

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  (4) provide for the identification and support of programs of basic and applied research, development, and demonstration in technologies useful—

  (A) to facilitate environmental compliance, remediation, and restoration activities of the Department of Defense and at Department of Energy defense facilities;

  (B) to minimize waste generation, including reduction at the source, by such departments; or

  (C) to substitute use of nonhazardous, nontoxic, nonpolluting, and other environmentally sound materials and substances for use of hazardous, toxic, and polluting materials and substances by such departments;
• 10 U.S.C. § 2902(e)(5)

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  (5) provide for the identification and support of research, development, and application of other technologies developed for national defense purposes which not only are directly useful for programs, projects, and activities of such departments, but also have useful applications for solutions to such national and international environmental problems as climate change and ozone depletion;
• 10 U.S.C. § 2902(e)(10)

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  (10) to ensure that the research and development programs identified for support pursuant to the policies and procedures prescribed by the Council are closely coordinated with, and do not duplicate, ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, or other Federal agencies.
• 10 U.S.C. § 2903(b)

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  (b) Subject to the authority, direction, and control of the Secretary of Defense, the Executive Director is responsible for the management of the Strategic Environmental Research and Development Program in accordance with the policies established by the Council.
• 10 U.S.C. § 2904(a)

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  (a) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall jointly appoint a Strategic Environmental Research and Development Program Scientific Advisory Board (hereafter in this section referred to as the “Advisory Board”) consisting of not less than six and not more than 14 members.
• 10 U.S.C. § 2904(f)

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  (f) The Advisory Board may make recommendations to the Council regarding technologies, research, projects, programs, activities, and, if appropriate, funding within the scope of the Strategic Environmental Research and Development Program.
• 10 U.S.C. § 2911(j)(2)(A)(i)

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  (i) funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and
• 10 U.S.C. § 2911(j)(2)(A)(ii)

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  (ii) funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and
• 10 U.S.C. § 2912(c)(3)

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  (3) Operational energy initiatives carried out under paragraph (1) may directly contribute to enhanced mission and combat capabilities, fund operational environment training activities, or establish programs to incentivize demonstrable reductions in energy expenditures within the department, agency, or instrumentality credited with achieving the energy cost savings under subsection (a).
• 10 U.S.C. § 2913(b)

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  (b) The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of energy demand or for energy conservation.
• 10 U.S.C. § 2913(d)(1)

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  (1) The Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation.
• 10 U.S.C. § 2913(d)(2)

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  (2) If an agreement under this subsection provides for a utility to advance financing costs for the design or implementation of a program referred to in that paragraph to be repaid by the United States, the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer.
• 10 U.S.C. § 2915(e)(3)(B)

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  (B) are listed on the Federal Energy Management Program Product Energy Efficiency Recommendations product list of the Department of Energy.
• 10 U.S.C. § 2919(a)

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  (a) The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authorized to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties:

  (1) An electric utility.

  (2) An independent system operator.

  (3) A State agency.

  (4) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency.
• 10 U.S.C. § 2919(a)(4)

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  (4) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency.
• 10 U.S.C. § 2926(d)(2)

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  (2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e).
• 10 U.S.C. § 2926(d)(4)

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  (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives, or developing capabilities for such purposes, pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents.
• 10 U.S.C. § 2926(e)(2)(E)(iv)

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  (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.
• 10 U.S.C. § 2926(e)(3)

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  (3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.
• 10 U.S.C. § 2926(f)(5)(D)

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  (D) An appendix prepared by the Under Secretary for Defense for Acquisition and Sustainment certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations.
• 10 U.S.C. § 2928(a)

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  (a) Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department.
• 10 U.S.C. § 2928(b)

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  (b) The goals of the programs established under subsection (a) shall be as follows:

  (1) To increase operational energy resiliency.

  (2) To decrease energy-related strategic vulnerabilities and enhance military readiness.

  (3) To integrate sustainability features for new and existing military installations and other facilities of the Department.
• 10 U.S.C. § 2928(c)

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  (c) Under the program of a military department under subsection (a), the Secretary of the military department shall carry out, with respect to the military department, and at a minimum, the following:

  (1) The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify operational inefficiencies and enable data-driven decision making with respect to fuel logistics and the reduction of fuel consumption.

  (2) The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through—

  (A) the incorporation of energy conservation and resiliency principles into training curricula and other training materials of the military department, including by updating such materials to include information on the effect of energy-aware behaviors on improving readiness and combat capability; and

  (B) the review of standard operating procedures, and other operational manuals and procedures, of the military department, to identify procedures that increase fuel consumption with no operational benefit.

  (3) The integration of operational energy factors into the wargaming of the military department and related training activities that involve the modeling of scenarios, in accordance with subsection (d), to provide to participants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics.

  (4) The implementation of data-driven procedures, operations planning, and logistics, to optimize cargo transport and refueling operations within the military department.
• 10 U.S.C. § 3012(3)

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  (3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—

  (A) participation in the program has been open to all responsible sources; and

  (B) orders and contracts under such program result in the best value to meet the needs of the United States;
• 10 U.S.C. § 3012(3)(A)

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  (A) participation in the program has been open to all responsible sources; and
• 10 U.S.C. § 3012(3)(B)

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  (B) orders and contracts under such program result in the best value to meet the needs of the United States;
• 10 U.S.C. § 3067(a)

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  (a) The Secretary of Defense shall prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition and Sustainment from terminating or substantially reducing its participation in such program without the approval of the Under Secretary.
• 10 U.S.C. § 3067(b)(2)

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  (2) A provision that authorizes the Under Secretary of Defense for Acquisition and Sustainment to require a military department whose participation in a joint acquisition program has been approved for termination or substantial reduction to continue to provide some or all of the funding necessary for the acquisition program to be continued in an efficient manner.
• 10 U.S.C. § 3072(a)

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  (a) The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2029.
• 10 U.S.C. § 3072(b)(1)

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  (1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance;
• 10 U.S.C. § 3072(b)(2)

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  (2) specific analyses of individual acquisition programs and initiatives; and
• 10 U.S.C. § 3072(c)

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  (c) The assessment required under subsection (a) shall consider the following programs and initiatives:

  (1) Selected weapon systems, as determined appropriate by the Comptroller General.

  (2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.

  (3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.
• 10 U.S.C. § 3103(b)(4)

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  (4) notify the Joint Requirements Oversight Council within 30 days after changes to a defense acquisition program that result in a material difference in capability requirements, procurement quantities, or delivery schedules;
• 10 U.S.C. § 3104(b)(1)

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  (1) The Secretary of the military department concerned shall ensure that any requirements document for a major defense acquisition program may not be approved until the service chief concerned determines in writing that the requirements in the document are necessary and realistic in relation to the program cost and fielding targets established under section 4271(a) of this title.
• 10 U.S.C. § 3104(b)(2)

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  (2) Consistent with the performance of duties under subsection (a), the service chief concerned, or in the case of a joint program the service chiefs concerned, with respect to major defense acquisition programs, shall—

  (A) concur with the need for a materiel solution as identified in the Materiel Development Decision Review;

  (B) concur with the life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs that have been made with regard to the program before Milestone A approval is granted under section 4251 of this title;

  (C) concur that appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total life-cycle cost before Milestone B approval is granted under section 4252 of this title; and

  (D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted.
• 10 U.S.C. § 3104(b)(2)(B)

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  (B) concur with the life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs that have been made with regard to the program before Milestone A approval is granted under section 4251 of this title;
• 10 U.S.C. § 3104(b)(2)(C)

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  (C) concur that appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total life-cycle cost before Milestone B approval is granted under section 4252 of this title; and
• 10 U.S.C. § 3104(b)(2)(D)

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  (D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted.
• 10 U.S.C. § 3136(c)(1)(B)(i)

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  (i) Unexpired funds in appropriations accounts that are available for new obligations and that, as a result of economies, efficiencies, and other savings achieved in carrying out an acquisition program, are excess to the requirements of that program.
• 10 U.S.C. § 3136(d)(2)

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  (2) For increasing, subject to subsection (e), the quantity of items and services procured under an acquisition program in order to achieve a more efficient production or delivery rate.
• 10 U.S.C. § 3136(d)(3)

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  (3) For research, development, test, and evaluation, for procurement, and for sustainment activities necessary for paying costs of unforeseen contingencies that are approved by the milestone decision authority concerned, that could prevent an ongoing acquisition program from meeting critical schedule or performance requirements.
• 10 U.S.C. § 3136(d)(4)

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  (4) For paying costs of changes to program requirements or system configuration that are approved by the configuration steering board for a major defense acquisition program.
• 10 U.S.C. § 3136(e)(1)

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  (1) Funds in the Defense Modernization Account may not be used to increase the quantity of an item or services procured under a particular acquisition program to the extent that doing so would—

  (A) result in procurement of a total quantity of items or services in excess of a specific limitation provided by law on the quantity of the items or services that may be procured; or

  (B) result in an obligation or expenditure of funds in excess of a specific limitation provided by law on the amount that may be obligated or expended, respectively, for that acquisition program.
• 10 U.S.C. § 3136(e)(1)(B)

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  (B) result in an obligation or expenditure of funds in excess of a specific limitation provided by law on the amount that may be obligated or expended, respectively, for that acquisition program.
• 10 U.S.C. § 3136(e)(2)

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  (2) Funds in the Defense Modernization Account may not be used for a purpose or program for which Congress has not authorized appropriations, unless the procedures for initiating a new start program are complied with.
• 10 U.S.C. § 3136(h)(2)(C)

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  (C) the use of a competitive process for the evaluation of such proposals and the selection of programs, projects, and activities to be funded out of the Defense Modernization Account and subaccounts from among those proposed for such funding; and
• 10 U.S.C. § 3138(b)(1)(B)

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  (B) include efforts that support or contribute to improved organization or program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, auditing, and administrative or technical support for conferences and training programs.
• 10 U.S.C. § 3153(1)

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  (1) The assignment of a senior commissioned officer or civilian member of the senior executive service, with appropriate program management experience and qualifications, to act as head of program management during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving multiple United States Government agencies and international organizations, if required.
• 10 U.S.C. § 3153(2)

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  (2) A preplanned organizational approach to program management during combat operations, post-conflict operations, and contingency operations that is designed to ensure that the Department of Defense is prepared to conduct such program management.
• 10 U.S.C. § 3153(4)

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  (4) Utilization of the hiring and appointment authorities necessary for the rapid deployment of personnel to ensure the availability of key personnel for sufficient lengths of time to provide for continuing program and project management.
• 10 U.S.C. § 3153(5)

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  (5) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to program management personnel in—

  (A) the use of laws, regulations, policies, and directives related to program management in combat or contingency environments;

  (B) the integration of cost, schedule, and performance objectives into practical acquisition strategies aligned with available resources and subject to effective oversight; and

  (C) procedures of the Department of Defense related to funding mechanisms and contingency contract management.
• 10 U.S.C. § 3153(5)(A)

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  (A) the use of laws, regulations, policies, and directives related to program management in combat or contingency environments;
• 10 U.S.C. § 3153(7)

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  (7) Such steps as may be needed to ensure jointness and cross-service coordination in the area of program management during contingency operations.
• 10 U.S.C. § 3154(a)(4)

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  (4) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in—

  (A) the use of law, regulations, policies, and directives related to contingency contracting operations;

  (B) the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under sections 3201 through 3205 of this title, sealed bidding, letter contracts, indefinite delivery-indefinite quantity task orders, set asides under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), undefinitized contract actions, and other tools available to expedite the delivery of goods and services during combat operations or post-conflict operations;

  (C) the appropriate use of rapid acquisition authority, commanders’ emergency response program funds, and other tools unique to contingency contracting; and

  (D) instruction on the necessity for the prompt transition from the use of rapid acquisition authority to the use of full and open competition and other methods of contracting that maximize transparency in the acquisition process.
• 10 U.S.C. § 3154(a)(4)(C)

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  (C) the appropriate use of rapid acquisition authority, commanders’ emergency response program funds, and other tools unique to contingency contracting; and
• 10 U.S.C. § 3155(b)(2)(B)

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  (B) program management (including contractor oversight); and
• 10 U.S.C. § 3157(2)

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  (2) The term “contingency program management” means the process of planning, organizing, staffing, controlling, and leading the combined efforts of participating civilian and military personnel and organizations for the management of a specific defense acquisition program or programs during combat operations, post-conflict operations, and contingency operations.
• 10 U.S.C. § 3201(e)(1)

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  (1) It is the policy of Congress that an agency named in section 3063 of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures.
• 10 U.S.C. § 3208(d)(1)(A)

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  (A) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or
• 10 U.S.C. § 3221(a)

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  (a) The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense.
• 10 U.S.C. § 3221(b)(1)

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  (1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense;
• 10 U.S.C. § 3221(c)

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  (c) The Secretary of Defense shall ensure that the Director of Cost Assessment and Program Evaluation has sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director under this chapter.
• 10 U.S.C. § 3222(a)

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  (a) A milestone decision authority may not approve entering the engineering and manufacturing development phase, or production and deployment phase, of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram.
• 10 U.S.C. § 3222(b)

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  (b) The regulations governing the content and submission of independent cost estimates required by section 3221 of this title shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—

  (1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and

  (2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.
• 10 U.S.C. § 3222(b)(1)

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  (1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and
• 10 U.S.C. § 3222(b)(2)

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  (2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.
• 10 U.S.C. § 3223

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  The Secretary of Defense shall ensure that the Director of Cost Assessment and Program Evaluation—
• 10 U.S.C. § 3224

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  The Director of Cost Assessment and Program Evaluation may—
• 10 U.S.C. § 3225

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  The Director of Cost Assessment and Program Evaluation, and the Secretary of the military department concerned or the head of the Defense Agency concerned (as applicable), shall each—
• 10 U.S.C. § 3225(1)

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  (1) issue guidance requiring a discussion of risk, the potential impacts of risk on program costs, and approaches to mitigate risk in cost estimates for major defense acquisition programs and major subprograms;
• 10 U.S.C. § 3225(2)

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  (2) ensure that cost estimates are developed, to the extent practicable, based on historical actual cost information that is based on demonstrated contractor and Government performance and that such estimates provide a high degree of confidence that the program or subprogram can be completed without the need for significant adjustment to program budgets; and
• 10 U.S.C. § 3226(a)

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  (a) The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of section 3221 of this title shall provide that cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (b)(6) of such section are not to be used for the purpose of contract negotiations or the obligation of funds.
• 10 U.S.C. § 3226(b)

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  (b) The Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of Cost Assessment and Program Evaluation, develop policies, procedures, and guidance to ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience.
• 10 U.S.C. § 3226(d)(2)(A)

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  (A) to cover any increased program costs identified by a revised cost analysis or target developed pursuant to subsection (b);
• 10 U.S.C. § 3227(a)

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  (a) The Director of Cost Assessment and Program Evaluation shall, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, develop policies, procedures, guidance, and a collection method to ensure that quality acquisition cost data are collected to facilitate cost estimation and comparison across acquisition programs.
• 10 U.S.C. § 3227(b)

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  (b) The program manager and contracting officer for each acquisition program in an amount greater than an amount described in section 3041(c)(1) of this title, in consultation with the cost estimating component of the relevant military department or Defense Agency, shall ensure that cost data are collected in accordance with the requirements of subsection (a).
• 10 U.S.C. § 3227(c)

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  (c) The requirement under subsection (a) may be waived only by the Director of Cost Assessment and Program Evaluation.
• 10 U.S.C. § 3252(d)(7)(A)

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  (A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and
• 10 U.S.C. § 3322(d)(2)(A)

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  (A) The service acquisition executive of the military department concerned or, in the case of program that is a joint program, the Secretary of Defense may waive the limit required under paragraph (1) with respect to the number of low-rate production lots for a production quantity under a covered contract if such service acquisition executive or the Secretary of Defense, as applicable, determines that such waiver is in the best interest of the Department of Defense.
• 10 U.S.C. § 3377(b)(1)(B)

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  (B) Special access programs.
• 10 U.S.C. § 3501(a)(1)(A)

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  (A) savings of the total anticipated costs of carrying out the program through annual contracts; or
• 10 U.S.C. § 3501(g)(2)(A)

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  (A) the cancellation ceiling amounts planned for each program year in the proposed multiyear procurement contract, together with the reasons for the amounts planned;
• 10 U.S.C. § 3501(i)(2)

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  (2) In submitting a request for a specific authorization by law to carry out a defense acquisition program using multiyear contract authority under this section, the Secretary of Defense shall include in the request a report containing preliminary findings of the agency head required in paragraphs (1) through (6) of subsection (a), together with the basis for such findings.
• 10 U.S.C. § 3501(i)(3)

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  (3) A multiyear contract may not be entered into under this section for a defense acquisition program that has been specifically authorized by law to be carried out using multiyear contract authority unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:

  (A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

  (B) The Secretary’s determination under subparagraph (A) was made after completion of a cost analysis conducted on the basis of section 3226(b) of this title, and the analysis supports the determination.

  (C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 4374 of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.

  (D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.

  (E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.

  (F) The contract is a fixed price type contract.

  (G) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
• 10 U.S.C. § 3501(i)(3)(E)

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  (E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.
• 10 U.S.C. § 3501(i)(4)

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  (4) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that significant savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.
• 10 U.S.C. § 3501(k)

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  (k) For the purposes of this section, a multiyear contract is a contract for the purchase of property for more than one, but not more than five, program years. Such a contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation payment to be made to the contractor if such appropriations are not made.
• 10 U.S.C. § 3531(d)(5)(A)

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  (A) the cancellation ceiling amounts planned for each program year in the proposed multiyear procurement contract, together with the reasons for the amounts planned;
• 10 U.S.C. § 3531(f)

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  (f) For the purposes of this section, a multiyear contract is a contract for the purchase of services for more than one, but not more than five, program years. Such a contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation payment to be made to the contractor if such appropriations are not made.
• 10 U.S.C. § 3551(a)

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  (a) The Secretary of Defense may enter into a contract for a period of up to 10 years for the purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products for the support of a United States national security program or a United States space program.
• 10 U.S.C. § 3601(b)(3)

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  (3) A process to determine the disposition of a capability, including termination (demilitarization or disposal), continued sustainment, or transition to a program of record.
• 10 U.S.C. § 3601(c)(1)(C)(ii)

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  (ii) In this subparagraph, the term “cyber attack” means a deliberate action to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information or programs resident in or transiting these systems or networks.
• 10 U.S.C. § 3601(c)(4)(E)

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  (E) A notice under this paragraph shall fulfill any requirement to provide notification to Congress for a program (referred to as a “new start program”) that has not previously been specifically authorized by law or for which funds have not previously been appropriated.
• 10 U.S.C. § 3602(a)

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  (a) The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years.
• 10 U.S.C. § 3602(b)(1)

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  (1) The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement.
• 10 U.S.C. § 3602(b)(2)

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  (2) The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement.
• 10 U.S.C. § 3602(c)(1)

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  (1) Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more than six months from the time that the process is initiated. Programs or projects carried out under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01.
• 10 U.S.C. § 3602(c)(2)(B)

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  (B) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway;
• 10 U.S.C. § 3602(c)(2)(C)

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  (C) a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such program or project in an operational environment;
• 10 U.S.C. § 3602(c)(2)(D)

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  (D) a process for transitioning successful prototypes to new or existing acquisition programs for production and fielding under the rapid fielding pathway or the major capability acquisition pathway (as defined under Department of Defense Instruction 5000.85 or successor instruction); and
• 10 U.S.C. § 3602(c)(3)(C)

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  (C) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway;
• 10 U.S.C. § 3602(c)(4)(A)

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  (A) The service acquisition executive of the military department concerned may appoint a program manager for a program or project for which the authority under this section is used from among candidates from among civilian employees or members of the armed forces who have significant and relevant experience managing large and complex programs.
• 10 U.S.C. § 3602(c)(4)(B)

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  (B) A program manager appointed under subparagraph (A) may be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, and logistics, to enable the program manager to manage the program without the technical assistance of another element of the Department of Defense to the maximum extent practicable.
• 10 U.S.C. § 3602(c)(4)(C)

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  (C) A program manager appointed under subparagraph (A) may, in coordination with the users of the good or service to be acquired under such a program or project and the test community, to make trade-offs among life-cycle costs, requirements, and schedules to meet the goals of the program or project.
• 10 U.S.C. § 3602(c)(4)(D)

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  (D) Each service acquisition executive, acting in coordination with the defense acquisition executive, may serve as the decision authority for a program or project for which the authority under this section is used, or shall delegate such decision authority.
• 10 U.S.C. § 3602(c)(4)(E)

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  (E) A program manager appointed under subparagraph (A) may seek an expedited waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the program manager determines adds cost, schedule, or performance delays with little or no value to the management of such program or project.
• 10 U.S.C. § 3602(c)(4)(F)

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  (F) If an operational capability is fielded for a program or project for which the authority under this section is used, the appropriate service acquisition executive may permit continuous iterative prototyping and fielding under the same program or project for an unlimited number of subsequent periods, where each period is intended to be five years.
• 10 U.S.C. § 3603(h)(8)

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  (8) program execution processes, including supporting development and test infrastructure, automation and tools, digital engineering, data collection and sharing with Department of Defense stakeholders and with Congress, the role of developmental and operational testing activities, key decision-making and oversight events, and supporting processes and activities (such as independent costing activity, operational demonstration, and performance metrics);
• 10 U.S.C. § 3603(h)(12)

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  (12) mechanisms the Secretary will use for appropriate reporting to Congress on the use of the authority under this section, including notice of initiation of the use of a pathway and data regarding individual programs or acquisition activities, how acquisition activities are reflected in budget justification materials or requests to reprogram appropriated funds, and compliance with other reporting requirements.
• 10 U.S.C. § 3604(a)

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  (a) Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies—

  (1) reducing acquisition or life-cycle costs;

  (2) addressing technical risks;

  (3) improving the timeliness and thoroughness of test and evaluation outcomes; and

  (4) rapidly implementing such technologies to directly support defense missions.
• 10 U.S.C. § 3604(b)(1)

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  (1) The Secretary shall issue guidelines for the operation of the program established under this section.
• 10 U.S.C. § 3604(b)(2)

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  (2) At a minimum, the guidelines for the operation of the program established under this section required under paragraph (1) shall provide for the following:

  (A) The issuance of one or more solicitations for proposals by the Department of Defense in support of the program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 3014 of this title).

  (B) The issuance of not more than two solicitations for proposals by the Department of Defense in support of the program each fiscal year for innovative technologies from entities that, during the one-year period preceding the issuance of the solicitation, have not performed on contracts and subcontracts for the Department under which the aggregate obligations of the Department to such entity for such period exceeds $400,000,000.

  (C) A process for—

  (i) the review of proposals received in response to a solicitation issued under subparagraph (A) by the Secretary of Defense and by each Secretary of a military department;

  (ii) the merit-based selection of the most promising cost-effective proposals; and

  (iii) the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process.
• 10 U.S.C. § 3604(b)(2)(A)

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  (A) The issuance of one or more solicitations for proposals by the Department of Defense in support of the program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 3014 of this title).
• 10 U.S.C. § 3604(b)(2)(B)

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  (B) The issuance of not more than two solicitations for proposals by the Department of Defense in support of the program each fiscal year for innovative technologies from entities that, during the one-year period preceding the issuance of the solicitation, have not performed on contracts and subcontracts for the Department under which the aggregate obligations of the Department to such entity for such period exceeds $400,000,000.
• 10 U.S.C. § 3604(c)

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  (c) The total amount of funding provided for any proposal selected for an award under the program established under this section shall be greater than or equal to $10,000,000 and shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding.
• 10 U.S.C. § 3604(d)(2)

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  (2) The Secretary of Defense shall collect and analyze data on the program established under this section for the purposes of—

  (A) developing and sharing best practices for achieving the objectives of the program;

  (B) providing information on the implementation of the program and related policy issues; and

  (C) reporting to the congressional defense committees as required under subsection (e).
• 10 U.S.C. § 3604(d)(2)(A)

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  (A) developing and sharing best practices for achieving the objectives of the program;
• 10 U.S.C. § 3604(d)(2)(B)

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  (B) providing information on the implementation of the program and related policy issues; and
• 10 U.S.C. § 3604(e)

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  (e) Not later than March 1 and September 1 of each year beginning after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the program established under this section.
• 10 U.S.C. § 3604(f)

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  (f) The Secretary of Defense shall notify the congressional defense committees within 30 days after funding has been provided for a proposal selected for an award under the program established under this section.
• 10 U.S.C. § 3709(a)

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  (a) The Secretary of Defense shall establish a program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—

  (1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and

  (2) reducing the cost and pricing data to be submitted in accordance with this chapter.
• 10 U.S.C. § 3709(b)

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  (b) 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 this title) for a contract described in subsection (a) has the discretion to implement the program under this section efficiently and effectively by ensuring the following:

  (1) That the program does not include any preferences for contract type or specific contract requirements.

  (2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.
• 10 U.S.C. § 3709(b)(1)

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  (1) That the program does not include any preferences for contract type or specific contract requirements.
• 10 U.S.C. § 3709(b)(2)

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  (2) That each Secretary of a military department has no unique reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the program.
• 10 U.S.C. § 3744(b)(1)(A)

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  (A) the application of such provisions to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for members of the armed forces stationed or deployed outside the United States;
• 10 U.S.C. § 3762(c)(2)(B)

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  (B) from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the independent research and development programs of the contractor.
• 10 U.S.C. § 3762(d)

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  (d) Regulations prescribed under subsection (a) may not include provisions that would infringe on the independence of a contractor to choose which technologies to pursue in its independent research and development program if the chief executive officer of the contractor determines that expenditures will advance the needs of the Department of Defense for future technology and advanced capability as transmitted pursuant to subsection (c)(2)(A).
• 10 U.S.C. § 3772(b)(2)

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  (2) notwithstanding any limitation upon the license rights conveyed under section 3771 of this title, allowing a covered Government support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or
• 10 U.S.C. § 3773

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  The Secretary of Defense shall by regulation establish programs which provide domestic business concerns an opportunity to purchase or borrow replenishment parts from the United States for the purpose of design replication or modification, to be used by such concerns in the submission of subsequent offers to sell the same or like parts to the United States. Nothing in this section limits the authority of the head of an agency to impose restrictions on such a program related to national security considerations, inventory needs of the United States, the improbability of future purchases of the same or like parts, or any additional restriction otherwise required by law.
• 10 U.S.C. § 3775(a)

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  (a) In this subchapter, the term “covered Government support contractor” means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor—

  (1) is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

  (2) executes a contract with the Government agreeing to and acknowledging—

  (A) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;

  (B) that the covered Government support contractor will enter into a non-disclosure agreement with the contractor to whom the rights to the technical data belong;

  (C) that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the program or effort for the period of time in which the Government is restricted from disclosing the technical data outside of the Government;

  (D) that a breach of that contract by the covered Government support contractor with regard to a third party’s ownership or rights in such technical data may subject the covered Government support contractor—

  (i) to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

  (ii) to civil actions for damages and other appropriate remedies by the contractor or subcontractor whose technical data is affected by the breach; and

  (E) that such technical data provided to the covered Government support contractor under the authority of this section shall not be used by the covered Government support contractor to compete against the third party for Government or non-Government contracts.
• 10 U.S.C. § 3775(a)(1)

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  (1) is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and
• 10 U.S.C. § 3775(a)(2)(C)

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  (C) that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the program or effort for the period of time in which the Government is restricted from disclosing the technical data outside of the Government;
• 10 U.S.C. § 3802(a)(2)

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  (2) Accomplishment of events defined in the program management plan.
• 10 U.S.C. § 4007(a)

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  (a) Each official specified in subsection (b) shall ensure that the management and conduct of the science and technology programs under the authority of that official are carried out in a manner that will foster the transition of science and technology to higher levels of research, development, test, and evaluation.
• 10 U.S.C. § 4010(a)

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  (a) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense.
• 10 U.S.C. § 4010(b)

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  (b) The objectives of the program are as follows:

  (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.

  (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance.

  (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.
• 10 U.S.C. § 4010(c)

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  (c) In order to achieve the program objectives, the following activities are authorized under the program:

  (1) Competitive award of grants for research and instrumentation to support such research.

  (2) Competitive award of financial assistance for graduate students.

  (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.

  (4) Any other activities that are determined necessary to further the achievement of the objectives of the program.
• 10 U.S.C. § 4010(c)(4)

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  (4) Any other activities that are determined necessary to further the achievement of the objectives of the program.
• 10 U.S.C. § 4010(d)(2)(B)

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  (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State.
• 10 U.S.C. § 4010(e)(1)

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  (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government.
• 10 U.S.C. § 4010(e)(2)

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  (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation.
• 10 U.S.C. § 4010(e)(3)

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  (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research.
• 10 U.S.C. § 4014(a)

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  (a) The Secretary of Defense shall promote, monitor, and evaluate programs for the communication and exchange of research, development, and technological data—

  (1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces;

  (2) among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters;

  (3) among other research facilities and other departments or agencies of the Federal Government that are engaged in research, development, and technological matters;

  (4) among private commercial, research institution, and university entities engaged in research, development, and technological matters potentially relevant to defense on a voluntary basis;

  (5) to the extent practicable, to achieve full awareness of scientific and technological advancement and innovation wherever it may occur, whether funded by the Department of Defense, another element of the Federal Government, or other entities; and

  (6) through development and distribution of clear technical communications to the public, military operators, acquisition organizations, and civilian and military decision-makers that convey successes of research and engineering activities supported by the Department and the contributions of such activities to support national needs.
• 10 U.S.C. § 4021(e)(1)

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  (1) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction entered into under subsection (a) provides for research that duplicates research being conducted under existing programs carried out by the Department of Defense; and
• 10 U.S.C. § 4021(g)(2)

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  (2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.
• 10 U.S.C. § 4022(d)(1)(B)

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  (B) All significant participants in the transaction other than the Federal Government are small businesses (including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638)) or nontraditional defense contractors.
• 10 U.S.C. § 4022(i)(1)

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  (1) The Secretary of Defense or the Secretary of a military department may establish a pilot program under which the Secretary may, under the authority of this section, carry out prototype projects that are directly relevant to enhancing the ability of the Department of Defense to prototype the design, development, or demonstration of new construction techniques or technologies to improve military installations or facilities (as such terms are defined in section 2801 of this title).
• 10 U.S.C. § 4022(i)(2)(A)

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  (A) In carrying out prototype projects under the pilot program established under paragraph (1)—

  (i) not more than two prototype projects may begin to be carried out per fiscal year under such pilot program; and

  (ii) the aggregate value of all transactions entered into under such pilot program may not exceed $300,000,000.
• 10 U.S.C. § 4022(i)(2)(A)(i)

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  (i) not more than two prototype projects may begin to be carried out per fiscal year under such pilot program; and
• 10 U.S.C. § 4022(i)(2)(A)(ii)

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  (ii) the aggregate value of all transactions entered into under such pilot program may not exceed $300,000,000.
• 10 U.S.C. § 4022(i)(3)

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  (3) 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.
• 10 U.S.C. § 4022(i)(4)(A)

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  (A) Except as provided in subparagraph (B), the authority to carry out prototype projects under the pilot program established under paragraph (1) shall terminate on September 30, 2030.
• 10 U.S.C. § 4022(i)(4)(B)

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  (B) Subparagraph (A) shall not apply with respect to prototype projects being carried out under the pilot program established under paragraph (1) on the date described in subparagraph (A).
• 10 U.S.C. § 4024(a)

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  (a) It is the policy of Congress that an agency named in section 3063 of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures.
• 10 U.S.C. § 4025(a)

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  (a) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Director of the Defense Innovation Unit, and the service acquisition executive for each military department, may carry out programs to award cash prizes and other types of prizes, including procurement contracts and other agreements, that the Secretary determines are appropriate to recognize outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that—

  (1) have the potential for application to the performance of the military missions of the Department of Defense; or

  (2) demonstrate management practices that improve the schedule or performance, reduce the costs, or otherwise support the transition of technology into acquisition programs or operational use.
• 10 U.S.C. § 4025(a)(2)

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  (2) demonstrate management practices that improve the schedule or performance, reduce the costs, or otherwise support the transition of technology into acquisition programs or operational use.
• 10 U.S.C. § 4025(b)

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  (b) Each program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes and for the selection of recipients of procurement contracts and other agreements. The process shall include the widely-advertised solicitation of submissions.
• 10 U.S.C. § 4025(d)

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  (d) A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of an official referred to in that subsection.
• 10 U.S.C. § 4025(g)(1)

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  (1) Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $20,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award.
• 10 U.S.C. § 4061(a)(1)

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  (1) The Secretary of Defense shall establish a competitive, merit-based program to enable and assist small businesses to accelerate the commercialization of various technologies, including critical technologies developed pursuant to phase II Small Business Innovation Research Program projects, phase II Small Business Technology Transfer Program projects, technologies developed by the defense laboratories, capabilities developed through competitively awarded prototype agreements and other innovative technologies (including dual use technologies).
• 10 U.S.C. § 4061(a)(2)

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  (2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, support the integration of such products, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.
• 10 U.S.C. § 4061(b)

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  (b) The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:

  (1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of primarily major defense acquisition programs, but also other defense acquisition programs as described in subsection (a).

  (2) The review of candidate proposals by the Department of Defense and by each Office of Small Business Programs of each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.

  (3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $6,000,000.

  (4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary’s designee, approves funding for any additional year.

  (5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 4004 of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.

  (6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.

  (7) A preference under the program for funding small business concerns.
• 10 U.S.C. § 4061(b)(1)

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  (1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of primarily major defense acquisition programs, but also other defense acquisition programs as described in subsection (a).
• 10 U.S.C. § 4061(b)(2)

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  (2) The review of candidate proposals by the Department of Defense and by each Office of Small Business Programs of each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.
• 10 U.S.C. § 4061(b)(3)

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  (3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $6,000,000.
• 10 U.S.C. § 4061(b)(4)

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  (4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary’s designee, approves funding for any additional year.
• 10 U.S.C. § 4061(b)(5)

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  (5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 4004 of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.
• 10 U.S.C. § 4061(b)(7)

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  (7) A preference under the program for funding small business concerns.
• 10 U.S.C. § 4061(d)(1)

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  (1) Subject to the availability of appropriations for such purpose and to the limitation under paragraph (2), the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a).
• 10 U.S.C. § 4061(d)(2)

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  (2) During any fiscal year, the total amount of awards in an amount greater than $6,000,000 made under the program established under subsection (a) may not exceed 25 percent of the amount made available to carry out such program during such fiscal year.
• 10 U.S.C. § 4061(e)(1)

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  (1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program.
• 10 U.S.C. § 4062(a)(1)

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  (1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in acquisition programs of the Department of Defense.
• 10 U.S.C. § 4062(a)(2)

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  (2) The program, to be known as the Defense Acquisition Challenge Program (hereinafter in this section referred to as the “Challenge Program”), shall provide any person or activity within or outside the Department of Defense with the opportunity to propose alternatives, to be known as challenge proposals, at the component, subsystem, system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.
• 10 U.S.C. § 4062(c)(3)

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  (3) The Under Secretary shall issue on an annual basis not less than one such broad agency announcement inviting interested parties to submit challenge proposals. Such announcements may also identify particular technology areas and acquisition programs or functions that will be given priority in the evaluation of challenge proposals.
• 10 U.S.C. § 4062(c)(4)(A)(i)

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  (i) any acquisition program for which, since the last such announcement, the Secretary concerned has determined under section 4374 of this title that the program’s acquisition unit cost or procurement unit cost has increased by a percentage equal to or greater than the critical cost growth threshold for the program (in this section referred to as a “critical cost growth threshold breach”);
• 10 U.S.C. § 4062(c)(4)(A)(ii)

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  (ii) any design, engineering, manufacturing, or technology integration issues, in accordance with the assessment required by section 4375(b) of this title, that have contributed significantly to the cost growth of such program; and
• 10 U.S.C. § 4062(c)(5)(B)

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  (B) Whether the challenge proposal is likely to result in improvements in performance, affordability, manufacturability, or operational capability at the component, subsystem, system, or system-of-systems level of an acquisition program.
• 10 U.S.C. § 4062(c)(5)(C)

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  (C) Whether the challenge proposal could be implemented in the acquisition program rapidly, at an acceptable cost, and without unacceptable disruption to the acquisition program.
• 10 U.S.C. § 4062(c)(6)(A)

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  (A) may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit; and
• 10 U.S.C. § 4062(c)(6)(B)

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  (B) may establish procedures to ensure that the Challenge Program establishes appropriate priorities for proposals from businesses that are not major contractors with the Department of Defense.
• 10 U.S.C. § 4062(d)(1)

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  (1) Under procedures prescribed by the Under Secretary, for each challenge proposal submitted for a full review and evaluation as provided in subsection (c)(7), the office carrying out the acquisition program to which the proposal relates shall, in consultation with the prime system contractor carrying out such program, conduct a full review and evaluation of the proposal.
• 10 U.S.C. § 4062(d)(2)(A)

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  (A) an assessment of the cost of adopting the challenge proposal and implementing it in the acquisition program; and
• 10 U.S.C. § 4062(e)(1)

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  (1) Under procedures prescribed by the Under Secretary, each challenge proposal determined under a full review and evaluation to satisfy each of the criteria specified in subsection (c)(5) with respect to an acquisition program shall be considered by the office carrying out the applicable acquisition program and the prime system contractor for incorporation into the acquisition program as a new technology insertion at the component, subsystem, system, or system-of-systems level.
• 10 U.S.C. § 4062(e)(2)

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  (2) The Under Secretary shall encourage the adoption of each challenge proposal referred to in paragraph (1) by providing suitable incentives to the office carrying out the acquisition program and the prime system contractor carrying out such program.
• 10 U.S.C. § 4062(e)(3)

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  (3) In the case of a challenge proposal submitted in response to a solicitation issued as a result of a critical cost growth threshold breach that is determined under full review and evaluation to satisfy each of the criteria specified in subsection (c)(5), the Under Secretary shall establish guidelines for covering the costs of the challenge proposal. If appropriate, such guidelines shall not be restricted to funding provided by the Defense Acquisition Challenge Program, but shall also consider alternative funding sources, such as the acquisition program with respect to which the breach occurred.
• 10 U.S.C. § 4062(g)(1)

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  (1) Under procedures established by the Under Secretary, the technical resources of the laboratories, research, development, and engineering centers, test and evaluation activities, and other elements of the Department may be called upon to support the activities of the Challenge Program.
• 10 U.S.C. § 4062(g)(2)

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  (2) Funds available to carry out this program may be used to compensate such laboratories, centers, activities, and elements for technical assistance provided to a Panel pursuant to paragraph (1).
• 10 U.S.C. § 4062(i)

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  (i) Funds made available for the Challenge Program may be used only for activities authorized by this section, and not for implementation of challenge proposals.
• 10 U.S.C. § 4062(l)(1)

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  (1) The Under Secretary of Defense for Research and Engineering shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innovative and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, and implementation, where appropriate, of qualifying proposals.
• 10 U.S.C. § 4062(l)(2)(A)

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  (A) is evaluated as achieving a level of performance that is at least equal to the level of performance of an item being procured under a covered acquisition program and as providing savings in excess of 15 percent after considering all costs to the Government of implementing such proposal; or
• 10 U.S.C. § 4062(l)(2)(B)

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  (B) is evaluated as achieving a level of performance that is significantly better than the level of performance of an item being procured under a covered acquisition program without any increase in cost to the Government.
• 10 U.S.C. § 4062(l)(3)

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  (3) The Under Secretary shall adopt modifications as may be needed to the procedures applicable to the Challenge Program to provide for Department of Defense review of, and action on, qualifying proposals. Such procedures shall include, at a minimum, the issuance of a broad agency announcement inviting interested parties to submit qualifying proposals in areas of interest to the Department.
• 10 U.S.C. § 4062(l)(4)(B)

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  (B) The term “covered acquisition program” means any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act (15 U.S.C. 631 et seq.).
• 10 U.S.C. § 4062(l)(5)

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  (5) The authority to carry out the pilot program under this subsection shall terminate on January 7, 2021.
• 10 U.S.C. § 4066(a)

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  (a) The Under Secretary of Defense for Research and Engineering shall carry out a Global Research Watch program in accordance with this section.
• 10 U.S.C. § 4066(b)

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  (b) The goals of the program are as follows:

  (1) To monitor and analyze the basic and applied research activities and capabilities of foreign nations and private sector persons in areas of military interest, including allies and competitors.

  (2) To provide standards for comparison and comparative analysis of research capabilities of foreign nations and private sector persons in relation to the research capabilities of the United States.

  (3) To assist Congress and Department of Defense officials in making investment decisions for research in technical areas where the United States may not be the global leader.

  (4) To identify areas where significant opportunities for cooperative research may exist.

  (5) To coordinate and promote the international cooperative research and analysis activities of each of the armed forces and Defense Agencies.

  (6) To establish and maintain an electronic database on international research capabilities, comparative assessments of capabilities, cooperative research opportunities, and ongoing cooperative programs.
• 10 U.S.C. § 4066(b)(6)

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  (6) To establish and maintain an electronic database on international research capabilities, comparative assessments of capabilities, cooperative research opportunities, and ongoing cooperative programs.
• 10 U.S.C. § 4066(c)

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  (c) The program shall be focused on research and technologies at a technical maturity level equivalent to Department of Defense basic and applied research programs.
• 10 U.S.C. § 4066(d)(1)

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  (1) The Under Secretary shall coordinate the program with the international cooperation and analysis activities of the military departments and Defense Agencies.
• 10 U.S.C. § 4066(d)(2)

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  (2) The Secretaries of the military departments and the directors of the Defense Agencies shall provide the Under Secretary of Defense for Research and Engineering such assistance as the Under Secretary may require for purposes of the program.
• 10 U.S.C. § 4066(e)

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  (e) Information in electronic databases of the Global Research Watch program shall be maintained in unclassified form and, as determined necessary by the Under Secretary of Defense for Research and Engineering, in classified form in such databases.
• 10 U.S.C. § 4066(f)

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  (f) The requirement to carry out the program under this section shall terminate on September 30, 2035.
• 10 U.S.C. § 4067(b)(1)

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  (1) Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
• 10 U.S.C. § 4067(c)(4)

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  (4) The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.
• 10 U.S.C. § 4091(a)(3)

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  (3) The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or an advanced degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
• 10 U.S.C. § 4092(a)(1)

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  (1) The Secretary of Defense may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for such laboratories of the military departments as the Secretary shall designate for purposes of the program for research and development projects of such laboratories.
• 10 U.S.C. § 4092(a)(2)

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  (2) The Director of the Defense Advanced Research Projects Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.
• 10 U.S.C. § 4092(a)(3)

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  (3) The Director of the Office of Operational Test and Evaluation may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support operational test and evaluation missions of the Office.
• 10 U.S.C. § 4092(a)(4)

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  (4) The Director of the Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office.
• 10 U.S.C. § 4092(a)(5)

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  (5) The Director of the Defense Innovation Unit may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Unit.
• 10 U.S.C. § 4092(a)(6)

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  (6) The official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support the activities of such official under section 238 of such Act. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.
• 10 U.S.C. § 4092(a)(7)

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  (7) The Director of the National Geospatial-Intelligence Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.
• 10 U.S.C. § 4092(a)(8)

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  (8) The Director of the Space Development Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency. The authority to carry out the program under this paragraph shall terminate on December 31, 2030.
• 10 U.S.C. § 4092(a)(9)

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  (9) The Commander of United States Cyber Command may carry out a program of personnel management authority provided in subsection (b) in order to facilitate the recruitment of eminent experts in computer science, data science, engineering, mathematics, and computer network exploitation within the headquarters of United States Cyber Command and the Cyber National Mission Force.
• 10 U.S.C. § 4092(a)(10)

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  (10) The Under Secretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office of the Under Secretary.
• 10 U.S.C. § 4092(a)(11)

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  (11) The Director of the Office of Strategic Capital may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in finance and investment for the Office.
• 10 U.S.C. § 4092(b)

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  (b) Under a program under subsection (a), the official responsible for administration of the program may—

  (1) without regard to any provision of title 5 governing the appointment of employees in the civil service—

  (A) in the case of the laboratories of the military departments designated pursuant to subsection (a)(1), appoint scientists and engineers to a total of not more than 40 scientific and engineering positions in such laboratories;

  (B) in the case of the Defense Advanced Research Projects Agency, appoint individuals to a total of not more than 140 positions in the Agency;

  (C) in the case of the Office of Operational Test and Evaluation, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;

  (D) in the case of the Strategic Capabilities Office, appoint scientists and engineers to a total of not more than 20 scientific and engineering positions in the Office, of which not more than 5 such positions may be positions of administration or management of the Office;

  (E) in the case of the Defense Innovation Unit, appoint scientists and engineers to a total of not more than 35 scientific and engineering positions in the Unit, of which not more than 5 such positions may be positions of administration or management of the Unit;

  (F) in the case of the office of the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in support of the activities of such official under section 238 of such Act;

  (G) in the case of the National Geospatial-Intelligence Agency, appoint individuals to a total of not more than 7 positions in the Agency, of which not more than 2 such positions may be positions of administration or management in the Agency;

  (H) in the case of the Space Development Agency, appoint individuals to a total of not more than 25 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency;

  (I) in the case of United States Cyber Command, appoint computer scientists, data scientists, engineers, mathematicians, and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command;

  (J) in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office; and

  (K) in the case of the Office of Strategic Capital, appoint individuals to a total of not more than 30 positions in the Office;

  (2) notwithstanding any provision of title 5 governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1)—

  (A) in the case of employees appointed pursuant to subparagraphs (B), (D), (E), (H), and (K) of paragraph (1), at a rate to be determined by the head of the organization concerned up to 150 percent of the total annual compensation payable to the Vice President under section 104 of title 3;

  (B) in the case of employees appointed pursuant to paragraph (1)(G), to any of 2 positions of administration or management designated by the Director of the National Geospatial-Intelligence Agency for purposes of this subparagraph; and

  (C) in the case of any other employee appointed pursuant to paragraph (1), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5;

  (3) pay any employee appointed under paragraph (1), other than an employee appointed to a position designated as described in paragraph (2)(A), payments in addition to basic pay within the limit applicable to the employee under subsection (d); and

  (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).
• 10 U.S.C. § 4092(c)(2)

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  (2) The official responsible for the administration of a program under subsection (a) may, in the case of a particular employee under the program, extend the period to which service is limited under paragraph (1) by up to two years if the official determines that such action is necessary to promote the efficiency of a laboratory of a military department, the Defense Advanced Research Projects Agency, the Office of Operational Test and Evaluation, the Strategic Capabilities Office, the Defense Innovation Unit, the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Space Development Agency, or the National Geospatial-Intelligence Agency, as applicable.
• 10 U.S.C. § 4093(a)

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  (a) The Secretary of Defense shall carry out a program to provide financial assistance for education in science, mathematics, engineering, and technology skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense and are needed in the Department of Defense workforce.
• 10 U.S.C. § 4093(b)(1)

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  (1) Under the program under this section, the Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who—

  (A) is a citizen of the United States or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995;

  (B) is pursuing an associates degree, undergraduate degree, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and

  (C) enters into a service agreement with the Secretary of Defense as described in subsection (c).
• 10 U.S.C. § 4093(b)(1)(A)

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  (A) is a citizen of the United States or, subject to subsection (g), a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995;
• 10 U.S.C. § 4093(d)(1)

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  (1) may, without regard to any provision of title 5 governing appointment of employees to competitive service positions within the Department of Defense, appoint to a position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment, owes a service commitment to the Department;
• 10 U.S.C. § 4093(e)(1)(A)

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  (A) A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary.
• 10 U.S.C. § 4093(e)(1)(B)

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  (B) A participant in the program under this section who is an employee of the Department of Defense and who—

  (i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or

  (ii) before completion of the period of obligated service required of such participant—

  (I) voluntarily terminates such participant’s employment with the Department; or

  (II) is removed from such participant’s employment with the Department on the basis of misconduct,

  shall refund the United States an appropriate amount, as determined by the Secretary.
• 10 U.S.C. § 4093(e)(1)(B)(i)

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  (i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or
• 10 U.S.C. § 4093(f)(2)

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  (2) The Secretary of Defense shall seek to enter into partnerships with minority institutions of higher education and appropriate public and private sector organizations to diversify the participants in the program under subsection (a).
• 10 U.S.C. § 4093(f)(3)

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  (3) In coordination with the efforts under paragraph (2), the Secretary of Defense shall additionally establish a program, which shall be known as the “Ronald V. Dellums Memorial Fellowship in STEM”, to provide financial assistance under this section to at least 30 students from communities that are underrepresented in the Department of Defense STEM workforce, not fewer of 50 percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program, the Secretary shall establish an internship program that provides each student who is awarded a fellowship under this paragraph with an internship in an organization or element of the Department of Defense, and to the extent practicable, each such student shall be paired with a mid-level or a senior-level official of the relevant organization or element of the Department of Defense who shall serve as a mentor during the internship.
• 10 U.S.C. § 4093(g)(2)(A)

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  (A) has not previously been awarded a scholarship or fellowship under the program under this section;
• 10 U.S.C. § 4093(g)(2)(C)

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  (C) is a citizen of a country the government of which is a party to The Technical Cooperation Program (TTCP) memorandum of understanding of October 24, 1995.
• 10 U.S.C. § 4094(a)

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  (a) The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
• 10 U.S.C. § 4094(b)

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  (b) The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
• 10 U.S.C. § 4123(a)(1)(B)

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  (B) To fund development programs that support the transition of technologies developed by the defense laboratory or test organization into operational use.
• 10 U.S.C. § 4124(a)(3)

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  (3) The Secretary of Defense, acting through the directors of the Centers, may conduct one or more pilot programs, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Directors determine could—

  (A) improve the efficiency and effectiveness of operations at Centers;

  (B) improve the support provided by the Centers for the elements of the Department of Defense who use the services of the Centers; and

  (C) enhance capabilities by reducing the cost and improving the performance and efficiency of executing laboratory missions.
• 10 U.S.C. § 4127(d)(4)

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  (4) Carry out programs, projects, and other activities to strengthen the national security innovation base.
• 10 U.S.C. § 4128(a)(1)

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  (1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program under which the Secretary shall establish the panels described in subsection (b) and direct such panels—

  (A) to review and make recommendations to the Secretary with respect to—

  (i) existing policies and practices affecting the science and technology reinvention laboratories to improve the mission effectiveness of such laboratories;

  (ii) new initiatives proposed by the science and technology reinvention laboratories; and

  (iii) new interpretations of existing provisions of law that would enhance the ability of a director of a science and technology reinvention laboratory to manage the laboratory and discharge the mission of the laboratory;

  (B) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and

  (C) to conduct assessments or data analysis on the effectiveness of the authorities granted to the science and technology reinvention laboratories and such other issues as the Secretary determines to be appropriate.
• 10 U.S.C. § 4128(a)(2)

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  (2) The program carried out pursuant to paragraph (1) shall be known as the “Laboratory Quality Enhancement Program”.
• 10 U.S.C. § 4129(d)(3)(B)

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  (B) to ensure sustainment of enduring capability needs across the life-cycle of Department of Defense programs and determine the sustainment factors related to the assurance of future hardware and software systems;
• 10 U.S.C. § 4129(d)(3)(C)

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  (C) to increase efficiencies across Department of Defense programs through the use of emerging assurance technologies; and
• 10 U.S.C. § 4129(d)(6)(C)

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  (C) support development of guides to inform use and decision-making by program evaluators, program offices, and industry to meet software and hardware assurance requirements.
• 10 U.S.C. § 4142(b)

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  (b) The goal of any activity conducted pursuant to this section shall be to provide academic analyses and policy alternatives for innovation in defense acquisition policies and practices to policymakers in the Federal Government by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstration and pilot programs of innovative acquisition policies and practices.
• 10 U.S.C. § 4142(c)(2)

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  (2) Pilot programs to prototype and demonstrate new acquisition practices for potential transition to wider use in the Department of Defense.
• 10 U.S.C. § 4144(a)(1)

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  (1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation activities.
• 10 U.S.C. § 4144(a)(2)

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  (2) The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering.
• 10 U.S.C. § 4144(b)

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  (b) The objective of the program established by subsection (a)(1) is to enhance defense-related research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to—

  (1) enhance the research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary;

  (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense;

  (3) increase the number of graduates from such institutions engaged in disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and

  (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry.
• 10 U.S.C. § 4144(b)(2)

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  (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense;
• 10 U.S.C. § 4144(c)

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  (c) Under the program established by subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following:

  (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation.

  (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense.

  (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense.

  (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions.
• 10 U.S.C. § 4144(e)

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  (e) The Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department.
• 10 U.S.C. § 4145(a)

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  (a) The Secretary of Defense and the Secretaries of the military departments shall jointly carry out a program to demonstrate methods for the more effective development of technology and management of functions at eligible centers.
• 10 U.S.C. § 4145(b)

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  (b) For purposes of the program, the eligible centers are—

  (1) the science and technology reinvention laboratories, as designated by section 4121(b) of this title;

  (2) the test and evaluation centers which are activities specified as part of the Major Range and Test Facility Base in Department of Defense Directive 3200.11 (or any successor document);

  (3) the Defense Advanced Research Projects Agency;

  (4) the Defense Innovation Unit; and

  (5) the Strategic Capabilities Office.
• 10 U.S.C. § 4171(a)(1)

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  (1) The Secretary of Defense shall provide that a covered major defense acquisition program, a covered designated major subprogram, or an element of the ballistic missile defense system may not proceed beyond low-rate initial production until initial operational test and evaluation of the program, subprogram, or element is completed.
• 10 U.S.C. § 4171(b)(1)

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  (1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program.
• 10 U.S.C. § 4171(b)(4)

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  (4) A final decision within the Department of Defense to proceed with a major defense acquisition program beyond low-rate initial production may not be made until the Director has submitted to the Secretary of Defense the report with respect to that program under paragraph (2) and the congressional defense committees have received that report.
• 10 U.S.C. § 4171(b)(5)

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  (5) If, before a final decision described in paragraph (4) is made for a major defense acquisition program, a decision is made within the Department of Defense to proceed to operational use of that program or to make procurement funds available for that program, the Director shall submit to the Secretary of Defense and the congressional defense committees the report with respect to that program under paragraph (2) as soon as practicable after the decision described in this paragraph is made.
• 10 U.S.C. § 4171(g)

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  (g) As part of the annual report of the Director under section 139 of this title, the Director shall describe for each program covered in the report the status of test and evaluation activities in comparison with the test and evaluation master plan for that program, as approved by the Director. The Director shall include in such annual report a description of each waiver granted under subsection (e)(2) since the last such report.
• 10 U.S.C. § 4171(h)(3)

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  (3) an analysis of system requirements, engineering proposals, design specifications, or any other information contained in program documents.
• 10 U.S.C. § 4172(a)(1)(B)

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  (B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.
• 10 U.S.C. § 4172(a)(2)

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  (2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until—

  (A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and

  (B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.
• 10 U.S.C. § 4172(a)(2)(B)

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  (B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.
• 10 U.S.C. § 4172(b)(1)

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  (1) Survivability and lethality tests required under subsection (a) shall be carried out sufficiently early in the development phase of the system or program (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the system, munition, or missile) before proceeding beyond low-rate initial production.
• 10 U.S.C. § 4172(c)(1)

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  (1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary determines that live-fire testing of such system or program would be unreasonably expensive and impractical and submits a certification of that determination to Congress—

  (A) before Milestone B approval for the system or program; or

  (B) in the case of a system or program initiated at—

  (i) Milestone B, as soon as is practicable after the Milestone B approval; or

  (ii) Milestone C, as soon as is practicable after the Milestone C approval.
• 10 U.S.C. § 4172(c)(1)(A)

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  (A) before Milestone B approval for the system or program; or
• 10 U.S.C. § 4172(c)(1)(B)

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  (B) in the case of a system or program initiated at—

  (i) Milestone B, as soon as is practicable after the Milestone B approval; or

  (ii) Milestone C, as soon as is practicable after the Milestone C approval.
• 10 U.S.C. § 4172(c)(2)

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  (2) In the case of a covered system (or covered product improvement program for a covered system), the Secretary may waive the application of the survivability and lethality tests of this section to such system or program and instead allow testing of the system or program in combat by firing munitions likely to be encountered in combat at components, subsystems, and subassemblies, together with performing design analyses, modeling and simulation, and analysis of combat data. Such alternative testing may not be carried out in the case of any covered system (or covered product improvement program for a covered system) unless the Secretary certifies to Congress, before the system or program enters system development and demonstration, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.
• 10 U.S.C. § 4172(c)(3)

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  (3) The Secretary shall include with any certification under paragraph (1) or (2) a report explaining how the Secretary plans to evaluate the survivability or the lethality of the system or program and assessing possible alternatives to realistic survivability testing of the system or program.
• 10 U.S.C. § 4172(e)(1)(B)

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  (B) any other system or program designated by the Secretary of Defense for purposes of this section.
• 10 U.S.C. § 4172(e)(2)

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  (2) The term “major munitions program” means—

  (A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or

  (B) a conventional munitions program that is a major system within the meaning of that term in section 3041 of this title.
• 10 U.S.C. § 4172(e)(2)(A)

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  (A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or
• 10 U.S.C. § 4172(e)(2)(B)

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  (B) a conventional munitions program that is a major system within the meaning of that term in section 3041 of this title.
• 10 U.S.C. § 4172(e)(3)

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  (3) The term “realistic survivability testing” means, in the case of a covered system (or a covered product improvement program for a covered system), testing for vulnerability of the system in combat by firing munitions likely to be encountered in combat (or munitions with a capability similar to such munitions) at the system configured for combat, with the primary emphasis on testing vulnerability with respect to potential user casualties and taking into equal consideration the susceptibility to attack and combat performance of the system.
• 10 U.S.C. § 4172(e)(4)

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  (4) The term “realistic lethality testing” means, in the case of a major munitions program or a missile program (or a covered product improvement program for such a program), testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat.
• 10 U.S.C. § 4172(e)(6)

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  (6) The term “covered product improvement program” means a program under which—

  (A) a modification or upgrade will be made to a covered system which (as determined by the Secretary of Defense) is likely to affect significantly the survivability of such system; or

  (B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.
• 10 U.S.C. § 4172(e)(6)(B)

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  (B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.
• 10 U.S.C. § 4172(e)(7)

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  (7) The term “Milestone B approval” means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
• 10 U.S.C. § 4172(e)(8)

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  (8) The term “Milestone C approval” means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
• 10 U.S.C. § 4173(c)(1)(E)

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  (E) To administer the Central Test and Evaluation Investment Program and the program of the Department of Defense for test and evaluation science and technology.
• 10 U.S.C. § 4173(e)(1)

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  (1) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require that the Secretary of each military department and the head of each Defense Agency with test and evaluation responsibilities transmit such Secretary’s or Defense Agency head’s proposed budget for test and evaluation activities, including modeling and simulation activities, for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Director of the Center for review under paragraph (2) before submitting such proposed budget to the Under Secretary of Defense (Comptroller).
• 10 U.S.C. § 4174(d)(1)

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  (1) In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other elements of the Department of Defense, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.
• 10 U.S.C. § 4201(a)

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  (a) Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—

  (1) that is designated by the Secretary of Defense as a major defense acquisition program; or

  (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—

  (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or

  (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
• 10 U.S.C. § 4201(a)(2)

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  (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—

  (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or

  (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
• 10 U.S.C. § 4201(b)(1)

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  (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title.
• 10 U.S.C. § 4201(b)(2)

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  (2) An acquisition program for a defense business system (as defined in section 2222(i)(1) of this title) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2223a note).¹
• 10 U.S.C. § 4201(b)(3)

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  (3) An acquisition program for software and covered hardware as described by section 3603 of this title.
• 10 U.S.C. § 4203(b)(1)

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  (1) If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this subpart shall reflect cost, schedule, and performance information—

  (A) for the major defense acquisition program as a whole (other than as provided in paragraph (2)); and

  (B) for each major subprogram of the major defense acquisition program so designated.
• 10 U.S.C. § 4204(a)

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  (a) The milestone decision authority for a major defense acquisition program reaching Milestone A after October 1, 2016, shall be the service acquisition executive of the military department that is managing the program, unless the Secretary of Defense designates, under subsection (b), another official to serve as the milestone decision authority.
• 10 U.S.C. § 4204(b)

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  (b) The Secretary of Defense may designate an alternate milestone decision authority for a program with respect to which any of the following applies:

  (1) Subject to subsection (f), the Secretary determines that the program is addressing a joint requirement.

  (2) The Secretary determines that the program is best managed by a Defense Agency.

  (3) The program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title.

  (4) The program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement.

  (5) The Secretary determines that an alternate official serving as the milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes.
• 10 U.S.C. § 4204(b)(1)

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  (1) Subject to subsection (f), the Secretary determines that the program is addressing a joint requirement.
• 10 U.S.C. § 4204(b)(2)

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  (2) The Secretary determines that the program is best managed by a Defense Agency.
• 10 U.S.C. § 4204(b)(3)

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  (3) The program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title.
• 10 U.S.C. § 4204(b)(4)

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  (4) The program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement.
• 10 U.S.C. § 4204(b)(5)

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  (5) The Secretary determines that an alternate official serving as the milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes.
• 10 U.S.C. § 4204(c)(1)

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  (1) After designating an alternate milestone decision authority under subsection (b) for a program, the Secretary of Defense may revert the position of milestone decision authority for the program back to the service acquisition executive upon request of the Secretary of the military department concerned. A decision on the request shall be made within 180 days after receipt of the request from the Secretary of the military department concerned.
• 10 U.S.C. § 4204(c)(2)

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  (2) If the Secretary of Defense denies the request for reversion of the milestone decision authority back to the service acquisition executive, the Secretary shall report to the congressional defense committees on the basis of the Secretary’s decision that an alternate official serving as milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes. No such reversion is authorized after a program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title, except in exceptional circumstances.
• 10 U.S.C. § 4204(d)(1)

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  (1) certify that program requirements are stable and funding is adequate to meet cost, schedule, and performance objectives for the program; and
• 10 U.S.C. § 4204(d)(2)

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  (2) identify and report to the congressional defense committees on any increased risk to the program since the last report.
• 10 U.S.C. § 4204(e)(1)

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  (1) limit outside requirements for documentation to an absolute minimum on those programs where the service acquisition executive of the military department that is managing the program is the milestone decision authority; and
• 10 U.S.C. § 4204(e)(2)

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  (2) ensure that any policies, procedures, and activities related to oversight efforts conducted outside of the military departments with regard to major defense acquisition programs shall be implemented in a manner that does not unnecessarily increase program costs or impede program schedules.
• 10 U.S.C. § 4205(b)(4)(A)

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  (A) The most efficient production rate, the most efficient acquisition rate, and the minimum sustaining rate, consistent with the program priority established for such weapon system by the Secretary concerned.
• 10 U.S.C. § 4211(b)

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  (b) For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, is responsible for issuing and maintaining the requirements for—

  (1) the content of the strategy; and

  (2) the review and approval process for the strategy.
• 10 U.S.C. § 4211(c)(1)

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  (1) In issuing requirements for the content of an acquisition strategy for a major defense acquisition program or major system, the Under Secretary, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, shall ensure that—

  (A) the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;

  (B) the strategy contains a clear explanation of the resources, such as time, funding, and management capacity, necessary to meet capability requirements;

  (C) the strategy is tailored to address program requirements and constraints; and

  (D) the strategy considers the items listed in paragraph (2).
• 10 U.S.C. § 4211(c)(1)(A)

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  (A) the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;
• 10 U.S.C. § 4211(c)(1)(C)

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  (C) the strategy is tailored to address program requirements and constraints; and
• 10 U.S.C. § 4211(c)(2)(G)

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  (G) An assignment of roles and responsibilities of key personnel of the acquisition workforce, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services, in order to deliver the desired capabilities.
• 10 U.S.C. § 4211(d)

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  (d) The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions.
• 10 U.S.C. § 4211(e)

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  (e) In this section, the term “decision authority”, with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process.
• 10 U.S.C. § 4212(a)(2)

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  (2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency.
• 10 U.S.C. § 4212(b)(3)

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  (3) Technology demonstrations and decision points for disciplined transition of planned technologies into programs or the selection of alternative technologies.
• 10 U.S.C. § 4212(b)(6)

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  (6) Phasing of program activities or related technology development efforts in order to address high-risk areas as early as feasible.
• 10 U.S.C. § 4212(c)

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  (c) To the maximum extent practicable and consistent with the economical use of available financial resources, the milestone decision authority for each major defense acquisition program shall ensure that the acquisition strategy for the program provides for—

  (1) the production of competitive prototypes at the system or subsystem level before Milestone B approval; or

  (2) if the production of competitive prototypes is not practicable, the production of single prototypes at the system or subsystem level.
• 10 U.S.C. § 4212(d)

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  (d) In this section, the term “concurrency” means, with respect to an acquisition strategy, the combination or overlap of program phases or activities.
• 10 U.S.C. § 4214(a)(1)

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  (1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
• 10 U.S.C. § 4214(b)

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  (b) No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
• 10 U.S.C. § 4214(c)

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  (c) A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—

  (1) before the program or subprogram enters system development and demonstration;

  (2) before the program or subprogram enters production and deployment; and

  (3) before the program or subprogram enters full rate production.
• 10 U.S.C. § 4214(c)(1)

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  (1) before the program or subprogram enters system development and demonstration;
• 10 U.S.C. § 4214(c)(2)

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  (2) before the program or subprogram enters production and deployment; and
• 10 U.S.C. § 4214(c)(3)

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  (3) before the program or subprogram enters full rate production.
• 10 U.S.C. § 4214(d)(1)

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  (1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system development and demonstration, or at program or subprogram initiation, whichever occurs later, without adjustment or revision (except as provided in paragraph (2)).
• 10 U.S.C. § 4214(d)(2)

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  (2) An adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program may be treated as the original Baseline Estimate for the program or subprogram for purposes of this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program or subprogram under sections 4371 through 4375 of this title, as determined by the Secretary of the military department concerned under section 4374 of this title.
• 10 U.S.C. § 4214(d)(3)

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  (3) In the event of an adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under section 4351 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.
• 10 U.S.C. § 4214(e)(2)

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  (2) The submission to the Secretary of the military department concerned and the Under Secretary of Defense for Acquisition and Sustainment by the program manager for a program for which there is an approved baseline description (or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms) under this section of reports of deviations from any such baseline description of the cost, schedule, performance, supportability, or any other factor of the program or subprogram.
• 10 U.S.C. § 4231(a)(5)

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  (5) The Secretary of Defense shall include a statement of the quantity determined under paragraph (1) in the first SAR submitted with respect to the program concerned after that quantity is determined. If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone B decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity. For purposes of this paragraph, the term “SAR” means a Selected Acquisition Report submitted under section 4351 of this title.
• 10 U.S.C. § 4231(c)

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  (c) With respect to naval vessel programs and military satellite programs, low-rate initial production is production of items at the minimum quantity and rate that (1) preserves the mobilization production base for that system, and (2) is feasible, as determined pursuant to regulations prescribed by the Secretary of Defense.
• 10 U.S.C. § 4251(a)

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  (a) Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the milestone decision authority for the program or subprogram shall ensure that—

  (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase;

  (2) the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and

  (3) there are sound plans for progression of the program or subprogram to the development phase.
• 10 U.S.C. § 4251(a)(1)

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  (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase;
• 10 U.S.C. § 4251(a)(2)

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  (2) the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and
• 10 U.S.C. § 4251(a)(3)

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  (3) there are sound plans for progression of the program or subprogram to the development phase.
• 10 U.S.C. § 4251(b)(1)

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  (1) The program or subprogram fulfills an approved requirements document.
• 10 U.S.C. § 4251(b)(2)

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  (2) The program or subprogram has conducted appropriate market research.
• 10 U.S.C. § 4251(b)(5)

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  (5) An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
• 10 U.S.C. § 4251(b)(6)

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  (6) A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution.
• 10 U.S.C. § 4251(b)(7)

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  (7) The program or subprogram meets any other considerations the milestone decision authority considers relevant.
• 10 U.S.C. § 4251(d)(1)

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  (1) Not later than 15 days after granting Milestone A approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision.
• 10 U.S.C. § 4251(e)(2)

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  (2) The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
• 10 U.S.C. § 4251(e)(4)

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  (4) The term “milestone decision authority”, with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process.
• 10 U.S.C. § 4252(a)

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  (a) Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—

  (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;

  (2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and

  (3) there are sound plans for progression of the program or subprogram to the production phase.
• 10 U.S.C. § 4252(a)(1)

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  (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
• 10 U.S.C. § 4252(a)(2)

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  (2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
• 10 U.S.C. § 4252(a)(3)

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  (3) there are sound plans for progression of the program or subprogram to the production phase.
• 10 U.S.C. § 4252(b)(1)

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  (1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
• 10 U.S.C. § 4252(b)(2)

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  (2) The technology in the program or subprogram has been demonstrated in a relevant environment.
• 10 U.S.C. § 4252(b)(3)

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  (3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
• 10 U.S.C. § 4252(b)(4)

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  (4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
• 10 U.S.C. § 4252(b)(5)

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  (5) The estimated procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under section 4214 of this title) have been established.
• 10 U.S.C. § 4252(b)(6)

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  (6) Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph (4) for the program or subprogram.
• 10 U.S.C. § 4252(b)(8)

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  (8) The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
• 10 U.S.C. § 4252(b)(11)

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  (11) The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.
• 10 U.S.C. § 4252(b)(12)

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  (12) Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.
• 10 U.S.C. § 4252(b)(13)

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  (13) The program or subprogram has an approved life cycle sustainment plan required under section 4324(b) of this title.
• 10 U.S.C. § 4252(b)(14)

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  (14) In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of section 8669b of this title.
• 10 U.S.C. § 4252(d)(1)

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  (1) The program manager for a major defense acquisition program that has received a written record of the milestone decision under subsection (c) shall immediately notify the milestone decision authority of any changes to the program or a designated major subprogram of such program that—

  (A) alter the substantive basis for the decision of the milestone decision authority relating to any component of such decision specified in subsection (b); or

  (B) otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such decision.
• 10 U.S.C. § 4252(d)(1)(B)

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  (B) otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such decision.
• 10 U.S.C. § 4252(e)(1)

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  (1) Not later than 15 days after granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision.
• 10 U.S.C. § 4252(f)(1)

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  (1) The term “milestone decision authority”, with respect to a major defense acquisition program, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process.
• 10 U.S.C. § 4252(f)(5)

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  (5) The term “written record of milestone decision”, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.
• 10 U.S.C. § 4253(a)

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  (a) Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following:

  (1) The estimated cost and schedule for the program established by the military department concerned, including—

  (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and

  (B) the planned dates for initial operational test and evaluation and initial operational capability.

  (2) The independent estimated cost for the program established pursuant to section 3221(b)(6) of this title, and any independent estimated schedule for the program, including—

  (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and

  (B) the planned dates for initial operational test and evaluation and initial operational capability.

  (3) A summary of any production, manufacturing, and fielding risks associated with the program.

  (4) An assessment of the sufficiency of the developmental test and evaluation completed, including the use of automated data analytics or modeling and simulation tools and methodologies.
• 10 U.S.C. § 4253(a)(1)

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  (1) The estimated cost and schedule for the program established by the military department concerned, including—

  (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and

  (B) the planned dates for initial operational test and evaluation and initial operational capability.
• 10 U.S.C. § 4253(a)(2)

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  (2) The independent estimated cost for the program established pursuant to section 3221(b)(6) of this title, and any independent estimated schedule for the program, including—

  (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and

  (B) the planned dates for initial operational test and evaluation and initial operational capability.
• 10 U.S.C. § 4253(a)(3)

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  (3) A summary of any production, manufacturing, and fielding risks associated with the program.
• 10 U.S.C. § 4271(a)(1)

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  (1) Before funds are obligated for technology development, systems development, or production of a major defense acquisition program, the designated milestone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program will—

  (A) be affordable;

  (B) incorporate program planning that anticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and

  (C) be fielded when needed.
• 10 U.S.C. § 4271(a)(1)(B)

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  (B) incorporate program planning that anticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and
• 10 U.S.C. § 4272(a)

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  (a) With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments before any decision to grant Milestone B approval for the program pursuant to section 4252 of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment.
• 10 U.S.C. § 4273(a)(2)

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  (2) The Secretary shall ensure that the senior official designated under paragraph (1) is not responsible for program execution.
• 10 U.S.C. § 4273(b)(5)(C)

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  (C) in the course of consideration of any decision to request authorization of a multiyear procurement contract for the program.
• 10 U.S.C. § 4273(c)(1)

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  (1) The cost, schedule, and performance of the program, relative to current metrics, including performance requirements and baseline descriptions.
• 10 U.S.C. § 4273(c)(2)

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  (2) The extent to which the level of program cost, schedule, and performance predicted relative to such metrics is likely to result in the timely delivery of a level of capability to the warfighter that is consistent with the level of resources to be expended and provides superior value to alternative approaches that may be available to meet the same military requirement.
• 10 U.S.C. § 4273(d)

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  (d) For purposes of this section and sections 4376 and 4377 of this title, a root cause analysis with respect to a major defense acquisition program is an assessment of the underlying cause or causes of shortcomings in cost, schedule, or performance of the program, including the role, if any, of—

  (1) unrealistic performance expectations;

  (2) unrealistic baseline estimates for cost or schedule;

  (3) immature technologies or excessive manufacturing or integration risk;

  (4) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;

  (5) changes in procurement quantities;

  (6) inadequate program funding or funding instability;

  (7) poor performance by government or contractor personnel responsible for program management; or

  (8) any other matters.
• 10 U.S.C. § 4273(d)(4)

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  (4) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
• 10 U.S.C. § 4273(d)(6)

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  (6) inadequate program funding or funding instability;
• 10 U.S.C. § 4273(d)(7)

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  (7) poor performance by government or contractor personnel responsible for program management; or
• 10 U.S.C. § 4293(a)

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  (a) The Secretary of Defense shall plan and establish an incentive program in accordance with this section for contractors to purchase capital assets manufactured in the United States in part with funds available to the Department of Defense.
• 10 U.S.C. § 4293(b)

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  (b) The Secretary of Defense may use the Defense Industrial Capabilities Fund, established under section 814 of the National Defense Authorization Act for Fiscal Year 2004, for incentive payments under the program established under this section.
• 10 U.S.C. § 4293(c)

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  (c) The incentive program shall apply to contracts for the procurement of a major defense acquisition program.
• 10 U.S.C. § 4321(a)(1)

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  (1) The Secretary of Defense shall require that, whenever a new major defense acquisition program begins development, the defense acquisition authority responsible for that program shall develop a plan (to be known as a “sustainment plan”) for the existing system that the system under development is intended to replace. Any such sustainment plan shall provide for an appropriate level of budgeting for sustaining the existing system until the replacement system to be developed under the major defense acquisition program is fielded and assumes the majority of responsibility for the mission of the existing system. This section does not apply to a major defense acquisition that reaches initial operational capability before October 1, 2008.
• 10 U.S.C. § 4323(a)(3)

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  (3) inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future-years defense program required by section 221 of this title.
• 10 U.S.C. § 4323(b)(2)

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  (2) A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future-years defense program required by section 221 of this title.
• 10 U.S.C. § 4324(d)(3)(C)

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  (C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title.
• 10 U.S.C. § 4328(d)(3)

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  (3) In carrying out paragraph (2), the program manager shall base determinations of a contractor’s performance on reliability and maintainability data collected during the program. Such data collection and associated evaluation metrics shall be described in detail in the covered contract. To the maximum extent practicable, such data shall be shared with appropriate contractor and government organizations.
• 10 U.S.C. § 4351(a)(1)

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  (1) The term “program acquisition unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program.
• 10 U.S.C. § 4351(a)(2)

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  (2) The term “procurement unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total of all funds programmed to be available for obligation for procurement for the program, divided by (B) the number of fully-configured end items to be procured.
• 10 U.S.C. § 4351(a)(3)

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  (3) The term “major contract”, with respect to a major defense acquisition program, means each of the six largest prime, associate, or Government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, fixed price contract.
• 10 U.S.C. § 4351(b)(1)

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  (1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on current major defense acquisition programs and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars). Except as provided in paragraphs (2) and (3), each such report shall include a status report on each defense acquisition program that at the end of such quarter is a major defense acquisition program. Reports under this section shall be known as Selected Acquisition Reports.
• 10 U.S.C. § 4351(b)(2)(A)

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  (A) less than a 15 percent increase in program acquisition unit cost and current procurement unit cost for the program (or for each designated subprogram under the program); and
• 10 U.S.C. § 4351(b)(2)(B)

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  (B) less than a six-month delay in any program schedule milestone shown in the Selected Acquisition Report.
• 10 U.S.C. § 4351(b)(3)(A)

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  (A) The Secretary of Defense may waive the requirement for submission of Selected Acquisition Reports for a program for a fiscal year if—

  (i) the program has not entered system development and demonstration;

  (ii) a reasonable cost estimate has not been established for such program; and

  (iii) the system configuration for such program is not well defined.
• 10 U.S.C. § 4351(b)(3)(A)(i)

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  (i) the program has not entered system development and demonstration;
• 10 U.S.C. § 4351(b)(3)(A)(ii)

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  (ii) a reasonable cost estimate has not been established for such program; and
• 10 U.S.C. § 4351(b)(3)(A)(iii)

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  (iii) the system configuration for such program is not well defined.
• 10 U.S.C. § 4351(b)(3)(B)

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  (B) The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of each waiver under subparagraph (A) for a program for a fiscal year not later than 60 days before the President submits the budget to Congress pursuant to section 1105 of title 31 in that fiscal year.
• 10 U.S.C. § 4351(c)(1)(B)(iv)

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  (iv) the primary risk parameters associated with the current procurement cost for the program (as that term is used in subsection (e)(4));
• 10 U.S.C. § 4351(c)(1)(C)

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  (C) a summary of the history of significant developments from the date each major defense acquisition program or designated major subprogram included in the report was first included in a Selected Acquisition Report and program highlights since the last Selected Acquisition Report;
• 10 U.S.C. § 4351(c)(1)(D)

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  (D) the significant schedule and technical risks for each such program or subprogram, identified at each major milestone and as of the quarter for which the current report is submitted;
• 10 U.S.C. § 4351(c)(1)(E)

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  (E) the current program acquisition cost and program acquisition unit cost for each such program or subprogram included in the report and the history of those costs from the December 2001 reporting period to the end of the quarter for which the current report is submitted;
• 10 U.S.C. § 4351(c)(1)(F)

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  (F) the current procurement unit cost for each such program or subprogram included in the report and the history of that cost from the December 2001 reporting period to the end of the quarter for which the current report is submitted;
• 10 U.S.C. § 4351(e)(1)

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  (1) The quantity of items to be purchased under the program.
• 10 U.S.C. § 4351(e)(2)

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  (2) The program acquisition cost.
• 10 U.S.C. § 4351(e)(3)

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  (3) The program acquisition unit cost for the program (or for each designated major subprogram under the program).
• 10 U.S.C. § 4351(e)(4)

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  (4) The current procurement cost for the program.
• 10 U.S.C. § 4351(e)(5)

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  (5) The current procurement unit cost for the program (or for each designated major subprogram under the program).
• 10 U.S.C. § 4351(e)(6)

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  (6) The reasons for any change in program acquisition cost, program acquisition unit cost, procurement cost, or procurement unit cost or in program schedule from the previous Selected Acquisition Report.
• 10 U.S.C. § 4351(e)(7)

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  (7) The reasons for any significant changes (from the previous Selected Acquisition Report) in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
• 10 U.S.C. § 4351(e)(8)

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  (8) The major contracts under the program and designated major subprograms under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
• 10 U.S.C. § 4351(e)(9)

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  (9) Program highlights since the last Selected Acquisition Report.
• 10 U.S.C. § 4351(g)

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  (g) The requirements of this section with respect to a major defense acquisition program or designated major subprogram shall cease to apply after 90 percent of the items to be delivered to the United States under the program or subprogram (shown as the total quantity of items to be purchased under the program or subprogram in the most recent Selected Acquisition Report) have been delivered or 90 percent of planned expenditures under the program or subprogram have been made.
• 10 U.S.C. § 4351(h)(1)

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  (1) Total program reporting under this section shall apply to a major defense acquisition program when funds have been appropriated for such program and the Secretary of Defense has decided to proceed to system development and demonstration of such program. Reporting may be limited to the development program as provided in paragraph (2) before a decision is made by the Secretary of Defense to proceed to system development and demonstration if the Secretary notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the intention to submit a limited report under this subsection not less than 15 days before a report is due under this section.
• 10 U.S.C. § 4351(h)(2)(C)

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  (C) The major contracts under the development program and designated major subprograms under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
• 10 U.S.C. § 4351(h)(2)(D)

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  (D) Program highlights since the last Selected Acquisition Report.
• 10 U.S.C. § 4351(h)(3)

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  (3) The submission requirements for a limited report under this subsection shall be the same as for quarterly Selected Acquisition Reports for total program reporting.
• 10 U.S.C. § 4371(a)(2)(A)

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  (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of—

  (i) at least 15 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or

  (ii) at least 30 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(2)(A)(i)

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  (i) at least 15 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
• 10 U.S.C. § 4371(a)(2)(A)(ii)

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  (ii) at least 30 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(2)(B)

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  (B) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of—

  (i) at least 15 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or

  (ii) at least 30 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(2)(B)(i)

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  (i) at least 15 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
• 10 U.S.C. § 4371(a)(2)(B)(ii)

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  (ii) at least 30 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(3)(A)

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  (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of—

  (i) at least 25 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or

  (ii) at least 50 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(3)(A)(i)

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  (i) at least 25 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
• 10 U.S.C. § 4371(a)(3)(A)(ii)

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  (ii) at least 50 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(3)(B)

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  (B) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of—

  (i) at least 25 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or

  (ii) at least 50 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(3)(B)(i)

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  (i) at least 25 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
• 10 U.S.C. § 4371(a)(3)(B)(ii)

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  (ii) at least 50 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4371(a)(4)

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  (4) The term “Baseline Estimate”, with respect to a unit cost report that is submitted under this chapter to the service acquisition executive designated by the Secretary concerned on a major defense acquisition program or designated major subprogram, means the cost estimate included in the baseline description for the program or subprogram under section 4214 of this title.
• 10 U.S.C. § 4371(a)(6)

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  (6) The term “procurement program” means a program for which funds for procurement are authorized to be appropriated in a fiscal year.
• 10 U.S.C. § 4371(b)

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  (b) Reporting under this chapter shall not apply if a program has received a limited reporting waiver under section 4351(h) of this title.
• 10 U.S.C. § 4372(a)(1)

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  (1) The program manager for a major defense acquisition program (other than a program not required to be included in the Selected Acquisition Report for that quarter under section 4351(b)(3) of this title) shall, on a quarterly basis, submit to the service acquisition executive designated by the Secretary concerned a written report on the unit costs of the program (or of each designated major subprogram under the program).
• 10 U.S.C. § 4372(b)

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  (b) The program manager shall include in each such unit cost report the following information with respect to the program (as of the last day of the quarter for which the report is made):

  (1) The program acquisition unit cost for the program (or for each designated major subprogram under the program).

  (2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program).

  (3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into.

  (4) Any changes from program schedule milestones or program performances reflected in the baseline description established under section 4214 of this title that are known, expected, or anticipated by the program manager.

  (5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
• 10 U.S.C. § 4372(b)(1)

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  (1) The program acquisition unit cost for the program (or for each designated major subprogram under the program).
• 10 U.S.C. § 4372(b)(2)

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  (2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program).
• 10 U.S.C. § 4372(b)(3)

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  (3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into.
• 10 U.S.C. § 4372(b)(4)

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  (4) Any changes from program schedule milestones or program performances reflected in the baseline description established under section 4214 of this title that are known, expected, or anticipated by the program manager.
• 10 U.S.C. § 4372(b)(5)

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  (5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
• 10 U.S.C. § 4373

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  If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under section 4372 of this title determines at any time during a quarter that there is reasonable cause to believe that the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram), as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned, then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under section 4372 of this title.
• 10 U.S.C. § 4374(a)

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  (a) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
• 10 U.S.C. § 4374(b)

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  (b) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program that is a procurement program, the service acquisition executive, in addition to the determination under subsection (a), shall determine whether the procurement unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
• 10 U.S.C. § 4374(c)(1)

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  (1) If, based upon the service acquisition executive’s determination, the Secretary concerned determines that the current program acquisition unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold or that the procurement unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold, the Secretary shall notify Congress in writing of such determination and of the increase with respect to the program or subprogram concerned.
• 10 U.S.C. § 4375(a)(1)

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  (1) Except as provided in paragraph (2), whenever the Secretary concerned determines under section 4374 of this title that the program acquisition unit cost or the procurement unit cost of a major defense acquisition program or designated major subprogram has increased by a percentage equal to or greater than the significant cost growth threshold for the program or subprogram, a Selected Acquisition Report shall be submitted to Congress for the first fiscal-year quarter ending on or after the date of the determination or for the fiscal-year quarter which immediately precedes the first fiscal-year quarter ending on or after that date. The report shall include the information described in section 4351(e) of this title and shall be submitted in accordance with section 4351(f) of this title.
• 10 U.S.C. § 4375(a)(2)

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  (2) Whenever the Secretary makes a determination referred to in paragraph (1) in the case of a major defense acquisition program or designated major subprogram during the second quarter of a fiscal year and before the date on which the President transmits the budget for the following fiscal year to Congress pursuant to section 1105 of title 31, the Secretary is not required to file a Selected Acquisition Report under paragraph (1) but shall include the information described in subsection (d) regarding that program or subprogram in the comprehensive annual Selected Acquisition Report submitted in that quarter.
• 10 U.S.C. § 4375(b)

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  (b) If the program acquisition unit cost or procurement unit cost of a major defense acquisition program or designated major subprogram (as determined by the Secretary under section 4374 of this title) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense shall take actions consistent with the requirements of sections 4376 and 4377 of this title.
• 10 U.S.C. § 4375(c)(1)

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  (1) If a determination of an increase by a percentage equal to or greater than the significant cost growth threshold is made by the Secretary under section 4374 of this title and a Selected Acquisition Report containing the information described in subsection (d) is not submitted to Congress under subsection (a), or if a determination of an increase by a percentage equal to or greater than the critical cost growth threshold is made by the Secretary under section 4374 of this title and the certification of the Secretary of Defense is not submitted to Congress under subsection (b), funds appropriated for military construction, for research, development, test, and evaluation, and for procurement may not be obligated for a major contract under the program.
• 10 U.S.C. § 4375(c)(2)(A)

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  (A) on which Congress receives the Selected Acquisition Report under subsection (a) with respect to that program, in the case of a determination of an increase by a percentage equal to or greater than the significant cost growth threshold (as determined in section 4374 of this title); or
• 10 U.S.C. § 4375(c)(2)(B)

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  (B) on which Congress has received both the Selected Acquisition Report under subsection (a) and the certification of the Secretary of Defense under section 4376 with respect to that program, in the case of an increase by a percentage equal to or greater than the critical cost growth threshold (as determined under section 4374 of this title).
• 10 U.S.C. § 4375(d)(3)

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  (3) The program phase as of the date of the preparation of the report.
• 10 U.S.C. § 4375(d)(4)

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  (4) The estimate of the program acquisition cost for the program (and for each designated major subprogram under the program) as shown in the Selected Acquisition Report in which the program or subprogram was first included, expressed in constant base-year dollars and in current dollars.
• 10 U.S.C. § 4375(d)(5)

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  (5) The current program acquisition cost for the program (and for each designated major subprogram under the program) in constant base-year dollars and in current dollars.
• 10 U.S.C. § 4375(d)(6)

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  (6) A statement of the reasons for any increase in program acquisition unit cost or procurement unit cost for the program (or for any designated major subprogram under the program).
• 10 U.S.C. § 4375(d)(7)

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  (7) The completion status of the program and each designated major subprogram under the program—

  (A) expressed as the percentage that the number of years for which funds have been appropriated for the program or subprogram is of the number of years for which it is planned that funds will be appropriated for the program or subprogram; and

  (B) expressed as the percentage that the amount of funds that have been appropriated for the program or subprogram is of the total amount of funds which it is planned will be appropriated for the program or subprogram.
• 10 U.S.C. § 4375(d)(7)(A)

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  (A) expressed as the percentage that the number of years for which funds have been appropriated for the program or subprogram is of the number of years for which it is planned that funds will be appropriated for the program or subprogram; and
• 10 U.S.C. § 4375(d)(7)(B)

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  (B) expressed as the percentage that the amount of funds that have been appropriated for the program or subprogram is of the total amount of funds which it is planned will be appropriated for the program or subprogram.
• 10 U.S.C. § 4375(d)(8)

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  (8) The fiscal year in which information on the program and each designated major subprogram under the program was first included in a Selected Acquisition Report (referred to in this paragraph as the “base year”) and the date of that Selected Acquisition Report in which information on the program or subprogram was first included.
• 10 U.S.C. § 4375(d)(10)

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  (10) The current change and the total change, in dollars and expressed as a percentage, in the program acquisition unit cost for the program (or for each designated major subprogram under the program), stated both in constant base-year dollars and in current dollars.
• 10 U.S.C. § 4375(d)(11)

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  (11) The current change and the total change, in dollars and expressed as a percentage, in the procurement unit cost for the program (or for each designated major subprogram under the program), stated both in constant base-year dollars and in current dollars and the procurement unit cost for the program (or for each designated major subprogram under the program) for the succeeding fiscal year expressed in constant base-year dollars and in current year dollars.
• 10 U.S.C. § 4375(d)(12)

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  (12) The quantity of end items to be acquired under the program and the current change and total change, if any, in that quantity.
• 10 U.S.C. § 4375(d)(13)

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  (13) The identities of the military and civilian officers responsible for program management and cost control of the program.
• 10 U.S.C. § 4375(d)(14)

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  (14) The action taken and proposed to be taken to control future cost growth of the program.
• 10 U.S.C. § 4375(d)(15)

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  (15) Any changes made in the performance or schedule milestones of the program and the extent to which such changes have contributed to the increase in program acquisition unit cost or procurement unit cost for the program (or for any designated major subprogram under the program).
• 10 U.S.C. § 4375(d)(16)

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  (16) The following contract performance assessment information with respect to each major contract under the program or subprogram:

  (A) The name of the contractor.

  (B) The phase that the contract is in at the time of the preparation of the report.

  (C) The percentage of work under the contract that has been completed.

  (D) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost.

  (E) The percentage by which the contract is currently ahead of or behind schedule.

  (F) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program and any designated major subprogram under the program, contributing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule.
• 10 U.S.C. § 4375(d)(16)(F)

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  (F) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program and any designated major subprogram under the program, contributing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule.
• 10 U.S.C. § 4375(d)(17)

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  (17) In any case in which one or more problems with the software component of the program or any designated major subprogram under the program significantly contributed to the increase in program unit costs, the action taken and proposed to be taken to solve such problems.
• 10 U.S.C. § 4375(e)(1)

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  (1) If a program acquisition unit cost increase or a procurement unit cost increase for a major defense acquisition program or designated major subprogram that results in a report under this subsection is due to termination or cancellation of the entire program or subprogram, only the information specified in paragraphs (1) through (6) of subsection (d) and the percentage change in program acquisition unit cost or procurement unit cost that resulted in the report need be included in the report.
• 10 U.S.C. § 4375(e)(2)

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  (2) The certification of the Secretary of Defense under subsection (b) is not required to be submitted for termination or cancellation of a program or subprogram.
• 10 U.S.C. § 4376(a)

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  (a) If the program acquisition unit cost or procurement unit cost of a major defense acquisition program or designated subprogram (as determined by the Secretary under section 4374 of this title) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense shall—

  (1) determine the root cause or causes of the critical cost growth in accordance with applicable statutory requirements and Department of Defense policies, procedures, and guidance; and

  (2) in consultation with the Director of Cost Assessment and Program Evaluation, carry out an assessment of—

  (A) the projected cost of completing the program if current requirements are not modified;

  (B) the projected cost of completing the program based on reasonable modification of such requirements;

  (C) the rough order of magnitude of the costs of any reasonable alternative system or capability; and

  (D) the need to reduce funding for other programs due to the growth in cost of the program.
• 10 U.S.C. § 4376(a)(2)

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  (2) in consultation with the Director of Cost Assessment and Program Evaluation, carry out an assessment of—

  (A) the projected cost of completing the program if current requirements are not modified;

  (B) the projected cost of completing the program based on reasonable modification of such requirements;

  (C) the rough order of magnitude of the costs of any reasonable alternative system or capability; and

  (D) the need to reduce funding for other programs due to the growth in cost of the program.
• 10 U.S.C. § 4376(a)(2)(A)

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  (A) the projected cost of completing the program if current requirements are not modified;
• 10 U.S.C. § 4376(a)(2)(B)

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  (B) the projected cost of completing the program based on reasonable modification of such requirements;
• 10 U.S.C. § 4376(a)(2)(D)

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  (D) the need to reduce funding for other programs due to the growth in cost of the program.
• 10 U.S.C. § 4376(b)(1)

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  (1) After conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary shall terminate the program unless the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 4375(d) and (e) of this title is required to be submitted under section 4351(f) of this title, a written certification in accordance with paragraph (2).
• 10 U.S.C. § 4376(b)(2)(A)

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  (A) the continuation of the program is essential to the national security;
• 10 U.S.C. § 4376(b)(2)(B)

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  (B) there are no alternatives to the program which will provide acceptable capability at less cost;
• 10 U.S.C. § 4376(b)(2)(C)

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  (C) the new estimates of the program acquisition unit cost or procurement unit cost have been determined by the Director of Cost Assessment and Program Evaluation to be reasonable;
• 10 U.S.C. § 4376(b)(2)(D)

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  (D) the program is a higher priority than programs whose funding must be reduced to accommodate the growth in cost of the program; and
• 10 U.S.C. § 4376(b)(2)(E)

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  (E) the management structure for the program is adequate to manage and control program acquisition unit cost or procurement unit cost.
• 10 U.S.C. § 4376(c)(1)

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  (1) an explanation of the reasons for terminating the program;
• 10 U.S.C. § 4376(c)(2)

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  (2) the alternatives considered to address any problems in the program; and
• 10 U.S.C. § 4376(c)(3)

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  (3) the course the Department plans to pursue to meet any continuing military requirements otherwise intended to be met by the program.
• 10 U.S.C. § 4377(a)(1)

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  (1) restructure the program in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a) of that section, and ensures that the program has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E) of that section;
• 10 U.S.C. § 4377(a)(2)

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  (2) rescind the most recent Milestone approval for the program and withdraw any associated certification under section 4251 or 4252 of this title;
• 10 U.S.C. § 4377(a)(3)

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  (3) require a new Milestone approval for the program before taking any contract action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the program, except to the extent determined necessary by the Milestone Decision Authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources;
• 10 U.S.C. § 4377(a)(4)

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  (4) include in the report specified in subsection (b) a description of all funding changes made as a result of the growth in cost of the program, including reductions made in funding for other programs to accommodate such cost growth; and
• 10 U.S.C. § 4377(a)(5)

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  (5) conduct regular reviews of the program in accordance with the requirements of section 205 of the Weapon Systems Acquisition Reform Act of 2009.
• 10 U.S.C. § 4377(b)

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  (b) For purposes of subsection (a)(4), the report specified in this subsection is the first Selected Acquisition Report for the program submitted pursuant to section 4351 of this title after the President submits a budget pursuant to section 1105 of title 31, in the calendar year following the year in which the program was restructured.
• 10 U.S.C. § 4377(c)(1)

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  (1) The requirements of paragraphs (2), (3), and (5) of subsection (a) shall not apply to a program or subprogram if—

  (A) the Milestone Decision Authority determines in writing, on the basis of a cost assessment and root cause analysis conducted pursuant to section 4376(a) of this title, that—

  (i) but for a change in the quantity of items to be purchased under the program or subprogram, the program acquisition unit cost or procurement unit cost for the program or subprogram would not have increased by a percentage equal to or greater than the cost growth thresholds for the program or subprogram set forth in paragraph (2); and

  (ii) the change in quantity of items described in clause (i) was not made as a result of an increase in program cost, a delay in the program, or a problem meeting program requirements;

  (B) the Secretary determines in writing that the cost to the Department of Defense of complying with such requirements is likely to exceed the benefits to the Department of complying with such requirements; and

  (C) the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in subsections (d) and (e) of section 4375 of this title is required to be submitted under section 4351(f) of this title—

  (i) a copy of the written determination under subparagraph (A) and an explanation of the basis for the determination; and

  (ii) a copy of the written determination under subparagraph (B) and an explanation of the basis for the determination.
• 10 U.S.C. § 4377(c)(1)(A)(i)

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  (i) but for a change in the quantity of items to be purchased under the program or subprogram, the program acquisition unit cost or procurement unit cost for the program or subprogram would not have increased by a percentage equal to or greater than the cost growth thresholds for the program or subprogram set forth in paragraph (2); and
• 10 U.S.C. § 4377(c)(1)(A)(ii)

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  (ii) the change in quantity of items described in clause (i) was not made as a result of an increase in program cost, a delay in the program, or a problem meeting program requirements;
• 10 U.S.C. § 4377(c)(2)(A)

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  (A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of—

  (i) 5 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and

  (ii) 10 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4377(c)(2)(A)(i)

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  (i) 5 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and
• 10 U.S.C. § 4377(c)(2)(A)(ii)

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  (ii) 10 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4377(c)(2)(B)

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  (B) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of—

  (i) 5 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and

  (ii) 10 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4377(c)(2)(B)(i)

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  (i) 5 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and
• 10 U.S.C. § 4377(c)(2)(B)(ii)

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  (ii) 10 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
• 10 U.S.C. § 4401(a)

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  (a) A major defense acquisition program that receives Milestone A or Milestone B approval after January 1, 2019, shall be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability. Other defense acquisition programs shall also be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability.
• 10 U.S.C. § 4401(c)(6)

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  (6) The term “program capability document” means, with respect to a major defense acquisition program, a document that specifies capability requirements for the program, such as a capability development document or a capability production document.
• 10 U.S.C. § 4402(c)(1)

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  (1) clearly describe the modular open system approach to be used for the program;
• 10 U.S.C. § 4402(c)(2)

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  (2) differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program;
• 10 U.S.C. § 4402(d)

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  (d) The milestone decision authority for a major defense acquisition program that uses a modular open system approach shall ensure that a request for proposals for the development or production phases of the program shall describe the modular open system approach and the minimum set of major system components that must be included in the design of the major defense acquisition program.
• 10 U.S.C. § 4402(e)(1)

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  (1) in the case of a program that uses a modular open system approach, that—

  (A) the program incorporates clearly defined major system interfaces between the major system platform and major system components, between major system components, and between major system platforms;

  (B) such major system interfaces are consistent with the the¹ requirements of section 4401(a) of this title; and

  (C) the Government has arranged to obtain appropriate and necessary intellectual property rights with respect to such major system interfaces upon completion of the development of the major system platform; or
• 10 U.S.C. § 4402(e)(1)(A)

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  (A) the program incorporates clearly defined major system interfaces between the major system platform and major system components, between major system components, and between major system platforms;
• 10 U.S.C. § 4402(e)(2)

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  (2) in the case of a program that does not use a modular open system approach, that the use of a modular open system approach is not practicable.
• 10 U.S.C. § 4403(3)

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  (3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of a modular open system approach in requirements development and acquisition program planning;
• 10 U.S.C. § 4403(4)

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  (4) ensure that necessary planning, programming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and interoperability;
• 10 U.S.C. § 4421(a)(1)

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  (1) Acquisition programs of record.
• 10 U.S.C. § 4421(a)(2)

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  (2) Development, prototyping, and experimentation of weapon system components or other technologies, including those based on commercial products and technologies, separate from acquisition programs of record.
• 10 U.S.C. § 4422(c)(6)

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  (6) To ensure projects have a plan for technology transition of the prototype into a fielded system, program of record, or operational use, as appropriate, upon successful achievement of technical and project goals.
• 10 U.S.C. § 4506(a)

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  (a) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall ensure that—

  (1) appropriate and sufficiently detailed data are collected and analyzed to support the validation of requirements for services contracts and inform the planning, programming, budgeting, and execution process of the Department of Defense;

  (2) requirements for services contracts are evaluated appropriately and in a timely manner to inform decisions regarding the procurement of services; and

  (3) decisions regarding the procurement of services consider available resources and total force management policies and procedures.
• 10 U.S.C. § 4506(b)

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  (b) Effective February 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall annually submit to Congress information on services contracts that clearly and separately identifies the amount requested for each category of services to be procured for each Defense Agency, Department of Defense Field Activity, command, or military installation. Such information shall—

  (1) be submitted at or before the time of the budget submission by the President under section 1105(a) of title 31 or on the date on which the future-years defense program is submitted to Congress under section 221 of this title;

  (2) cover the fiscal year covered by such budget submission by the President;

  (3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included in such budget submission by the President for that fiscal year;

  (4) be informed by the review of the inventory required by section 4505(c) using standard guidelines developed under subsection (d); and

  (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.
• 10 U.S.C. § 4506(b)(1)

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  (1) be submitted at or before the time of the budget submission by the President under section 1105(a) of title 31 or on the date on which the future-years defense program is submitted to Congress under section 221 of this title;
• 10 U.S.C. § 4506(b)(3)

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  (3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included in such budget submission by the President for that fiscal year;
• 10 U.S.C. § 4506(b)(5)

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  (5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.
• 10 U.S.C. § 4506(c)(2)(A)

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  (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services—

  (i) within each Defense Agency and Department of Defense Field Activity; and

  (ii) across military departments, Defense Agencies, and Department of Defense Field Activities.
• 10 U.S.C. § 4652

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  No funds appropriated by the Congress may be obligated or expended to assist any contractor of the Department of Defense in preparing any material, report, lists, or analysis with respect to the actual or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing, and evaluation has not been completed.
• 10 U.S.C. § 4661(a)

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  (a) None of the funds authorized to be appropriated by a national defense authorization Act or any other Act, or otherwise made available for any fiscal year for the Department of Defense, may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
• 10 U.S.C. § 4702(a)

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  (a) The Secretary of Defense shall develop workforce development investment incentives for a contractor that implements a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense.
• 10 U.S.C. § 4702(b)

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  (b) The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rating of such offeror.
• 10 U.S.C. § 4702(c)

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  (c) The term “qualified training program” means any of the following:

  (1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

  (2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).

  (3) A program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664; chapter 663; 29 U.S.C. 50 et seq.).

  (4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.
• 10 U.S.C. § 4702(c)(1)

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  (1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
• 10 U.S.C. § 4702(c)(2)

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  (2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
• 10 U.S.C. § 4702(c)(3)

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  (3) A program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664; chapter 663; 29 U.S.C. 50 et seq.).
• 10 U.S.C. § 4702(c)(4)

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  (4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.
• 10 U.S.C. § 4703(b)(2)

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  (2) The Secretary shall determine which defense contractors are eligible to participate in the placement program on the basis of applications submitted under subsection (c). The Secretary shall limit participation to those defense contractors or subcontractors that—

  (A) produce goods or services for the Department of Defense pursuant to a defense contract or operate nuclear weapons manufacturing facilities for the Department of Energy; and

  (B) have recently reduced operations, or are likely to reduce operations, due to the completion or termination of a defense contract or program or by reductions in defense spending.
• 10 U.S.C. § 4703(b)(2)(B)

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  (B) have recently reduced operations, or are likely to reduce operations, due to the completion or termination of a defense contract or program or by reductions in defense spending.
• 10 U.S.C. § 4703(c)(1)(A)

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  (A) Evidence that the contractor has been, or is expected to be, adversely affected by the completion or termination of a defense contract or program or by reductions in defense spending.
• 10 U.S.C. § 4703(c)(1)(B)

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  (B) An explanation that scientists and engineers employed by the contractor have been terminated, laid off, or retired, or are likely to be terminated, laid off, or retired, as a result of the completion or termination of a defense contract or program or reductions in defense spending.
• 10 U.S.C. § 4703(c)(1)(C)

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  (C) A description of programs implemented or proposed by the contractor to assist these scientists and engineers.
• 10 U.S.C. § 4703(c)(1)(D)

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  (D) A commitment to help fund the costs associated with the placement program by paying 50 percent of the stipend provided under subsection (g) to an employee or former employee of the contractor selected to receive assistance under this section.
• 10 U.S.C. § 4703(c)(2)

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  (2) Once a cooperative agreement is entered into under subsection (a) between the Secretary and the defense contractor, the contractor shall publicize the program and distribute applications to prospective participants, and assist the prospective participants with the State screening process.
• 10 U.S.C. § 4703(d)(3)

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  (3) has been terminated or laid off (or received notice of termination or lay off) as a result of the completion or termination of a defense contract or program or reductions in defense spending; and
• 10 U.S.C. § 4703(g)(1)

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  (1) The Secretary of Defense shall pay to each participant in the placement program a stipend in an amount equal to the lesser of—

  (A) $5,000; or

  (B) the total costs of the type described in paragraphs (1), (2), (3), (8), and (9)¹ of section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) incurred by the participant while obtaining teacher certification or licensure or the necessary credentials to serve as a teacher’s aide and employment as an elementary or secondary school teacher or teacher aide.
• 10 U.S.C. § 4754(b)(15)

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  (15) That the Inspector General of the Department of Defense conducts periodic audits or reviews of purchase card or convenience check programs to identify and analyze risks of illegal, improper, or erroneous purchases and payments and that the findings of such audits or reviews, along with recommendations to prevent abuse of purchase cards or convenience checks, are reported to the Director of the Office of Management and Budget and Congress.
• 10 U.S.C. § 4801(11)

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  (11) The term “Small Business Innovation Research Program” means the program established under the following provisions of section 9 of the Small Business Act (15 U.S.C. 638):

  (A) Paragraphs (4) through (7) of subsection (b).

  (B) Subsections (e) through (l).
• 10 U.S.C. § 4801(12)

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  (12) The term “Small Business Technology Transfer Program” means the program established under the following provisions of such section:

  (A) Paragraphs (4) through (7) of subsection (b).

  (B) Subsections (e) and (n) through (p).
• 10 U.S.C. § 4801(15)

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  (15) The term “integration” means the process of providing systems engineering and technical direction for a system for the purpose of achieving capabilities that satisfy program requirements.
• 10 U.S.C. § 4811(a)(1)(C)

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  (C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to section 221 of this title.
• 10 U.S.C. § 4812(c)(2)

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  (2) programs for achieving such national security objectives;
• 10 U.S.C. § 4813(a)

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  (a) The Secretary of Defense shall establish a program for analysis of the national technology and industrial base.
• 10 U.S.C. § 4813(b)

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  (b) The Secretary of Defense shall carry out the program through the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment. In carrying out the program, the Under Secretaries shall consult with the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor.
• 10 U.S.C. § 4813(c)

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  (c) The functions of the program shall include, with respect to the national technology and industrial base, the following:

  (1) The assembly of timely and authoritative information.

  (2) Initiation of studies and analyses.

  (3) Provision of technical support and assistance to—

  (A) the Secretary of Defense for the preparation of the periodic assessments required by section 4816 of this title;

  (B) the defense acquisition university structure and its elements; and

  (C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.

  (4) Dissemination, through the National Technical Information Service of the Department of Commerce, of unclassified information and assessments for further dissemination within the Federal Government and to the private sector.
• 10 U.S.C. § 4814(4)

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  (4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
• 10 U.S.C. § 4815(b)(1)(C)(ii)

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  (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
• 10 U.S.C. § 4815(c)

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  (c) In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the national technology and industrial base 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;

  (2) is necessary to address gaps or vulnerabilities in the national technology and industrial base; and

  (3) would have been recommended for funding through the budget referred to in paragraph (1) 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 had emerged before the budget was formulated.
• 10 U.S.C. § 4815(c)(3)(A)

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  (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
• 10 U.S.C. § 4815(c)(3)(B)

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  (B) the program, activity, or mission requirement had emerged before the budget was formulated.
• 10 U.S.C. § 4816(b)(3)

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  (3) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment, evaluate the reasons for any variance from applicable preceding determinations, and identify the extent to which those industries are comprised of only one potential source in the national technology and industrial base or have multiple potential sources;
• 10 U.S.C. § 4816(b)(4)

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  (4) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries that do not actively support Department of Defense acquisition programs and identify the barriers to the participation of those industries;
• 10 U.S.C. § 4817(i)(1)(E)

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  (E) to increase the use of emerging technologies in defense program applications and the rapid transition of emerging technologies—

  (i) from research and development sponsored by the Federal Government to commercial applications; and

  (ii) from commercial research and development to national defense applications.
• 10 U.S.C. § 4817(i)(5)(A)

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  (A) Metals, minerals, materials, and components acquired pursuant to this subsection which are excess to the needs of programs under this section, as determined by the Secretary, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, if the Secretary deems such transfer to be in the public interest.
• 10 U.S.C. § 4818(f)(2)

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  (2) The term “national defense” means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.
• 10 U.S.C. § 4819(c)(2)(E)

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  (E) Characterization and assessment of industrial base support policies, programs, and procedures, including—

  (i) limitations and acquisition guidance relevant to the national technology and industrial base;

  (ii) limitations and acquisition guidance relevant to section 4862 of this title;

  (iii) the Industrial Base Analysis and Sustainment program of the Department, including direct support and common design activities;

  (iv) the Small Business Innovation Research Program (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));

  (v) the Manufacturing Technology Program established under sections 4841 and 4842 of this title;

  (vi) programs relating to the Defense Production Act of 1950 (50 U.S.C. 4511¹ et seq.); and

  (vii) programs operating in each military department.
• 10 U.S.C. § 4819(c)(2)(E)(iii)

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  (iii) the Industrial Base Analysis and Sustainment program of the Department, including direct support and common design activities;
• 10 U.S.C. § 4819(c)(2)(E)(iv)

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  (iv) the Small Business Innovation Research Program (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
• 10 U.S.C. § 4819(c)(2)(E)(v)

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  (v) the Manufacturing Technology Program established under sections 4841 and 4842 of this title;
• 10 U.S.C. § 4819(c)(2)(E)(vi)

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  (vi) programs relating to the Defense Production Act of 1950 (50 U.S.C. 4511¹ et seq.); and
• 10 U.S.C. § 4819(c)(2)(E)(vii)

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  (vii) programs operating in each military department.
• 10 U.S.C. § 4819(d)(3)

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  (3) program offices and procuring contracting officers;
• 10 U.S.C. § 4819(e)(1)(B)(i)

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  (i) Identification of the necessary source data, to include data from contractors, intelligence and security activities, program offices, and commercial research entities.
• 10 U.S.C. § 4819(e)(2)(B)

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  (B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.
• 10 U.S.C. § 4831(a)

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  (a) The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 4811(a) of this title by encouraging and providing for research, development, and application of dual-use critical technologies. The Secretary may make grants, enter into contracts, or enter into cooperative agreements and other transactions pursuant to section 4021 of this title in furtherance of the program. The Secretary shall identify projects to be conducted as part of the program.
• 10 U.S.C. § 4831(b)

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  (b) The Secretary of Defense may provide technical and other assistance to facilitate the achievement of the purposes of projects conducted under the program. In providing such assistance, the Secretary shall make available, as appropriate for the work to be performed, equipment and facilities of Department of Defense laboratories (including the scientists and engineers at those laboratories) for purposes of projects selected by the Secretary.
• 10 U.S.C. § 4831(c)(1)

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  (1) The total amount of funds provided by the Federal Government for a project conducted under the program may not exceed 50 percent of the total cost of the project. However, the Secretary of Defense may agree to a project in which the total amount of funds provided by the Federal Government exceeds 50 percent if the Secretary determines the project is particularly meritorious, but the project would not otherwise have sufficient non-Federal funding or in-kind contributions.
• 10 U.S.C. § 4831(c)(2)

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  (2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a project conducted under the program for the purpose of calculating the share of the project costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of project activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the project from non-Federal sources.
• 10 U.S.C. § 4831(d)

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  (d) Competitive procedures shall be used in the conduct of the program.
• 10 U.S.C. § 4831(e)

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  (e) The criteria for the selection of projects under the program shall include the following:

  (1) The extent to which the proposed project advances and enhances the national security objectives set forth in section 4811(a) of this title.

  (2) The technical excellence of the proposed project.

  (3) The qualifications of the personnel proposed to participate in the research activities of the proposed project.

  (4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed project other than through the project.

  (5) The potential effectiveness of the project in the further development and application of each technology proposed to be developed by the project for the national technology and industrial base.

  (6) The extent of the financial commitment of eligible firms to the proposed project.

  (7) The extent to which the project does not unnecessarily duplicate projects undertaken by other agencies.
• 10 U.S.C. § 4832(b)

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  (b) The Secretary shall examine and implement methods, in addition to the encouragement referred to in subsection (a) and the program described in subsection (c), that are consistent with national security objectives and will enable Department of Defense personnel to promote technology transfer.
• 10 U.S.C. § 4832(c)(1)

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  (1) The Secretary of Defense shall establish and implement a program to be known as the Federal Defense Laboratory Diversification Program (hereinafter in this subsection referred to as the “Program”). The purpose of the Program shall be to encourage greater cooperation in research and production activities carried out by defense laboratories and by private industry of the United States in order to enhance and improve the products of such research and production activities.
• 10 U.S.C. § 4832(c)(2)

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  (2) Under the Program, the defense laboratories, in coordination with the Office of Technology Transfer in the Office of the Secretary of Defense, shall carry out cooperative activities with private industry in order to promote (by the use or exchange of patents, licenses, cooperative research and development agreements and other cooperative agreements, and the use of symposia, meetings, and other similar mechanisms) the transfer of defense or dual-use technologies from the defense laboratories to private industry, and the development and application of such technologies by the defense laboratories and private industry, for the purpose of the commercial utilization of such technologies by private industry.
• 10 U.S.C. § 4832(c)(3)

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  (3) The Secretary of Defense shall develop and annually update a plan for each defense laboratory that participates in the Program under which plan the laboratory shall carry out cooperative activities with private industry to promote the transfers described in subsection (b).
• 10 U.S.C. § 4833(a)

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  (a) The Secretary of Defense shall conduct a program in accordance with this section for the purpose of promoting cooperation between Department of Defense laboratories and industry on research and development of dual-use technologies in order to further the national security objectives set forth in section 4811(a) of this title.
• 10 U.S.C. § 4833(b)(1)

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  (1) The Secretary shall provide for the establishment under the program of cooperative arrangements (hereinafter in this section referred to as “partnerships”) between a Department of Defense laboratory and eligible firms and nonprofit research corporations. A partnership may also include one or more additional Federal laboratories, institutions of higher education, agencies of State and local governments, and other entities, as determined appropriate by the Secretary.
• 10 U.S.C. § 4834(a)

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  (a) The Secretary of Defense may establish a foreign critical technology monitoring and assessment program. Under the program, the Secretary may enter into cooperative arrangements with one or more eligible not-for-profit organizations in order to provide financial assistance for the establishment of foreign critical technology monitoring and assessment offices in Europe, Pacific Rim countries, and such other countries as the Secretary considers appropriate.
• 10 U.S.C. § 4841(a)

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  (a) The Secretary of Defense shall establish a Manufacturing Technology Program to further the national security objectives of section 4811(a) of this title through the development and application of advanced manufacturing technologies and processes that will reduce the acquisition and supportability costs of defense weapon systems and reduce manufacturing and repair cycle times across the life cycles of such systems. The Secretary shall use the joint planning process of the directors of the Department of Defense laboratories in establishing the program. The Under Secretary of Defense for Research and Engineering shall administer the program.
• 10 U.S.C. § 4841(b)

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  (b) The Secretary of Defense shall use the program—

  (1) to provide centralized guidance and direction (including goals, milestones, and priorities) to the military departments and the Defense Agencies on all matters relating to manufacturing technology;

  (2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;

  (3) to improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;

  (4) to focus Department of Defense support for the development and application of advanced manufacturing technologies and processes for use to meet manufacturing requirements that are essential to the national defense, as well as for repair and remanufacturing in support of the operations of systems commands, depots, air logistics centers, and shipyards;

  (5) to disseminate information concerning improved manufacturing improvement concepts, including information on such matters as best manufacturing practices, product data exchange specifications, computer-aided acquisition and logistics support, and rapid acquisition of manufactured parts;

  (6) to sustain and enhance the skills and capabilities of the manufacturing work force;

  (7) to promote high-performance work systems (with development and dissemination of production technologies that build upon the skills and capabilities of the work force), high levels of worker education and training; and

  (8) to ensure appropriate coordination between the manufacturing technology programs and industrial preparedness programs of the Department of Defense and similar programs undertaken by other departments and agencies of the Federal Government or by the private sector.
• 10 U.S.C. § 4841(b)(2)

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  (2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;
• 10 U.S.C. § 4841(b)(8)

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  (8) to ensure appropriate coordination between the manufacturing technology programs and industrial preparedness programs of the Department of Defense and similar programs undertaken by other departments and agencies of the Federal Government or by the private sector.
• 10 U.S.C. § 4841(c)(1)

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  (1) The Secretary may carry out projects under the program through the Secretaries of the military departments and the heads of the Defense Agencies.
• 10 U.S.C. § 4841(c)(3)

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  (3) The Secretary shall ensure that each project under the program for the development of an advanced manufacturing technology or process includes an implementation plan for the transition of that technology or process to the prospective technology users that will be the users of that technology or process.
• 10 U.S.C. § 4841(c)(4)

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  (4) In the periodic review of a project under the program, the Secretary shall ensure participation by those prospective technology users that are the expected users for the technology or process being developed under the project.
• 10 U.S.C. § 4841(c)(5)

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  (5) In order to promote increased dissemination and use of manufacturing technology throughout the national defense technology and industrial base, the Secretary shall seek, to the maximum extent practicable, the participation of manufacturers of manufacturing equipment in the projects under the program.
• 10 U.S.C. § 4841(c)(6)(A)

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  (A) Program and project managers for defense weapon systems.
• 10 U.S.C. § 4841(d)(1)

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  (1) In accordance with the policy stated in section 4008 of this title), competitive procedures shall be used for awarding all grants and entering into all contracts, cooperative agreements, and other transactions under the program.
• 10 U.S.C. § 4841(d)(2)

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  (2) Under the competitive procedures used, the factors to be considered in the evaluation of each proposed grant, contract, cooperative agreement, or other transaction for a project under the program shall include the extent to which that proposed transaction provides for the proposed recipient to share in the cost of the project. For a project for which the Government receives an offer from only one offeror, the contracting officer shall negotiate the ratio of contract recipient cost to Government cost that represents the best value to the Government.
• 10 U.S.C. § 4841(e)(1)

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  (1) The Secretary shall develop a plan for the program that includes the following:

  (A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program.

  (B) The objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.
• 10 U.S.C. § 4841(e)(1)(A)

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  (A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program.
• 10 U.S.C. § 4841(e)(1)(B)

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  (B) The objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.
• 10 U.S.C. § 4841(e)(2)

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  (2) The Secretary shall include in the plan mechanisms for assessing the effectiveness of the program under the plan.
• 10 U.S.C. § 4842(b)(2)

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  (2) The Panel shall be composed of at least one individual from among appropriate personnel of each military department and Defense Agency with manufacturing technology programs. The Panel may include as ex-officio members such individuals from other government organizations, academia, and industry as the Chair considers appropriate.
• 10 U.S.C. § 4842(c)(1)

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  (1) To identify and integrate requirements for the program.
• 10 U.S.C. § 4842(c)(2)

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  (2) To conduct joint planning for the program.
• 10 U.S.C. § 4842(c)(3)

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  (3) To develop joint strategies for the program.
• 10 U.S.C. § 4842(d)(1)

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  (1) Conduct comprehensive reviews and assessments of defense-related manufacturing issues being addressed by the manufacturing technology programs and related activities of the Department of Defense.
• 10 U.S.C. § 4842(d)(3)

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  (3) Ensure the integration and coordination of requirements and programs under the program with the Office of the Secretary of Defense and other national-level initiatives, including the establishment of information exchange processes with other government agencies, private industry, academia, and professional associations.
• 10 U.S.C. § 4842(f)

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  (f) The administrative expenses of the Panel shall be borne by each military department and Defense Agency with manufacturing technology programs in such manner as the Panel shall provide.
• 10 U.S.C. § 4843(a)(1)

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  (1) The Secretary of Defense shall establish a program under which the Secretary makes grants or other awards to support—

  (A) the enhancement of existing programs in manufacturing engineering education to further a mission of the department; or

  (B) the establishment of new programs in manufacturing engineering education that meet such requirements.
• 10 U.S.C. § 4843(a)(1)(A)

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  (A) the enhancement of existing programs in manufacturing engineering education to further a mission of the department; or
• 10 U.S.C. § 4843(a)(1)(B)

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  (B) the establishment of new programs in manufacturing engineering education that meet such requirements.
• 10 U.S.C. § 4843(a)(3)

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  (3) The Secretary shall establish the program in consultation with the Secretary of Education, the Director of the National Science Foundation, the Director of the Office of Science and Technology Policy, and the secretaries of such other relevant Federal agencies as the Secretary considers appropriate.
• 10 U.S.C. § 4843(a)(4)

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  (4) The Secretary shall ensure that the program is coordinated with Department programs associated with advanced manufacturing.
• 10 U.S.C. § 4843(a)(5)

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  (5) The program shall be known as the “Manufacturing Engineering Education Program”.
• 10 U.S.C. § 4843(c)

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  (c) A program of engineering education supported pursuant to this section shall meet the requirements of this section.
• 10 U.S.C. § 4843(d)

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  (d) The program of education for which such a grant is made shall be a consolidated and integrated multidisciplinary program of education with an emphasis on the following components:

  (1) Multidisciplinary instruction that encompasses the total manufacturing engineering enterprise and that may include—

  (A) manufacturing engineering education and training through classroom activities, laboratory activities, thesis projects, individual or team projects, internships, cooperative work-study programs, and interactions with industrial facilities, consortia, or such other activities and organizations in the United States and foreign countries as the Secretary considers appropriate;

  (B) faculty development programs;

  (C) recruitment of educators highly qualified in manufacturing engineering to teach or develop manufacturing engineering courses;

  (D) presentation of seminars, workshops, and training for the development of specific manufacturing engineering skills;

  (E) activities involving interaction between students and industry, including programs for visiting scholars, personnel exchange, or industry executives;

  (F) development of new, or updating and modification of existing, manufacturing curriculum, course offerings, and education programs;

  (G) establishment of programs in manufacturing workforce training;

  (H) establishment of joint manufacturing engineering programs with defense laboratories and depots; and

  (I) expansion of manufacturing training and education programs and outreach for members of the armed forces, dependents and children of such members, veterans, and employees of the Department of Defense.

  (2) Opportunities for students to obtain work experience in manufacturing through such activities as internships, summer job placements, or cooperative work-study programs.

  (3) Faculty and student engagement with industry that is directly related to, and supportive of, the education of students in manufacturing engineering because of—

  (A) the increased understanding of manufacturing engineering challenges and potential solutions; and

  (B) the enhanced quality and effectiveness of the instruction that result from that increased understanding.
• 10 U.S.C. § 4843(d)(1)(A)

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  (A) manufacturing engineering education and training through classroom activities, laboratory activities, thesis projects, individual or team projects, internships, cooperative work-study programs, and interactions with industrial facilities, consortia, or such other activities and organizations in the United States and foreign countries as the Secretary considers appropriate;
• 10 U.S.C. § 4843(d)(1)(B)

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  (B) faculty development programs;
• 10 U.S.C. § 4843(d)(1)(E)

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  (E) activities involving interaction between students and industry, including programs for visiting scholars, personnel exchange, or industry executives;
• 10 U.S.C. § 4843(d)(1)(F)

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  (F) development of new, or updating and modification of existing, manufacturing curriculum, course offerings, and education programs;
• 10 U.S.C. § 4843(d)(1)(G)

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  (G) establishment of programs in manufacturing workforce training;
• 10 U.S.C. § 4843(d)(1)(H)

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  (H) establishment of joint manufacturing engineering programs with defense laboratories and depots; and
• 10 U.S.C. § 4843(d)(1)(I)

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  (I) expansion of manufacturing training and education programs and outreach for members of the armed forces, dependents and children of such members, veterans, and employees of the Department of Defense.
• 10 U.S.C. § 4843(d)(2)

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  (2) Opportunities for students to obtain work experience in manufacturing through such activities as internships, summer job placements, or cooperative work-study programs.
• 10 U.S.C. § 4843(e)

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  (e) The Secretary of Defense shall solicit proposals for grants and other awards to be made pursuant to this section for the support of programs of manufacturing engineering education that are consistent with the purposes of this section.
• 10 U.S.C. § 4843(g)(3)

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  (3) Provides for effective engagement with industry or government organizations that supports the instruction to be provided in the proposed program and is likely to improve manufacturing engineering and technology.
• 10 U.S.C. § 4843(g)(7)

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  (7) Proposes a program that, within three years after the award is made, is likely to attract from sources other than the Federal Government the financial and other support necessary to sustain such program.
• 10 U.S.C. § 4844(a)

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  (a) The Secretary of Defense, in consultation with the Secretary of Education and the Secretary of Commerce, shall conduct a program to support the following activities of one or more manufacturing experts at institutions of higher education:

  (1) Identifying the education and training requirements of United States manufacturing firms located in the same geographic region as an institution participating in the program.

  (2) Assisting in the development of teaching curricula for classroom and in-factory education and training classes at such an institution.

  (3) Teaching such classes and overseeing the teaching of such classes by others.

  (4) Improving the knowledge and expertise of permanent faculty and staff of such an institution.

  (5) Marketing the programs and facilities of such an institution to firms referred to in paragraph (1).

  (6) Coordinating the activities described in the other provisions of this subsection with other programs conducted by the Federal Government, any State, any local government, or any private, nonprofit organization to modernize United States manufacturing firms, especially the regional centers for the transfer of manufacturing technology and programs receiving financial assistance under section 4843 of this title.
• 10 U.S.C. § 4844(a)(1)

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  (1) Identifying the education and training requirements of United States manufacturing firms located in the same geographic region as an institution participating in the program.
• 10 U.S.C. § 4844(a)(5)

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  (5) Marketing the programs and facilities of such an institution to firms referred to in paragraph (1).
• 10 U.S.C. § 4844(a)(6)

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  (6) Coordinating the activities described in the other provisions of this subsection with other programs conducted by the Federal Government, any State, any local government, or any private, nonprofit organization to modernize United States manufacturing firms, especially the regional centers for the transfer of manufacturing technology and programs receiving financial assistance under section 4843 of this title.
• 10 U.S.C. § 4845

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  The Secretary of the Army is authorized by chapter 764 of this title to carry out programs for the support of armaments retooling and manufacturing in the national defense industrial and technology base.
• 10 U.S.C. § 4862(e)(1)(A)

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  (A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or
• 10 U.S.C. § 4863(b)(3)(A)

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  (A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
• 10 U.S.C. § 4863(b)(3)(B)

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  (B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
• 10 U.S.C. § 4863(d)(1)(A)

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  (A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or
• 10 U.S.C. § 4863(k)(2)(A)(i)

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  (i) to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within the such military department; and
• 10 U.S.C. § 4864(d)(3)

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  (3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, or would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items that is entered into under section 4851 of this title, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
• 10 U.S.C. § 4864(j)(2)(B)(ii)(II)

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  (II) The number of such items to be procured by current programs of record.
• 10 U.S.C. § 4864(j)(2)(B)(ii)(VII)

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  (VII) The extent to which such item is fielded in current programs of record.
• 10 U.S.C. § 4864(k)(1)

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  (1) Subsection (a)(3) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.
• 10 U.S.C. § 4864(l)(2)(B)

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  (B) The extent to which such item is fielded in current programs of record.
• 10 U.S.C. § 4864(l)(2)(C)

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  (C) The number of such items to be procured by current programs of record.
• 10 U.S.C. § 4865(b)

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  (b) This section applies to all new acquisition programs on January 1, 2028, standard batteries on January 1, 2029, and for existing acquisition programs on January 30, 2031.
• 10 U.S.C. § 4865(e)(1)

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  (1) The term “new acquisition program” means a defense acquisition program that has not reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has not undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.
• 10 U.S.C. § 4865(e)(2)

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  (2) The term “existing acquisition program” means a defense acquisition program that has reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.
• 10 U.S.C. § 4872(d)(1)

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  (1) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
• 10 U.S.C. § 4872(d)(2)

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  (2) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
• 10 U.S.C. § 4872(e)(2)(A)(i)

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  (i) to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within such military department; and
• 10 U.S.C. § 4874(a)

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  (a) A Department of Defense contract or Department of Energy contract under a national security program may not be awarded to an entity controlled by a foreign government if it is necessary for that entity to be given access to information in a proscribed category of information in order to perform the contract.
• 10 U.S.C. § 4881(a)(1)

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  (1) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the armed forces in time of national emergency or in anticipation thereof;
• 10 U.S.C. § 4881(b)(1)(G)

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  (G) notwithstanding chapter 5 of title 40 and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.
• 10 U.S.C. § 4892(a)(2)(A)

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  (A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
• 10 U.S.C. § 4901(b)(1)

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  (1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);
• 10 U.S.C. § 4901(b)(3)

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  (3) any procurement technical assistance program established under chapter 388 of this title.
• 10 U.S.C. § 4901(c)

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  (c) The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).
• 10 U.S.C. § 4901(e)

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  (e) The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 388 of this title to facilitate small business contracting with the Department of Defense.
• 10 U.S.C. § 4902(a)

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  (a) The Secretary of Defense shall establish a program to be known as the “Mentor-Protege Program”.
• 10 U.S.C. § 4902(b)

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  (b) The purpose of the program is to provide incentives for major Department of Defense contractors to furnish disadvantaged small business concerns with assistance designed to—

  (1) enhance the capabilities of disadvantaged small business concerns to perform as subcontractors and suppliers under Department of Defense contracts and other contracts and subcontracts; and

  (2) increase the participation of such business concerns as subcontractors and suppliers under Department of Defense contracts, other Federal Government contracts, and commercial contracts.
• 10 U.S.C. § 4902(c)(1)

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  (1) A business concern meeting the eligibility requirements set out in subsection (d) may enter into agreements under subsection (e) and furnish assistance to disadvantaged small business concerns upon making application to the Secretary of Defense and being approved for participation in the program by the Secretary. A business concern participating in the program pursuant to such an approval shall be known, for the purposes of the program, as a “mentor firm”.
• 10 U.S.C. § 4902(c)(2)

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  (2) A disadvantaged small business concern eligible for the award of Federal contracts may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm as provided in subsection (e). A disadvantaged small business concern may not be a party to more than one agreement concurrently, and the authority to enter into agreements under subsection (e) shall only be available to such concern during the 5-year period beginning on the date such concern enters into the first such agreement. A disadvantaged small business concern receiving such assistance shall be known, for the purposes of the program, as a “protege firm”.
• 10 U.S.C. § 4902(c)(3)

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  (3) In entering into an agreement pursuant to subsection (e), a mentor firm may rely in good faith on a written representation of a business concern that such business concern is a disadvantaged small business concern. The Small Business Administration shall determine the status of such business concern as a disadvantaged small business concern in the event of a protest regarding the status of such business concern. If at any time the business concern is determined by the Small Business Administration not to be a disadvantaged small business concern, assistance furnished such business concern by the mentor firm after the date of the determination may not be considered assistance furnished under the program.
• 10 U.S.C. § 4902(d)(1)

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  (1) Subject to subsection (c)(1), a mentor firm may enter into an agreement with one or more protege firms under subsection (e) and provide assistance under the program pursuant to that agreement if the mentor firm—

  (A) is eligible for award of Federal contracts; and

  (B) demonstrates that it—

  (i) is qualified to provide assistance that will contribute to the purpose of the program;

  (ii) is of good financial health and character and does not appear on a Federal list of debarred or suspended contractors; and

  (iii) can impart value to a protege firm because of experience gained as a Department of Defense contractor or through knowledge of general business operations and government contracting, as demonstrated by evidence that—

  (I) during the fiscal year preceding the fiscal year in which the mentor firm enters into the agreement, the total amount of the Department of Defense contracts awarded such mentor firm and the subcontracts awarded such mentor firm under Department of Defense contracts was equal to or greater than $25,000,000; or

  (II) the mentor firm demonstrates the capability to assist in the development of protege firms, and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (j).
• 10 U.S.C. § 4902(d)(1)(B)(i)

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  (i) is qualified to provide assistance that will contribute to the purpose of the program;
• 10 U.S.C. § 4902(e)(1)

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  (1) Before providing assistance to a protege firm under the program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. The agreement shall include the following:

  (A) A developmental program for the protege firm, in such detail as may be reasonable, including—

  (i) factors to assess the protege firm’s developmental progress under the program;

  (ii) a description of the quantitative and qualitative benefits to the Department of Defense from the agreement, if applicable;

  (iii) goals for additional awards that the protege firm can compete for outside the Mentor-Protege Program; and

  (iv) the assistance the mentor firm will provide to the protege firm in understanding contract regulations of the Federal Government and the Department of Defense (including the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement) after award of a subcontract under this section, if applicable.

  (B) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years.

  (C) Procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause.
• 10 U.S.C. § 4902(e)(1)(A)

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  (A) A developmental program for the protege firm, in such detail as may be reasonable, including—

  (i) factors to assess the protege firm’s developmental progress under the program;

  (ii) a description of the quantitative and qualitative benefits to the Department of Defense from the agreement, if applicable;

  (iii) goals for additional awards that the protege firm can compete for outside the Mentor-Protege Program; and

  (iv) the assistance the mentor firm will provide to the protege firm in understanding contract regulations of the Federal Government and the Department of Defense (including the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement) after award of a subcontract under this section, if applicable.
• 10 U.S.C. § 4902(e)(1)(A)(i)

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  (i) factors to assess the protege firm’s developmental progress under the program;
• 10 U.S.C. § 4902(e)(1)(A)(iii)

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  (iii) goals for additional awards that the protege firm can compete for outside the Mentor-Protege Program; and
• 10 U.S.C. § 4902(e)(1)(B)

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  (B) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years.
• 10 U.S.C. § 4902(f)(1)(C)

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  (C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e).
• 10 U.S.C. § 4902(g)(1)

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  (1) The Secretary of Defense may provide to a mentor firm reimbursement for the total amount of any progress payment or advance payment made under the program by the mentor firm to a protege firm in connection with a Department of Defense contract awarded the mentor firm.
• 10 U.S.C. § 4902(g)(2)(B)

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  (B) The determinations made in annual performance reviews of a mentor firm’s mentor-protege agreement shall be a major factor in the determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the program participation term under the agreement.
• 10 U.S.C. § 4902(h)(2)

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  (2) Notwithstanding section 8 of the Small Business Act (15 U.S.C. 637), the Small Business Administration may not determine a disadvantaged small business concern to be ineligible to receive any assistance authorized under the Small Business Act on the basis that such business concern has participated in the Mentor-Protege Program or has received assistance pursuant to any developmental assistance agreement authorized under such program.
• 10 U.S.C. § 4902(h)(3)

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  (3) The Small Business Administration may not require a firm that is entering into, or has entered into, an agreement under subsection (e) as a protege firm to submit the agreement, or any other document required by the Secretary of Defense in the administration of the Mentor-Protege Program, to the Small Business Administration for review, approval, or any other purpose.
• 10 U.S.C. § 4902(j)

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  (j) The Secretary of Defense shall prescribe regulations to carry out the Mentor-Protege Program. Such regulations shall include the requirements set forth in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and shall prescribe procedures by which the parties may terminate participation in the program. The Department of Defense policy regarding the Mentor-Protege Program shall be published and maintained as an appendix to the Department of Defense Supplement to the Federal Acquisition Regulation.
• 10 U.S.C. § 4902(k)(4)

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  (4) the amount of any payment of progress payments or advance payments made to the protege firm for performance under any subcontract made under the Mentor-Protege Program;
• 10 U.S.C. § 4902(l)

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  (l) The Office of Small Business Programs of the Department of Defense shall review the report required by subsection (k) and, if the Office finds that the mentor-protege agreement is not furthering the purpose of the Mentor-Protege Program, decide not to approve any continuation of the agreement.
• 10 U.S.C. § 4902(m)

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  (m) The Director of the Office of Small Business Programs shall—

  (1) maintain outcome-based performance goals and annually collect data through an automated information system (if practicable) assessing such goals; and

  (2) conduct an independent review of the Mentor-Protege Program established under this section at least once every three years.
• 10 U.S.C. § 4902(m)(2)

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  (2) conduct an independent review of the Mentor-Protege Program established under this section at least once every three years.
• 10 U.S.C. § 4952

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  The purposes of the program authorized by this chapter are—
• 10 U.S.C. § 4952(2)

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  (2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs; and
• 10 U.S.C. § 4954(b)(1)

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  (1) Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than 75 percent of the eligible entity’s cost of furnishing such assistance under such programs, except that—

  (A) in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than 75 percent, but not more than 85 percent, of such cost with respect to such program; and

  (B) in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 4959(b) of this title, the Secretary may agree to furnish the full cost of such assistance.
• 10 U.S.C. § 4954(b)(1)(A)

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  (A) in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than 75 percent, but not more than 85 percent, of such cost with respect to such program; and
• 10 U.S.C. § 4954(b)(1)(B)

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  (B) in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 4959(b) of this title, the Secretary may agree to furnish the full cost of such assistance.
• 10 U.S.C. § 4954(b)(2)

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  (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.
• 10 U.S.C. § 4954(d)

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  (d) In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.
• 10 U.S.C. § 4954(f)

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  (f) 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.
• 10 U.S.C. § 4955(a)

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  (a) Except as provided in subsection (c), the value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed—

  (1) in the case of a program operating on a Statewide basis, other than a program referred to in paragraph (3) or (4), $1,500,000;

  (2) in the case of a program operating on less than a Statewide basis, other than a program referred to in paragraph (3) or (4), $750,000;

  (3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $450,000; or

  (4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $1,500,000.
• 10 U.S.C. § 4955(a)(1)

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  (1) in the case of a program operating on a Statewide basis, other than a program referred to in paragraph (3) or (4), $1,500,000;
• 10 U.S.C. § 4955(a)(2)

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  (2) in the case of a program operating on less than a Statewide basis, other than a program referred to in paragraph (3) or (4), $750,000;
• 10 U.S.C. § 4955(a)(3)

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  (3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $450,000; or
• 10 U.S.C. § 4955(a)(4)

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  (4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $1,500,000.
• 10 U.S.C. § 4955(b)

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  (b) A determination of whether a procurement technical assistance program is operating on a Statewide basis or on less than a Statewide basis or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(1)(D) of this title shall be made in accordance with regulations prescribed by the Secretary of Defense.
• 10 U.S.C. § 4955(d)(1)

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  (1) An eligible entity that earned income in a specified fiscal year from activities carried out pursuant to a procurement technical assistance program funded under this chapter may expend an amount of such income, not to exceed 25 percent of the cost of furnishing procurement technical assistance in such specified fiscal year, during the fiscal year following such specified fiscal year, to carry out a procurement technical assistance program funded under this chapter.
• 10 U.S.C. § 4955(e)

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  (e) The Secretary may accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter.
• 10 U.S.C. § 4958(b)

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  (b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.
• 10 U.S.C. § 4958(d)(1)

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  (1) provide assistance to an eligible entity that is a center of excellence for the APEX Accelerator Program of the Department of Defense (or a successor program) to provide specialized expertise to business entities outside of the geographic area served by the center of excellence; and
• 10 U.S.C. § 4961

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  The Secretary may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter—
• 10 U.S.C. § 4971(a)

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  (a) In order to meet the national security objectives in section 4811(a) of this title, the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring a lender against losses of principal or interest, or both principal and interest, arising out of the financing of the sale or long-term lease of defense articles, defense services, or design and construction services to a country referred to in subsection (b).
• 10 U.S.C. § 4974(d)(1)

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  (1) The Secretary of Defense shall charge a fee for each guarantee issued under this subchapter to reflect the additional administrative costs of the Department of Defense that are directly attributable to the administration of the program under this subchapter. Such fees shall be credited to a special account in the Treasury. Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
• 10 U.S.C. § 4974(d)(2)(A)

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  (A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this subchapter, the Secretary may use amounts currently available for operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.
• 10 U.S.C. § 4981(a)

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  (a) In order to meet the national security objectives in section 4811(a) of this title, the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring lenders against losses of principal or interest, or both principal and interest, for loans made to qualified commercial firms to fund, in whole or in part, any of the following activities:

  (1) The improvement of the protection of the critical infrastructure of the commercial firms.

  (2) The refinancing of improvements previously made to the protection of the critical infrastructure of the commercial firms.
• 10 U.S.C. § 4982(c)(2)

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  (2) Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
• 10 U.S.C. § 4982(c)(3)(A)

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  (A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this subchapter, the Secretary may use amounts currently available for operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.
• 10 U.S.C. § 4983(b)

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  (b) The costs of such agreements shall be considered, for purposes of the special account established under section 4982(c), to be costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
• 10 U.S.C. § 5502(c)(3)(A)

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  (A) the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection;
• 10 U.S.C. § 5511(a)

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  (a) In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify.
• 10 U.S.C. § 5511(b)(1)

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  (1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element.
• 10 U.S.C. § 5511(b)(2)

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  (2) In this subsection, the term “engineering and manufacturing development” means the period in the course of an acquisition program during which the primary objectives are to—

  (A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design;

  (B) validate the manufacturing or production process; and

  (C) demonstrate system capabilities through testing.
• 10 U.S.C. § 5511(c)

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  (c) The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.
• 10 U.S.C. § 5512(b)(1)

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  (1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:

  (A) The technical maturity of the program.

  (B) The availability of facilities for production.

  (C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
• 10 U.S.C. § 5512(b)(1)(A)

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  (A) The technical maturity of the program.
• 10 U.S.C. § 5512(b)(1)(C)

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  (C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
• 10 U.S.C. § 5512(c)

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  (c) Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretary’s intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice.
• 10 U.S.C. § 5512(d)

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  (d) When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.
• 10 U.S.C. § 5512(e)

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  (e) The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.
• 10 U.S.C. § 5513(b)(1)(C)(ii)

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  (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
• 10 U.S.C. § 5513(c)

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  (c) In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—

  (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;

  (2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

  (3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.
• 10 U.S.C. § 5513(c)(3)

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  (3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.
• 10 U.S.C. § 5514(a)(1)(A)

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  (A) each program element of the missile defense system, as specified in section 223¹ of this title; and
• 10 U.S.C. § 5514(a)(1)(B)

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  (B) each designated major subprogram of such program elements.
• 10 U.S.C. § 5514(a)(2)

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  (2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters—

  (A) engineering and manufacturing development (or its equivalent); and

  (B) production and deployment.
• 10 U.S.C. § 5514(b)

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  (b) Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following:

  (1) A comprehensive schedule, including—

  (A) research and development milestones;

  (B) acquisition milestones, including design reviews and key decision points;

  (C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests;

  (D) delivery and fielding schedules;

  (E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and

  (F) planned contract award dates.

  (2) A detailed technical description of—

  (A) the capability to be developed, including hardware and software;

  (B) system requirements, including performance requirements;

  (C) how the proposed capability satisfies a capability requirement or performance attribute identified through—

  (i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538–03, or such successor document; or

  (ii) processes and products reviewed by the Joint Chiefs of Staff or Joint Requirements Oversight Council;

  (D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and

  (E) how the Director plans to improve the capability over time.

  (3) A cost estimate, including—

  (A) a life-cycle cost estimate that separately identifies the costs regarding research and development, procurement, military construction, operations and sustainment, and disposal;

  (B) program acquisition unit costs for the program element;

  (C) average procurement unit costs and program acquisition costs for the program element;

  (D) an identification of when the document regarding the program joint cost analysis requirements description is scheduled to be approved; and

  (E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability.

  (4) A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan.
• 10 U.S.C. § 5514(b)(2)(D)

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  (D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and
• 10 U.S.C. § 5514(b)(3)(B)

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  (B) program acquisition unit costs for the program element;
• 10 U.S.C. § 5514(b)(3)(C)

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  (C) average procurement unit costs and program acquisition costs for the program element;
• 10 U.S.C. § 5514(b)(3)(D)

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  (D) an identification of when the document regarding the program joint cost analysis requirements description is scheduled to be approved; and
• 10 U.S.C. § 5514(b)(3)(E)

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  (E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability.
• 10 U.S.C. § 5514(b)(4)

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  (4) A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan.
• 10 U.S.C. § 5514(d)(4)(C)

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  (C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation.
• 10 U.S.C. § 5515(a)

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  (a) The Secretary of Defense shall establish a unified major force program for missile defense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the requirements of the Department of Defense and national security.
• 10 U.S.C. § 5515(b)(1)

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  (1) The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2030 a report on the budget for missile defense and defeat programs of the Department of Defense.
• 10 U.S.C. § 5515(b)(2)

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  (2) Each report on the budget for missile defense and defeat programs of the Department under paragraph (1) shall include the following:

  (A) An overview of the budget, including—

  (i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and

  (ii) the specific identification, as a budgetary line item, for the funding under such programs.

  (B) An assessment of the budget, including significant changes, priorities, challenges, and risks.

  (C) Any additional matters the Secretary determines appropriate.
• 10 U.S.C. § 5515(b)(2)(A)(i)

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  (i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and
• 10 U.S.C. § 5515(b)(2)(A)(ii)

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  (ii) the specific identification, as a budgetary line item, for the funding under such programs.
• 10 U.S.C. § 5515(c)(3)

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  (3) The term “missile defense and defeat programs” means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.
• 10 U.S.C. § 5531(a)

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  (a) Subject to the authority, direction, and control of the Secretary of Defense, the Director of the Missile Defense Agency is the technical authority of the Department of Defense for integrated air and missile defense activities and programs, including joint engineering and integration efforts for such activities and programs, including with respect to defining and controlling the system level architectures, interfaces of such activities and programs, and the allocation of technical requirements for such activities and programs.
• 10 U.S.C. § 5532(b)(2)

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  (2) not later than September 30, 2017, establish a program of record to develop a hypersonic defense capability.
• 10 U.S.C. § 5535(b)

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  (b) The requirements developed pursuant to subsection (a) shall be used and updated, as appropriate, for the purpose of informing applicable acquisition programs and systems-of-systems architecture planning that are funded through the Military Intelligence Program, the National Intelligence Program, and non-intelligence programs.
• 10 U.S.C. § 5537(a)

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  (a) The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites.
• 10 U.S.C. § 6102

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  The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
• 10 U.S.C. § 6103(c)

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  (c) This section may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512)) as it existed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169).
• 10 U.S.C. § 6105(b)(3)

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  (3) Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities within the Administration.
• 10 U.S.C. § 6105(b)(4)

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  (4) A capability to leverage, where appropriate, the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration.
• 10 U.S.C. § 6111(a)

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  (a) The Secretary of Energy, acting through the Administrator, shall establish a stewardship program to ensure—

  (1) the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and

  (2) that the nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.
• 10 U.S.C. § 6111(b)

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  (b) The program shall include the following:

  (1) An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—

  (A) the nuclear weapons production facilities; and

  (B) production and manufacturing capabilities resident in the national security laboratories.

  (2) Support for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the performance over time of nuclear weapons.

  (3) Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.

  (4) Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.

  (5) Support for the use of, and experiments facilitated by, the advanced experimental facilities of the United States, including—

  (A) the National Ignition Facility at Lawrence Livermore National Laboratory;

  (B) the Dual Axis Radiographic Hydrodynamic Test Facility at Los Alamos National Laboratory;

  (C) the Z Machine at Sandia National Laboratories; and

  (D) the experimental facilities at the Nevada National Security Site.
• 10 U.S.C. § 6111(b)(3)

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  (3) Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.
• 10 U.S.C. § 6112(a)(1)(A)

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  (A) defines the Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;
• 10 U.S.C. § 6114(a)

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  (a) The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
• 10 U.S.C. § 6114(c)(1)(C)

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  (C) the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types;
• 10 U.S.C. § 6114(c)(1)(H)

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  (H) mechanisms to expedite the collection of information necessary for carrying out the stockpile management program required by section 6116, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials;
• 10 U.S.C. § 6114(c)(1)(K)

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  (K) mechanisms for allocating funds for activities under the stockpile management program required by section 6116, including allocations of funds by weapon type and facility;
• 10 U.S.C. § 6114(c)(1)(L)

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  (L) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 6116;
• 10 U.S.C. § 6114(c)(1)(M)

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  (M) the status, plans, activities, budgets, and schedules for carrying out the stockpile responsiveness program under section 6131;
• 10 U.S.C. § 6114(c)(1)(N)

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  (N) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 6131; and
• 10 U.S.C. § 6114(c)(3)

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  (3) An assessment of the stockpile stewardship program under section 6111(a) by the Administrator, in consultation with the directors of the national security laboratories, which shall set forth—

  (A) an identification and description of—

  (i) any key technical challenges to the stockpile stewardship program; and

  (ii) the strategies to address such challenges without the use of nuclear testing;

  (B) a strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing;

  (C) an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and

  (D) an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including—

  (i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and

  (ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
• 10 U.S.C. § 6114(c)(3)(A)(i)

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  (i) any key technical challenges to the stockpile stewardship program; and
• 10 U.S.C. § 6114(c)(3)(C)

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  (C) an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and
• 10 U.S.C. § 6114(c)(3)(D)

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  (D) an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including—

  (i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and

  (ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
• 10 U.S.C. § 6114(c)(3)(D)(ii)

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  (ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
• 10 U.S.C. § 6114(c)(6)(F)

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  (F) An estimate of costs relating to the issues, instrumentation, technology, and models described in subparagraphs (A) through (D) over the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
• 10 U.S.C. § 6114(c)(6)(G)

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  (G) An estimate of the cost of eliminating the capability gaps identified under subparagraph (E) over the period covered by the future-years nuclear security program.
• 10 U.S.C. § 6114(c)(7)(C)

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  (C) a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan.
• 10 U.S.C. § 6114(c)(8)

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  (8) An assessment of whether the programs described by the report can be executed with current and projected budgets and any associated risks.
• 10 U.S.C. § 6114(d)(1)(A)(iii)

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  (iii) whether the plan supports the stockpile responsiveness program under section 6131 in a manner that meets the objectives of such program and an identification of any improvements that may be made to the plan to better carry out such program.
• 10 U.S.C. § 6114(e)(2)

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  (2) The term “future-years nuclear security program” means the program required by section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
• 10 U.S.C. § 6114(e)(3)

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  (3) The term “national defense strategy” means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g).
• 10 U.S.C. § 6115

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  In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include—
• 10 U.S.C. § 6116(a)

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  (a) The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a program, in support of the stockpile stewardship program, to provide for the effective management, modernization, and replacement, as required, of the weapons in the nuclear weapons stockpile. The program shall have the following objectives:

  (1) To enhance the performance and reliability of the nuclear weapons stockpile of the United States.

  (2) To further reduce the likelihood of the resumption of underground nuclear weapons testing.

  (3) To maintain the safety and security of the nuclear weapons stockpile.

  (4) To optimize the future size of the nuclear weapons stockpile.

  (5) To reduce the risk of an accidental detonation of an element of the stockpile.

  (6) To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies.
• 10 U.S.C. § 6116(b)

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  (b) In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall ensure that—

  (1) any changes made to the stockpile shall be consistent with the objectives identified in subsection (a);

  (2) any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and

  (3) any such changes made to the stockpile shall—

  (A) be well understood and certifiable without the need to resume underground nuclear weapons testing;

  (B) use the design, certification, and production expertise resident in the nuclear security enterprise to fulfill current mission requirements of the existing stockpile; and

  (C) develop future generations of design, certification, and production expertise in the nuclear security enterprise to support the fulfillment of mission requirements of the future stockpile.
• 10 U.S.C. § 6116(c)

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  (c) In accordance with the requirements under section 6120, for each budget submitted by the President to Congress under section 1105 of title 31, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
• 10 U.S.C. § 6117(e)(4)(C)

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  (C) the views of the Commander on the stockpile responsiveness program under section 6131, the activities conducted under such program, and any suggestions to improve such program.
• 10 U.S.C. § 6119(a)

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  (a) The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reliability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehensive ban on nuclear explosives testing is negotiated and ratified within the framework agreed to by the United States and the Russian Federation.
• 10 U.S.C. § 6119(b)

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  (b) The purposes of the program under subsection (a) shall be the following:

  (1) To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.

  (2) To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nuclear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reliability and safety requirements under a low-threshold or comprehensive test ban agreement.

  (3) To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.
• 10 U.S.C. § 6119(b)(1)

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  (1) To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.
• 10 U.S.C. § 6119(b)(3)

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  (3) To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.
• 10 U.S.C. § 6119(c)

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  (c) The Secretary of Energy shall carry out the program provided for in subsection (a). The program shall be carried out with the participation of representatives of the Department of Defense, the nuclear weapons production facilities, and the national security laboratories.
• 10 U.S.C. § 6122(a)(1)

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  (1) The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the following objectives:

  (A) To provide a stockpile surveillance engineering base.

  (B) To refabricate and certify weapon components and types in the enduring nuclear weapons stockpile, as necessary.

  (C) To fabricate and certify new nuclear warheads, as necessary.

  (D) To support nuclear weapons.

  (E) To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require.
• 10 U.S.C. § 6122(a)(2)

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  (2) The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities necessary to meet the requirements specified in the annual Nuclear Weapons Stockpile Memorandum.
• 10 U.S.C. § 6122(b)

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  (b) The manufacturing infrastructure established under the program under subsection (a) shall include the following capabilities (modernized to attain the objectives referred to in that subsection):

  (1) The weapons assembly and high explosives manufacturing capabilities of the Pantex Plant.

  (2) The weapon secondary fabrication capabilities of the Y–12 National Security Complex, Oak Ridge, Tennessee.

  (3) The capabilities of the Savannah River Site relating to tritium recycling and processing.

  (4) The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.

  (5) The non-nuclear component capabilities of the Kansas City National Security Campus, Kansas City, Missouri.
• 10 U.S.C. § 6125(b)(2)(A)

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  (A) whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and
• 10 U.S.C. § 6125(c)

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  (c) Upon the request of the Administrator, the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation and in consultation with the Administrator, may conduct an independent cost assessment of any initiative or program of the Administration that is estimated to cost more than $500,000,000.
• 10 U.S.C. § 6126(a)(2)

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  (2) It is in the security interest of the United States to sustain the United States nuclear weapons stockpile through a program of stockpile stewardship, carried out at the national security laboratories and nuclear weapons production facilities.
• 10 U.S.C. § 6128(b)

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  (b) Not later than March 1, 2015, and each year thereafter through 2030, the Secretary of Energy shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary of Energy will enable the nuclear security enterprise to meet the requirements under subsection (a).
• 10 U.S.C. § 6128(d)(1)

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  (1) Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.
• 10 U.S.C. § 6128(d)(2)

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  (2) If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.
• 10 U.S.C. § 6128(h)

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  (h) Not later than 570 days after December 22, 2023, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the best practices for schedule development and cost estimating of the Government Accountability Office.
• 10 U.S.C. § 6129(a)

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  (a) The Administrator shall complete the milestones on plutonium pit aging identified in the report entitled “Research Program Plan for Plutonium and Pit Aging”, published by the Administration in September 2021.
• 10 U.S.C. § 6129(b)(1)

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  (1) acting through the Defense Programs Advisory Committee, conduct biennial reviews during the period beginning not later than one year after the date of the enactment of this Act and ending December 31, 2030, regarding the progress achieved toward completing the milestones described in subsection (a); and
• 10 U.S.C. § 6130(a)

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  (a) The Administrator for Nuclear Security may authorize management and operating contractors at covered facilities to develop and implement workforce development and training partnership programs to further the education and training of employees or prospective employees of such management and operating contractors to meet the requirements of section 6128.
• 10 U.S.C. § 6130(b)

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  (b) To carry out subsection (a), a management and operating contractor at a covered facility may provide funding through grants or other means to cover the costs of the development and implementation of a workforce development and training partnership program authorized under such subsection, including costs relating to curriculum development, hiring of teachers, procurement of equipment and machinery, use of facilities or other properties, and provision of scholarships and fellowships.
• 10 U.S.C. § 6131(b)

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  (b) The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a stockpile responsiveness program, along with the stockpile stewardship program under section 6111 and the stockpile management program under section 6116, to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons.
• 10 U.S.C. § 6131(c)

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  (c) The program under subsection (b) shall have the following objectives:

  (1) Identify, sustain, enhance, integrate, and continually exercise all of the capabilities, infrastructure, tools, and technologies across the science, engineering, design, certification, and manufacturing cycle required to carry out all phases of the joint nuclear weapons life cycle process, with respect to both the nuclear security enterprise and relevant elements of the Department of Defense.

  (2) Identify, enhance, and transfer knowledge, skills, and direct experience with respect to all phases of the joint nuclear weapons life cycle process from one generation of nuclear weapon designers and engineers to the following generation.

  (3) Continually demonstrate stockpile responsiveness throughout the range of capabilities as required, such as through the use of prototypes, flight testing, integrated system demonstrations, and development of plans for certification without the need for nuclear explosive testing.

  (4) Develop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce design, certification, and manufacturing cycles cost and schedule.

  (5) Continually exercise processes for the integration and coordination of all relevant elements and processes of the Administration and the Department of Defense required to ensure stockpile responsiveness.

  (6) The retention of the ability, in coordination with the Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries if needed to meet intelligence requirements and, if necessary, to conduct no-yield testing of those prototypes.
• 10 U.S.C. § 6131(c)(4)

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  (4) Develop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce design, certification, and manufacturing cycles cost and schedule.
• 10 U.S.C. § 6132(b)(1)

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  (1) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is allocated to national security requirements.
• 10 U.S.C. § 6132(b)(2)

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  (2) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is not allocated to national security requirements but could be allocated to such requirements.
• 10 U.S.C. § 6132(b)(3)

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  (3) An identification of national security requirements for unencumbered uranium through 2070, by program source and enrichment level.
• 10 U.S.C. § 6134(a)(1)

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  (1) The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies relating to transportation and shipping developed by the Integrated Surety Architecture program of the Administration.
• 10 U.S.C. § 6134(b)(1)

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  (1) The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall ensure that each program described in paragraph (2) incorporates integrated designs compatible with the Integrated Surety Architecture program.
• 10 U.S.C. § 6134(b)(2)

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  (2) A program described in this subsection is a program of the Administration that is a warhead development program, a life extension program, or a warhead major alteration program.
• 10 U.S.C. § 6134(c)(1)

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  (1) If, on a case-by-case basis, the Administrator determines that a shipment under subsection (a) will not incorporate some or all of the surety technologies described in such subsection, or that a program under subsection (b) will not incorporate some or all of the integrated designs described in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results of an analysis conducted pursuant to paragraph (2).
• 10 U.S.C. § 6135(a)(1)(C)

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  (C) An initial assessment of the requirements a W93 nuclear weapon program is likely to generate for the nuclear security enterprise, including—

  (i) adjustments to the size and composition of the workforce;

  (ii) additions to existing weapon design and production capabilities; or

  (iii) additional facility recapitalization or new construction.
• 10 U.S.C. § 6135(a)(1)(D)

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  (D) A preliminary description of other significant requirements for a W93 nuclear weapon program, including—

  (i) first production unit date;

  (ii) initial operational capability date;

  (iii) full operational capability date; and

  (iv) any unique safety and surety requirements that could increase design complexity or cost estimate uncertainty.
• 10 U.S.C. § 6135(b)(1)(A)

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  (A) phases 1 through 5 of the joint nuclear weapons life cycle for the weapon will employ, at a minimum, the same best practices and will provide Congress with the same level of programmatic insight as exists under the phase 6.X process for life extension programs; and
• 10 U.S.C. § 6136(a)(1)

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  (1) review and validate whether the earned value management systems of contractors of the Administration for life extension programs meet the earned value management national standard; and
• 10 U.S.C. § 6136(a)(2)

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  (2) conduct periodic surveillance reviews of such systems to ensure that such systems maintain compliance with that standard through program completion.
• 10 U.S.C. § 6136(b)(1)

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  (1) establish specific benchmarks for technology readiness levels of critical technologies for life extension programs at key decision points; and
• 10 U.S.C. § 6136(c)

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  (c) This section shall apply to programs that, as of January 1, 2021, have not entered phase 3 of the nuclear weapons acquisition process or phase 6.3 of a nuclear weapons life extension program.
• 10 U.S.C. § 6137(a)

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  (a) The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the “rapid capabilities program”) to develop new nuclear weapons or modified nuclear weapons that meet military requirements.
• 10 U.S.C. § 6137(b)

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  (b) The program under subsection (a) shall have the following objectives:

  (1) Identify and assess potential design concepts for rapid development feasability.

  (2) Carry out projects with the goal of achieving first production unit within 5 years of project initiation.

  (3) Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability.

  (4) Maximize reuse of existing components, non-serial manufacturing, and limited production quantities.

  (5) Minimize disruption to other major nuclear weapons stockpile modernization programs.

  (6) Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process.
• 10 U.S.C. § 6137(b)(5)

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  (5) Minimize disruption to other major nuclear weapons stockpile modernization programs.
• 10 U.S.C. § 6137(c)

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  (c) In carrying out the objectives of the program under subsection (b), the Administrator shall establish an advisory board, which shall be responsible for advising the Administrator with respect to military and deterrence policy requirements related to the activities of the program. Such advisory board shall be composed of the following members:

  (1) The Principal Deputy Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs.

  (2) The Director for Strategy, Plans, and Policy of the Joint Staff.

  (3) The Director of Navy Strategic Systems Programs.

  (4) The Deputy Commander of Air Force Global Strike Command.
• 10 U.S.C. § 6137(c)(1)

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  (1) The Principal Deputy Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs.
• 10 U.S.C. § 6137(c)(3)

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  (3) The Director of Navy Strategic Systems Programs.
• 10 U.S.C. § 6137(d)

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  (d) In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
• 10 U.S.C. § 6141(a)

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  (a) The Secretary of Energy shall establish a tritium production program that is capable of meeting the tritium requirements of the United States for nuclear weapons.
• 10 U.S.C. § 6141(c)

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  (c) The Secretary may perform in-reactor tests of tritium target rods as part of the activities carried out under the commercial light water reactor program.
• 10 U.S.C. § 6142(b)(2)

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  (2) Work on tritium in support of the defense inertial confinement fusion program.
• 10 U.S.C. § 6142(b)(3)

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  (3) Provision of technical assistance to the Savannah River Site regarding the weapons surveillance program.
• 10 U.S.C. § 6151

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  The Secretary of Energy may conduct programs designed to improve the protection, control, and accountability of fissile materials in Russia.
• 10 U.S.C. § 6155(a)(2)

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  (2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b).
• 10 U.S.C. § 6155(b)

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  (b) The Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion.
• 10 U.S.C. § 6155(c)(1)

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  (1) Activities under the program under subsection (b) may include the following:

  (A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide.

  (B) Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment.

  (C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States.

  (D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition.

  (E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials, radiological materials, and related equipment pending their removal from their current sites.

  (F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future.

  (G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities.

  (H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended.

  (I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide.

  (J) The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets.

  (K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium.

  (L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment.

  (M) Programs to—

  (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and

  (ii) convert (including through the use of alternative technologies) sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat.
• 10 U.S.C. § 6155(c)(1)(M)

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  (M) Programs to—

  (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and

  (ii) convert (including through the use of alternative technologies) sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat.
• 10 U.S.C. § 6155(c)(1)(M)(i)

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  (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and
• 10 U.S.C. § 6155(c)(2)

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  (2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government.
• 10 U.S.C. § 6155(c)(3)

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  (3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program.
• 10 U.S.C. § 6155(d)

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  (d) Amounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section.
• 10 U.S.C. § 6155(e)(1)

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  (1) The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the programs described in paragraph (2).
• 10 U.S.C. § 6155(e)(2)

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  (2) The programs described in this paragraph are any programs within the Office of Defense Nuclear Nonproliferation of the National Nuclear Security Administration.
• 10 U.S.C. § 6155(e)(3)

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  (3) Notwithstanding section 3302 of title 31, the Secretary of Energy may retain and use amounts contributed under an agreement under paragraph (1) for purposes of the programs described in paragraph (2). Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation.
• 10 U.S.C. § 6156(a)

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  (a) The Administrator shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.
• 10 U.S.C. § 6156(b)

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  (b) To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

  (1) is voluntary for owners of blood irradiation devices;

  (2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

  (3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

  (4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.
• 10 U.S.C. § 6156(b)(2)

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  (2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;
• 10 U.S.C. § 6156(b)(3)

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  (3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and
• 10 U.S.C. § 6156(c)

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  (c) The Administrator shall carry out the covered programs until December 31, 2027.
• 10 U.S.C. § 6156(d)

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  (d) Not later than 180 days after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

  (1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

  (2) a plan for achieving the goal established by subsection (a);

  (3) a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

  (4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

  (5) identification of the annual funds required to meet the goal established by subsection (a); and

  (6) a description of the disposal path for cesium chloride sources under the covered programs.
• 10 U.S.C. § 6156(d)(6)

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  (6) a description of the disposal path for cesium chloride sources under the covered programs.
• 10 U.S.C. § 6156(e)

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  (e) The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

  (1) the number of replacement irradiators under the covered programs;

  (2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

  (3) the cost-effectiveness of the covered programs;

  (4) an analysis of the effectiveness of the new irradiation devices’ technology; and

  (5) a forecast of whether the Administrator will meet the goal established in subsection (a).
• 10 U.S.C. § 6156(e)(1)

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  (1) the number of replacement irradiators under the covered programs;
• 10 U.S.C. § 6156(e)(2)

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  (2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;
• 10 U.S.C. § 6156(e)(3)

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  (3) the cost-effectiveness of the covered programs;
• 10 U.S.C. § 6156(f)(2)

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  (2) The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

  (A) The Cesium Irradiator Replacement Program.

  (B) The Off-Site Source Recovery Program.
• 10 U.S.C. § 6156(f)(2)(A)

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  (A) The Cesium Irradiator Replacement Program.
• 10 U.S.C. § 6156(f)(2)(B)

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  (B) The Off-Site Source Recovery Program.
• 10 U.S.C. § 6158(1)

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  (1) to acquire for the materials information program of the Department of Energy validated information on the physical characteristics of radioactive material produced, used, or stored at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon; and
• 10 U.S.C. § 6159(a)

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  (a) The Administrator shall develop and annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the Administration to prevent and counter the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear terrorism and the proliferation of such weapons.
• 10 U.S.C. § 6159(c)

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  (c) The plan required by subsection (a) shall include, with respect to each defense nuclear nonproliferation program of the Administration, the following:

  (1) A description of the policy context in which the program operates, including—

  (A) a list of relevant laws, policy directives issued by the President, and international agreements; and

  (B) nuclear nonproliferation activities carried out by other Federal agencies.

  (2) A description of the objectives and priorities of the program during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be.

  (3) A description of the activities carried out under the program during that year.

  (4) A description of the accomplishments and challenges of the program during that year, based on an assessment of metrics and objectives previously established to determine the effectiveness of the program.

  (5) A description of any gaps that remain that were not or could not be addressed by the program during that year.

  (6) An identification and explanation of uncommitted or uncosted balances for the program, as of the date of the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, that are greater than the acceptable carryover thresholds, as determined by the Secretary of Energy.

  (7) An identification of funds for the program received through contributions from or cost-sharing agreements with foreign governments consistent with section 6155(e) during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, and an explanation of such contributions and agreements.

  (8) A description and assessment of activities carried out under the program during that year that were coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.

  (9) Plans for activities of the program during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted, including activities with respect to the following:

  (A) Preventing nuclear and radiological proliferation and terrorism, including through—

  (i) material management and minimization, particularly with respect to removing or minimizing the use of highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), efforts to dispose of surplus material, converting reactors from highly enriched uranium to low-enriched uranium (and identifying the countries in which such reactors are located);

  (ii) global nuclear material security, including securing highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), and providing radiation detection capabilities at foreign ports and borders;

  (iii) nonproliferation and arms control, including nuclear verification and safeguards;

  (iv) defense nuclear research and development, including a description of activities related to developing and improving technology to detect the proliferation and detonation of nuclear weapons, verifying compliance of foreign countries with commitments under treaties and agreements relating to nuclear weapons, and detecting the diversion of nuclear materials (including safeguards technology); and

  (v) nonproliferation construction programs, including activities associated with Department of Energy Order 413.1 (relating to program management controls).

  (B) Countering nuclear and radiological proliferation and terrorism.

  (C) Responding to nuclear and radiological proliferation and terrorism, including through—

  (i) crisis operations;

  (ii) consequences management; and

  (iii) emergency management, including international capacity building.

  (10) A threat assessment, carried out by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), with respect to the risk of nuclear and radiological proliferation and terrorism and a description of how each activity carried out under the program will counter the threat during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted and, as appropriate, in the longer term.

  (11) A plan for funding the program during that five-year period.

  (12) An identification of metrics and objectives for determining the effectiveness of each activity carried out under the program during that five-year period.

  (13) A description of the activities to be carried out under the program during that five-year period and a description of how the program will be prioritized relative to other defense nuclear nonproliferation programs of the Administration during that five-year period to address the highest priority risks and requirements, as informed by the threat assessment carried out under paragraph (10).

  (14) A description and assessment of activities to be carried out under the program during that five-year period that will be coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.

  (15) A summary of the technologies and capabilities documented under section 6160(a).

  (16) A summary of the assessments conducted under section 6160(b)(1).

  (17) Such other matters as the Administrator considers appropriate.
• 10 U.S.C. § 6159(c)(1)

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  (1) A description of the policy context in which the program operates, including—

  (A) a list of relevant laws, policy directives issued by the President, and international agreements; and

  (B) nuclear nonproliferation activities carried out by other Federal agencies.
• 10 U.S.C. § 6159(c)(2)

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  (2) A description of the objectives and priorities of the program during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be.
• 10 U.S.C. § 6159(c)(3)

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  (3) A description of the activities carried out under the program during that year.
• 10 U.S.C. § 6159(c)(4)

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  (4) A description of the accomplishments and challenges of the program during that year, based on an assessment of metrics and objectives previously established to determine the effectiveness of the program.
• 10 U.S.C. § 6159(c)(5)

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  (5) A description of any gaps that remain that were not or could not be addressed by the program during that year.
• 10 U.S.C. § 6159(c)(6)

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  (6) An identification and explanation of uncommitted or uncosted balances for the program, as of the date of the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, that are greater than the acceptable carryover thresholds, as determined by the Secretary of Energy.
• 10 U.S.C. § 6159(c)(7)

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  (7) An identification of funds for the program received through contributions from or cost-sharing agreements with foreign governments consistent with section 6155(e) during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, and an explanation of such contributions and agreements.
• 10 U.S.C. § 6159(c)(8)

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  (8) A description and assessment of activities carried out under the program during that year that were coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
• 10 U.S.C. § 6159(c)(9)

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  (9) Plans for activities of the program during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted, including activities with respect to the following:

  (A) Preventing nuclear and radiological proliferation and terrorism, including through—

  (i) material management and minimization, particularly with respect to removing or minimizing the use of highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), efforts to dispose of surplus material, converting reactors from highly enriched uranium to low-enriched uranium (and identifying the countries in which such reactors are located);

  (ii) global nuclear material security, including securing highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), and providing radiation detection capabilities at foreign ports and borders;

  (iii) nonproliferation and arms control, including nuclear verification and safeguards;

  (iv) defense nuclear research and development, including a description of activities related to developing and improving technology to detect the proliferation and detonation of nuclear weapons, verifying compliance of foreign countries with commitments under treaties and agreements relating to nuclear weapons, and detecting the diversion of nuclear materials (including safeguards technology); and

  (v) nonproliferation construction programs, including activities associated with Department of Energy Order 413.1 (relating to program management controls).

  (B) Countering nuclear and radiological proliferation and terrorism.

  (C) Responding to nuclear and radiological proliferation and terrorism, including through—

  (i) crisis operations;

  (ii) consequences management; and

  (iii) emergency management, including international capacity building.
• 10 U.S.C. § 6159(c)(9)(A)(v)

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  (v) nonproliferation construction programs, including activities associated with Department of Energy Order 413.1 (relating to program management controls).
• 10 U.S.C. § 6159(c)(10)

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  (10) A threat assessment, carried out by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), with respect to the risk of nuclear and radiological proliferation and terrorism and a description of how each activity carried out under the program will counter the threat during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted and, as appropriate, in the longer term.
• 10 U.S.C. § 6159(c)(11)

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  (11) A plan for funding the program during that five-year period.
• 10 U.S.C. § 6159(c)(12)

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  (12) An identification of metrics and objectives for determining the effectiveness of each activity carried out under the program during that five-year period.
• 10 U.S.C. § 6159(c)(13)

  Go to provision →
  (13) A description of the activities to be carried out under the program during that five-year period and a description of how the program will be prioritized relative to other defense nuclear nonproliferation programs of the Administration during that five-year period to address the highest priority risks and requirements, as informed by the threat assessment carried out under paragraph (10).
• 10 U.S.C. § 6159(c)(14)

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  (14) A description and assessment of activities to be carried out under the program during that five-year period that will be coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
• 10 U.S.C. § 6160(a)

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  (a) The Administrator shall document, for efforts that are not focused on basic research, the technologies and capabilities of the defense nuclear nonproliferation research and development program that—

  (1) are transitioned to end users for further development or deployment; and

  (2) are deployed.
• 10 U.S.C. § 6160(b)(1)

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  (1) In assessing projects under the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control program, the Administrator shall compare the status of each such project, including with respect to the final results of such project, to the baseline targets and goals established in the initial project plan of such project.
• 10 U.S.C. § 6161(b)

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  (b) In this section, the term “covered hardware project” means a project carried out under the defense nuclear nonproliferation research and development program that—

  (1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and

  (2) exceeds $500,000,000 in total program cost over the course of five years.
• 10 U.S.C. § 6161(b)(2)

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  (2) exceeds $500,000,000 in total program cost over the course of five years.
• 10 U.S.C. § 6173(c)(2)

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  (2) The Secretary may authorize the manager of a defense nuclear facility for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the Department of Energy designated by the Secretary) to pay routine administrative expenses of a citizen advisory board established for that facility. Such payments shall be made from funds available to the Secretary for defense environmental cleanup activities necessary for national security programs.
• 10 U.S.C. § 6174(d)(1)

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  (1) Program support.
• 10 U.S.C. § 6174(d)(2)

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  (2) Program direction.
• 10 U.S.C. § 6176(a)

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  (a) The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—

  (1) the reduction of environmental hazards and contamination resulting from defense waste; and

  (2) environmental restoration of inactive defense waste disposal sites.
• 10 U.S.C. § 6177(a)(1)

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  (1) The Secretary may establish a program, to be known as the “Incremental Technology Development Program”, to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office.
• 10 U.S.C. § 6177(a)(2)(A)

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  (A) In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—

  (i) decontamination chemicals and techniques;

  (ii) remote sensing and wireless communication to reduce manpower and laboratory efforts;

  (iii) detection, assay, and certification instrumentation; and

  (iv) packaging materials, methods, and shipping systems.
• 10 U.S.C. § 6177(a)(2)(B)

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  (B) The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A).
• 10 U.S.C. § 6177(a)(3)(A)

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  (A) In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations.
• 10 U.S.C. § 6177(a)(3)(B)

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  (B) The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program.
• 10 U.S.C. § 6177(a)(4)(A)

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  (A) In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2).
• 10 U.S.C. § 6177(a)(4)(D)

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  (D) Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
• 10 U.S.C. § 6177(b)(1)

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  (1) The Secretary shall establish a program, to be known as the “High-Impact Technology Development Program”, under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—

  (A) holistically address difficult challenges;

  (B) hold the promise of breakthrough improvements; or

  (C) align existing or in-use technologies with difficult challenges.
• 10 U.S.C. § 6177(b)(2)

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  (2) The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:

  (A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—

  (i) real-time field acquisition; and

  (ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration.

  (B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex.

  (C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—

  (i) remediation systems; and

  (ii) noninvasive near-field monitoring techniques.

  (D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—

  (i) rapid and nondestructive examination and assay techniques; and

  (ii) methods to determine radio-nuclide, heavy metals, and organic constituents.

  (E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites.

  (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.

  (G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—

  (i) to address engineering adaptations;

  (ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and

  (iii) to enable successful deployment at full-scale and in support of operations.

  (H) Developing and demonstrating rapid testing protocols that—

  (i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community;

  (ii) can be used to measure long-term waste form performance under realistic disposal environments;

  (iii) can determine whether a stabilized waste is suitable for disposal; and

  (iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal.

  (I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury.

  (J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines.
• 10 U.S.C. § 6177(b)(2)(F)

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  (F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.
• 10 U.S.C. § 6177(b)(3)(A)

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  (A) The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—

  (i) transparent and open competition; and

  (ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.
• 10 U.S.C. § 6177(b)(3)(B)

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  (B) Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
• 10 U.S.C. § 6177(c)(1)

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  (1) The Secretary shall establish a program, to be known as the “Environmental Management University Program”, to—

  (A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise;

  (B) provide institutions of higher education and the Department access to advances in engineering and science;

  (C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and

  (D) encourage current employees of the Department to pursue advanced degrees.
• 10 U.S.C. § 6177(c)(2)

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  (2) The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:

  (A) The atomic- and molecular-scale chemistries of waste processing.

  (B) Contaminant immobilization in engineered and natural systems.

  (C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine.

  (D) Elucidating and exploiting complex speciation and reactivity far from equilibrium.

  (E) Understanding and controlling chemical and physical processes at interfaces.

  (F) Harnessing physical and chemical processes to revolutionize separations.

  (G) Tailoring waste forms for contaminants in harsh chemical environments.

  (H) Predicting and understanding subsurface system behavior and response to perturbations.
• 10 U.S.C. § 6177(c)(3)

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  (3) In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period.
• 10 U.S.C. § 6177(c)(4)

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  (4) In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects.
• 10 U.S.C. § 6177(c)(5)

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  (5) In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management.
• 10 U.S.C. § 6177(c)(6)

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  (6) In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions.
• 10 U.S.C. § 6180(a)(2)

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  (2) In paragraph (1), the term “future defense environmental management matter” means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.
• 10 U.S.C. § 6202(b)(3)(B)

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  (B) Such delegation shall include, at a minimum, authorities for contracting, financial management, safety, and general program management that are equivalent to the authorities of managers of other operations offices of the Department of Energy.
• 10 U.S.C. § 6203

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  The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the “River Protection Project”. Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.
• 10 U.S.C. § 6224(a)

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  (a) The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.
• 10 U.S.C. § 6224(b)(1)

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  (1) The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act).
• 10 U.S.C. § 6224(b)(2)

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  (2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.
• 10 U.S.C. § 6224(b)(3)

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  (3) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.
• 10 U.S.C. § 6224(b)(4)

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  (4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—

  (A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

  (B) an employee or contractor who requires access to classified information.
• 10 U.S.C. § 6228(b)(2)(A)

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  (A) The Deputy Administrator for Defense Programs.
• 10 U.S.C. § 6228(c)(1)(B)(iii)

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  (iii) A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.
• 10 U.S.C. § 6228(c)(2)(B)(ii)

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  (ii) provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and
• 10 U.S.C. § 6228(d)(3)(B)

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  (B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.
• 10 U.S.C. § 6228(d)(4)

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  (4) The term “subcontractor” means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
• 10 U.S.C. § 6242(a)

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  (a) The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
• 10 U.S.C. § 6243(c)(6)(A)

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  (A) programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);
• 10 U.S.C. § 6243(c)(6)(B)

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  (B) programs carried out pursuant to the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101–510; 10 U.S.C. 2391 note); and
• 10 U.S.C. § 6243(c)(6)(C)

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  (C) programs carried out by the Department of Commerce pursuant to title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.).
• 10 U.S.C. § 6243(f)(1)

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  (1) a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, and the 236 H facility at Savannah River, South Carolina), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;
• 10 U.S.C. § 6251(a)

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  (a) The Secretary of Energy shall establish and implement a management training program for personnel of the Department of Energy involved in the management of atomic energy defense activities.
• 10 U.S.C. § 6251(b)

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  (b) The training program shall at a minimum include instruction in the following areas:

  (1) Department of Energy policy and procedures for management and operation of atomic energy defense facilities.

  (2) Methods of evaluating technical performance.

  (3) Federal and State environmental laws and requirements for compliance with such environmental laws, including timely compliance with reporting requirements in such laws.

  (4) The establishment of program milestones and methods to evaluate success in meeting such milestones.

  (5) Methods for conducting long-range technical and budget planning.

  (6) Procedures for reviewing and applying innovative technology to defense environmental cleanup.
• 10 U.S.C. § 6251(b)(4)

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  (4) The establishment of program milestones and methods to evaluate success in meeting such milestones.
• 10 U.S.C. § 6252(a)(1)

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  (1) As part of the stockpile stewardship program established pursuant to section 6111, the Secretary of Energy shall conduct a stockpile stewardship recruitment and training program at the national security laboratories.
• 10 U.S.C. § 6252(a)(2)

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  (2) The recruitment and training program shall be conducted in coordination with the Chairman of the Joint Nuclear Weapons Council established by section 179 and the directors of the laboratories referred to in paragraph (1).
• 10 U.S.C. § 6252(b)

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  (b) As part of the recruitment and training program, the directors of the national security laboratories may employ undergraduate students, graduate students, and postdoctoral fellows to carry out research sponsored by such laboratories for military or nonmilitary dual-use programs related to nuclear weapons stockpile stewardship.
• 10 U.S.C. § 6252(c)

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  (c) As part of the training and recruitment program, the Secretary, in coordination with the directors of the national security laboratories, shall establish for the laboratories a retiree corps of retired scientists who have expertise in research and development of nuclear weapons. The directors may employ the retired scientists on a part-time basis to provide appropriate assistance on nuclear weapons issues, to contribute relevant information to be archived, and to help to provide training to other scientists.
• 10 U.S.C. § 6253(a)

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  (a) The Secretary of Energy shall conduct a fellowship program for the development of skills critical to the ongoing mission of the nuclear security enterprise. Under the fellowship program, the Secretary shall provide educational assistance and research assistance to eligible individuals to facilitate the development by such individuals of skills critical to maintaining the ongoing mission of the nuclear security enterprise.
• 10 U.S.C. § 6253(b)

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  (b) Individuals eligible for participation in the fellowship program are United States citizens who are either of the following:

  (1) Students pursuing graduate degrees in fields of science or engineering that are related to nuclear weapons engineering or to the science and technology base of the Department of Energy.

  (2) Individuals engaged in postdoctoral studies in such fields.
• 10 U.S.C. § 6253(c)

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  (c) The Secretary shall carry out the fellowship program at or in connection with the national security laboratories and nuclear weapons production facilities.
• 10 U.S.C. § 6253(d)

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  (d) The Secretary shall carry out the fellowship program at a facility referred to in subsection (c) through the stockpile manager of the facility.
• 10 U.S.C. § 6253(e)

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  (e) The Secretary shall, in consultation with the Assistant Secretary of Energy for Defense Programs, allocate funds available for the fellowship program under subsection (f) among the facilities referred to in subsection (c). The Secretary shall make the allocation after evaluating an assessment by the weapons program director of each such facility of the personnel and critical skills necessary at the facility for carrying out the ongoing mission of the facility.
• 10 U.S.C. § 6253(f)(1)

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  (1) The Secretary may allow an individual to participate in the program only if the individual signs an agreement described in paragraph (2).
• 10 U.S.C. § 6261(a)(2)(A)(i)

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  (i) implementing and conducting effective training and education programs relating to the general health and safety of workers; and
• 10 U.S.C. § 6261(a)(2)(B)

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  (B) The Secretary shall give preference in the award of grants under this section to employee organizations and joint labor-management training programs that are grant recipients under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a).
• 10 U.S.C. § 6262(2)(B)

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  (B) the assessment of the effectiveness of Department program offices in carrying out programs relating to the environment, safety, health, and security at defense nuclear facilities;
• 10 U.S.C. § 6262(2)(C)(ii)

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  (ii) provide a clear analysis of the extent to which line programs governing defense nuclear facilities meet applicable goals for the environment, safety, health, and security at such facilities; and
• 10 U.S.C. § 6262(2)(D)

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  (D) the development of clear performance standards to be used in assessing the adequacy of the programs referred to in subparagraph (C)(ii);
• 10 U.S.C. § 6263(a)

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  (a) The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.
• 10 U.S.C. § 6263(b)(1)

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  (1) The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—

  (A) identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;

  (B) identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);

  (C) determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;

  (D) make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;

  (E) ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and

  (F) ensure that employee participation in the program is voluntary.
• 10 U.S.C. § 6263(b)(1)(F)

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  (F) ensure that employee participation in the program is voluntary.
• 10 U.S.C. § 6263(b)(6)

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  (6) The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.
• 10 U.S.C. § 6263(c)

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  (c) Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.
• 10 U.S.C. § 6264(a)

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  (a) Of the funds authorized to be appropriated to the Department of Energy under title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), the Secretary of Energy shall make available $3,000,000 to the State of Washington, $1,000,000 to the State of Oregon, and $1,000,000 to the State of Idaho. Such funds shall be used to develop and implement programs for the benefit of persons who may have been exposed to radiation released from the Department of Energy Hanford Nuclear Reservation (Richland, Washington) between the years 1944 and 1972.
• 10 U.S.C. § 6264(b)

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  (b) The programs to be developed by the States may include only the following activities:

  (1) Preparing and distributing information on the health effects of radiation to health care professionals, and to persons who may have been exposed to radiation.

  (2) Developing and implementing mechanisms for referring persons who may have been exposed to radiation to health care professionals with expertise in the health effects of radiation.

  (3) Evaluating and, if feasible, implementing, registration and monitoring of persons who may have been exposed to radiation released from the Hanford Nuclear Reservation.
• 10 U.S.C. § 6264(c)(4)

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  (4) In developing and implementing the plan, such States shall consult with persons carrying out current radiation dose and epidemiological research programs (including the Hanford Thyroid Disease Study of the Centers for Disease Control and Prevention and the Hanford Environmental Dose Reconstruction Project of the Department of Energy), and may not cause substantial damage to such research programs.
• 10 U.S.C. § 6264(d)(1)(A)

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  (A) Any information obtained through a program that identifies a person who may have been exposed to radiation released from the Hanford Nuclear Reservation.
• 10 U.S.C. § 6264(d)(1)(B)

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  (B) Any information obtained through a program that identifies a person participating in any of the programs developed under this section.
• 10 U.S.C. § 6264(d)(1)(F)

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  (F) Information that identifies the person from whom information referred to in this paragraph was obtained under a program or any other third party involved with, or identified by, any such information so obtained.
• 10 U.S.C. § 6266(a)

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  (a) The Secretary of Energy or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of a nuclear criticality incident resulting from a covered program that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility by not later than 15 days after the date of such incident.
• 10 U.S.C. § 6266(c)(2)

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  (2) An incident described in this paragraph is any of the following incidents resulting from a covered program:

  (A) A nuclear criticality incident that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility.

  (B) A non-nuclear incident that results in serious bodily injury or fatality at a covered facility.
• 10 U.S.C. § 6266(e)(2)(B)

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  (B) a facility conducting activities for the defense environmental cleanup program of the Office of Environmental Management of the Department of Energy.
• 10 U.S.C. § 6266(e)(3)

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  (3) The term “covered program” means—

  (A) programs of the Administration; and

  (B) defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
• 10 U.S.C. § 6266(e)(3)(A)

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  (A) programs of the Administration; and
• 10 U.S.C. § 6266(e)(3)(B)

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  (B) defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
• 10 U.S.C. § 6271(1)

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  (1) The term “DOE national security authorization” means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security.
• 10 U.S.C. § 6272(a)

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  (a) Except as provided in subsection (b) and in sections 5791 and 5792¹ of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—

  (1) in amounts that exceed, in a fiscal year—

  (A) 115 percent of the amount authorized for that program by that authorization for that fiscal year; or

  (B) $5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or

  (2) which has not been presented to, or requested of, Congress.
• 10 U.S.C. § 6272(a)(1)(A)

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  (A) 115 percent of the amount authorized for that program by that authorization for that fiscal year; or
• 10 U.S.C. § 6272(a)(1)(B)

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  (B) $5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or
• 10 U.S.C. § 6275(a)

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  (a) Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—

  (1) the amount authorized for the project; or

  (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.
• 10 U.S.C. § 6276(c)(1)

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  (1) may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and
• 10 U.S.C. § 6277(a)(1)

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  (1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.
• 10 U.S.C. § 6278(a)

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  (a) The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
• 10 U.S.C. § 6279

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  In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto.
• 10 U.S.C. § 6280(b)

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  (b) Amounts appropriated for program direction pursuant to a DOE national security authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.
• 10 U.S.C. § 6281(a)

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  (a) The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental cleanup funds from a program or project under the jurisdiction of that office to another such program or project.
• 10 U.S.C. § 6281(b)(1)

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  (1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
• 10 U.S.C. § 6281(b)(2)

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  (2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
• 10 U.S.C. § 6281(b)(4)

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  (4) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
• 10 U.S.C. § 6281(e)(1)

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  (1) The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.
• 10 U.S.C. § 6281(e)(2)

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  (2) The term “defense environmental cleanup funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.
• 10 U.S.C. § 6282(a)

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  (a) The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of that office to another such program or project.
• 10 U.S.C. § 6282(b)(1)

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  (1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
• 10 U.S.C. § 6282(b)(2)

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  (2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
• 10 U.S.C. § 6282(b)(4)

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  (4) A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project.
• 10 U.S.C. § 6282(b)(5)

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  (5) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
• 10 U.S.C. § 6282(e)(1)

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  (1) The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated.
• 10 U.S.C. § 6282(e)(2)

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  (2) The term “weapons activities funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.
• 10 U.S.C. § 6283

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  Subject to the provisions of appropriation Acts and section 6272, amounts appropriated pursuant to a DOE national security authorization for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy.
• 10 U.S.C. § 6284(a)(1)(A)

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  (A) The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration prior to entry into Phase 6.4 or Phase 4, as appropriate. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 6125(a) for the project.
• 10 U.S.C. § 6284(a)(1)(B)

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  (B) The cost baseline developed under subparagraph (A) shall include, with respect to each stockpile life extension or new nuclear weapon program project, an estimated cost for each warhead in the project.
• 10 U.S.C. § 6284(b)(2)

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  (2) in the case of a stockpile life extension or new nuclear weapon program project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project.
• 10 U.S.C. § 6284(c)(2)(A)

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  (A) a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension or new nuclear weapon program project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made;
• 10 U.S.C. § 6284(c)(2)(B)

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  (B) a review of the revised baseline has been conducted by the Director of Cost Estimating and Program Evaluation of the National Nuclear Security Administration, consistent with section 3221(d)(1)(F) of the National Nuclear Security Administration Act (50 U.S.C. 2411(d)(1)(F)).
• 10 U.S.C. § 6284(c)(3)

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  (3) submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—

  (A) unrealistic performance expectations;

  (B) unrealistic baseline estimates for cost or schedule;

  (C) immature technologies or excessive manufacturing or integration risk;

  (D) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;

  (E) changes in procurement quantities;

  (F) inadequate program funding or funding instability;

  (G) poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or

  (H) any other matters.
• 10 U.S.C. § 6284(c)(3)(D)

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  (D) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
• 10 U.S.C. § 6284(c)(3)(F)

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  (F) inadequate program funding or funding instability;
• 10 U.S.C. § 6284(c)(3)(G)

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  (G) poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or
• 10 U.S.C. § 6284(d)(1)

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  (1) be submitted to the congressional defense committees with the certification submitted under subsection (c)(2) and the results of the review conducted by the Director of Cost Estimating and Program Evaluation under subsection (c)(2)(B); and
• 10 U.S.C. § 6285(a)

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  (a) The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.
• 10 U.S.C. § 6286(a)

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  (a) Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), the Secretary of Energy, in coordination with the Administrator, shall ensure that analyses of alternatives are conducted (including through contractors, as appropriate) in accordance with best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
• 10 U.S.C. § 6286(b)

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  (b) Not later than 30 days after the date of the enactment of such Act, the Secretary, in coordination with the Administrator, shall develop cost estimates in accordance with cost estimating best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
• 10 U.S.C. § 6286(c)(2)

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  (2) the nuclear weapon life extension program procedures of the Department to require the use of best practices for preparing cost estimates and conducting analyses of alternatives for Administration life extension programs.
• 10 U.S.C. § 6287(a)

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  (a) After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—

  (1) the Administrator submits to the congressional defense committees—

  (A) a certification that the Administrator, without delegation, authorizes such proposed change; and

  (B) a cost-benefit and risk analysis of such proposed change, including with respect to—

  (i) the effects of such proposed change on the project cost and schedule; and

  (ii) any mission risks and operational risks from making such change or not making such change; and

  (2) a period of 15 days elapses following the date of such submission.
• 10 U.S.C. § 6288(c)

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  (c) 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 that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;

  (2) is necessary to address a requirement associated with the mission of the Administration; and

  (3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—

  (A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or

  (B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
• 10 U.S.C. § 6288(c)(3)(A)

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  (A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
• 10 U.S.C. § 6288(c)(3)(B)

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  (B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
• 10 U.S.C. § 6290(a)

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  (a) The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order.
• 10 U.S.C. § 6301(a)

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  (a) Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement.
• 10 U.S.C. § 6311(a)(1)

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  (1) Concurrent with the submission of the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year (submitted to Congress pursuant to section 1105(a) of title 31), the Secretary of Energy shall submit to the congressional defense committees a report on the financial balances for each atomic energy defense program.
• 10 U.S.C. § 6311(a)(2)(A)

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  (A) present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development; and
• 10 U.S.C. § 6311(b)(2)

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  (2) The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:

  (A) The balance of any unobligated funds and an explanation for why those funds are unobligated.

  (B) The total funds available to cost.

  (C) The total balance of costed funds.

  (D) The total balance of uncosted funds.

  (E) The threshold for the balance of uncosted funds, stated in dollars.

  (F) The amount of any balance of uncosted funds that is over or under that threshold and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.

  (G) The total balance of encumbered, uncosted funds.

  (H) The total balance of unencumbered, uncosted funds.

  (I) The amount of any balance of unencumbered, uncosted funds that is over or under the threshold described in subparagraph (E) and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
• 10 U.S.C. § 6311(b)(3)

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  (3) The second part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information:

  (A) The balance of any unobligated funds, as of the end of the first quarter of the current fiscal year.

  (B) The total balance of uncosted funds, as of the end of the first quarter of the current fiscal year.

  (C) Unalloted budget authority.
• 10 U.S.C. § 6321(c)

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  (c) In this section, the term “covered contract” means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy.
• 10 U.S.C. § 6324(b)(1)

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  (1) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States.
• 10 U.S.C. § 6324(e)

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  (e) For purposes of this section, the term “contractor” includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
• 10 U.S.C. § 6325(b)(1)(A)

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  (A) is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
• 10 U.S.C. § 6327(f)(5)(E)

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  (E) Items associated with the design and development of nonproliferation and counterproliferation programs and systems.
• 10 U.S.C. § 6331(a)

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  (a) Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development.
• 10 U.S.C. § 6334

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  Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Act¹ making appropriations for Energy and Water Development for any fiscal year may be charged more than the statutory maximum authorized for such activities: Provided, That this section shall take effect not earlier than October 1, 2015.
• 10 U.S.C. § 6335(a)

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  (a) No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for weapons activities may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the national security mission of the Department of Energy.
• 10 U.S.C. § 6335(b)

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  (b) No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for defense environmental cleanup may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the defense environmental cleanup mission of the Department of Energy.
• 10 U.S.C. § 6336(a)

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  (a) Not later than February 1 each year, the Secretary of Energy shall submit to the congressional defense committees a report on the funds expended during the preceding fiscal year on activities under the Department of Energy Laboratory Directed Research and Development Program. The purpose of the report is to permit an assessment of the extent to which such activities support the national security mission of the Department of Energy.
• 10 U.S.C. § 6336(c)

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  (c) Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program.
• 10 U.S.C. § 6337(c)(4)

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  (4) The term “atomic energy defense activities” does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.
• 10 U.S.C. § 6338(a)(2)

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  (2) Engaging the universities and colleges of the Nation in research on long-range problems of vital national security interest will be critical to solving the technology challenges faced within the defense and national security programs of the Department of Energy in the next century.
• 10 U.S.C. § 6338(b)

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  (b) The Secretary of Energy shall establish a university program at a location that can develop the most effective collaboration among national laboratories, universities and colleges, and industry in support of scientific and engineering advancement in key Department of Energy defense and national security program areas.
• 10 U.S.C. § 6339(a)

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  (a) The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.
• 10 U.S.C. § 6339(b)(1)

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  (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or
• 10 U.S.C. § 6339(b)(2)

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  (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided—

  (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and

  (B) in a manner that does not interfere with mission of such laboratory or facility.
• 10 U.S.C. § 6340(a)

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  (a) Funds authorized to be appropriated by this Act¹ or otherwise made available for fiscal year 2026, or any subsequent fiscal year, for the Administration for the purposes of conducting research and development of artificial intelligence technologies, executing a program to develop or manage the application of such technologies, or developing, acquiring, or sustaining any associated computing hardware or supporting infrastructure may only be used to support the nuclear security missions of the Administration.
• 10 U.S.C. § 6340(b)(1)

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  (1) to prohibit the establishment of an enduring national security artificial intelligence research and development program in any component of the Department of Energy other than the Administration or in any other Federal agency; or
• 10 U.S.C. § 6340(b)(2)

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  (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of an enduring national security artificial intelligence research and development program or activity, if such support is provided—

  (A) on a full cost recovery basis, including any associated infrastructure or utility costs, to an entity that is not a component of the Department of Energy; and

  (B) in a manner that does not interfere with the nuclear security mission of such laboratory or facility.
• 10 U.S.C. § 6352(a)

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  (a) The Administrator shall authorize the head of each nuclear weapons production facility to establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section.
• 10 U.S.C. § 6352(b)

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  (b) The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include—

  (1) replacement of obsolete or aging design and manufacturing technologies;

  (2) development of innovative agile manufacturing techniques and processes; and

  (3) training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.
• 10 U.S.C. § 6353

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  The Administrator may authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided, That of the amount allocated to a covered nuclear weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further, That for purposes of this section, the term “covered nuclear weapons facility” means the following:
• 10 U.S.C. § 6354(c)(1)

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  (1) The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6354(c)(2)

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  (2) The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6354(c)(3)

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  (3) The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6354(c)(4)

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  (4) The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6354(c)(5)

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  (5) The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6354(c)(6)

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  (6) The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.
• 10 U.S.C. § 6355(a)

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  (a) The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.
• 10 U.S.C. § 6355(b)(2)

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  (2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.
• 10 U.S.C. § 6355(d)

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  (d) Not later than 120 days after January 7, 2011, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities.
• 10 U.S.C. § 6362(a)

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  (a) The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 6338.
• 10 U.S.C. § 6362(b)(1)

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  (1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.
• 10 U.S.C. § 6362(b)(2)

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  (2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.
• 10 U.S.C. § 6362(c)(2)(D)

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  (D) the study of foreign nuclear programs;