118th CONGRESS 1st Session |
To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2024”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 101. Authorization of appropriations.
Sec. 111. Report on Army requirements and acquisition strategy for night vision devices.
Sec. 112. Army plan for ensuring sources of cannon tubes.
Sec. 113. Strategy for Army tactical wheeled vehicle program.
Sec. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants.
Sec. 115. Report on acquisition strategies of the logistics augmentation program of the Army.
Sec. 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained.
Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers.
Sec. 123. Multiyear procurement authority for Virginia class submarine program.
Sec. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms.
Sec. 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft.
Sec. 132. Limitation on divestiture of T–1A training aircraft.
Sec. 133. Modification to minimum inventory requirement for A–10 aircraft.
Sec. 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft.
Sec. 135. Modification of limitation on divestment of F–15 aircraft.
Sec. 136. Report on Air Force executive aircraft.
Sec. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
Sec. 141. Pilot program to accelerate the procurement and fielding of innovative technologies.
Sec. 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense.
Sec. 143. Report on contract for cybersecurity capabilities and briefing.
Sec. 201. Authorization of appropriations.
Sec. 211. Updated guidance on planning for exportability features for future programs.
Sec. 212. Support to the Defence Innovation Accelerator for the North Atlantic.
Sec. 213. Modification to personnel management authority to attract experts in science and engineering.
Sec. 214. Administration of the Advanced Sensors Application Program.
Sec. 215. Delegation of responsibility for certain research programs.
Sec. 216. Program of standards and requirements for microelectronics.
Sec. 217. Clarifying role of partnership intermediaries to promote defense research and education.
Sec. 218. Competition for technology that detects and watermarks the use of generative artificial intelligence.
Sec. 221. Department of Defense prize competitions for business systems modernization.
Sec. 222. Update to plans and strategies for artificial intelligence.
Sec. 223. Western regional range complex demonstration.
Sec. 224. Report on feasibility and advisability of establishing a quantum computing innovation center.
Sec. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use.
Sec. 226. Annual report on Department of Defense hypersonic capability funding and investment.
Sec. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System.
Sec. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities.
Sec. 229. Establishment of technology transition program for strategic nuclear deterrence.
Sec. 230. Review of artificial intelligence investment.
Sec. 301. Authorization of appropriations.
Sec. 311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter.
Sec. 312. Improvement and codification of Sentinel Landscapes Partnership program authority.
Sec. 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel.
Sec. 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California.
Sec. 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities.
Sec. 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 323. Modification of authority for environmental restoration projects at National Guard facilities.
Sec. 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information.
Sec. 327. Modification of timing of report on activities of PFAS Task Force.
Sec. 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program.
Sec. 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization.
Sec. 341. Critical infrastructure conditions at military installations.
Sec. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines.
Sec. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy.
Sec. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam.
Sec. 351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School.
Sec. 352. Restriction on retirement of U–28 Aircraft.
Sec. 353. Tribal liaisons.
Sec. 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center.
Sec. 355. Modifications to the Contested Logistics Working Group of the Department of Defense.
Sec. 356. Establishment of Caisson Platoon to support military and State funeral services.
Sec. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy.
Sec. 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities.
Sec. 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions.
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Extension of additional authority to vary Space Force end strength.
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 421. Military personnel.
Sec. 501. Authorized strength: general and flag officers on active duty.
Sec. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards.
Sec. 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths.
Sec. 504. Updating authority to authorize promotion transfers between components of the same service or a different service.
Sec. 505. Effect of failure of selection for promotion.
Sec. 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments.
Sec. 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers.
Sec. 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee.
Sec. 509. Extension of authority to vary number of Space Force officers considered for promotion to major general.
Sec. 510. Realignment of Navy spot-promotion quotas.
Sec. 511. Modification of limitation on promotion selection board rates.
Sec. 512. Time in grade requirements.
Sec. 513. Flexibility in determining terms of appointment for certain senior officer positions.
Sec. 521. Alternative promotion authority for reserve officers in designated competitive categories.
Sec. 522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident.
Sec. 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands.
Sec. 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands.
Sec. 525. Grade of Vice Chief of the National Guard Bureau.
Sec. 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level.
Sec. 532. Non-medical counseling services for military families.
Sec. 533. Primacy of needs of the service in determining individual duty assignments.
Sec. 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions.
Sec. 535. Requirement to base treatment in the military on merit and performance.
Sec. 536. Tiger team for outreach to former members.
Sec. 537. Diversity, equity, and inclusion personnel grade cap.
Sec. 541. Establishment of staggered terms for members of the Military Justice Review Panel.
Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice.
Sec. 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation.
Sec. 551. Future servicemember preparatory course.
Sec. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships.
Sec. 553. Military service academy professional sports pathway report and legislative proposal required.
Sec. 554. Community college Enlisted Training Corps demonstration program.
Sec. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.
Sec. 556. Limitation on availability of funds for relocation of Army CID special agent training course.
Sec. 557. Army Physical Fitness Test.
Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities.
Sec. 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps.
Sec. 560. Consideration of standardized test scores in military service academy application process.
Sec. 560A. Extension of Troops for Teachers program to the Job Corps.
Sec. 561. Pilot program on recruitment and retention of employees for child development programs.
Sec. 562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
Sec. 563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations.
Sec. 564. Assistance for military spouses to obtain doula certifications.
Sec. 571. Expansion of Junior Reserve Officers’ Training Corps.
Sec. 572. JROTC program certification.
Sec. 573. Memorandum of understanding required.
Sec. 574. Junior Reserve Officers’ Training Corps instructor compensation.
Sec. 575. Annual report on allegations of sexual misconduct in JROTC programs.
Sec. 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program.
Sec. 581. Extension of deadline for review of World War I valor medals.
Sec. 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments.
Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence.
Sec. 591. Short title.
Sec. 592. Increased access to potential recruits at secondary schools.
Sec. 593. Increased access to potential recruits at institutions of higher education.
Sec. 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation.
Sec. 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services.
Sec. 603. Basic allowance for housing for members assigned to vessels undergoing maintenance.
Sec. 604. Dual basic allowance for housing for training for certain members of reserve components.
Sec. 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need.
Sec. 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses.
Sec. 607. Cost-of-living allowance in the continental United States: high cost areas.
Sec. 608. OCONUS cost-of-living allowance: adjustments.
Sec. 609. Extension of one-time uniform allowance for officers who transfer to the Space Force.
Sec. 610. Review of rates of military basic pay.
Sec. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations.
Sec. 621. Modification of special and incentive pay authorities for members of reserve components.
Sec. 622. Expansion of continuation pay eligibility.
Sec. 623. One-year extension of certain expiring bonus and special pay authorities.
Sec. 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force.
Sec. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska.
Sec. 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services.
Sec. 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities.
Sec. 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve.
Sec. 702. Authority to provide dental care for dependents located at certain remote or isolated locations.
Sec. 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents.
Sec. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma.
Sec. 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program.
Sec. 706. Expansion of doula care furnished by Department of Defense.
Sec. 707. Sense of Congress on access to mental health services through TRICARE.
Sec. 711. Increase in stipend for participants in health professions scholarship and financial assistance programs.
Sec. 712. Financial relief for civilians treated in military medical treatment facilities.
Sec. 713. Department of Defense Overdose Data Act of 2023.
Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services.
Sec. 721. Modification of partnership program between United States and Ukraine for military trauma care and research.
Sec. 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services.
Sec. 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention.
Sec. 724. Report on mental and behavioral health services provided by Department of Defense.
Sec. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents.
Sec. 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces.
Sec. 801. Amendments to multiyear procurement authority.
Sec. 802. Modernizing the Department of Defense requirements process.
Sec. 803. Head of Contracting Authority for Strategic Capabilities Office.
Sec. 804. Pilot program for the use of innovative intellectual property strategies.
Sec. 805. Focused commercial solutions openings opportunities.
Sec. 806. Study on reducing barriers to acquisition of commercial products and services.
Sec. 807. Sense of the Senate on independent cost assessment.
Sec. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles.
Sec. 811. Commander initiated rapid contracting actions.
Sec. 812. Extension and revisions to never contract with the enemy.
Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud.
Sec. 814. Modification of approval authority for high dollar other transaction agreements for prototypes.
Sec. 815. Modifications to Earned Value Management system requirements.
Sec. 816. Inventory of inflation and escalation indices.
Sec. 817. Pilot program to incentivize progress payments.
Sec. 818. Extension of pilot program to accelerate contracting and pricing processes.
Sec. 819. Preventing conflicts of interest for Department of Defense consultants.
Sec. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions.
Sec. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China.
Sec. 822. Modification of truthful cost or pricing data submissions and report.
Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense.
Sec. 831. Defense industrial base advanced capabilities pilot program.
Sec. 832. Department of Defense notification of certain transactions.
Sec. 833. Analyses of certain activities for action to address sourcing and industrial capacity.
Sec. 834. Pilot program on capital assistance to support defense investment in the industrial base.
Sec. 835. Requirement to buy certain satellite components from national technology and industrial base.
Sec. 836. Sense of Congress relating to rubber supply.
Sec. 841. Amendments to Defense Research and Development Rapid Innovation Program.
Sec. 842. Department of Defense Mentor-Protégé Program.
Sec. 843. Consideration of the past performance of affiliate companies of small businesses.
Sec. 844. Timely payments for Department of Defense small business subcontractors.
Sec. 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense.
Sec. 846. Annual reports regarding the SBIR program of the Department of Defense.
Sec. 847. Modifications to the Procurement Technical Assistance Program.
Sec. 848. Extension of pilot program to incentivize contracting with employee-owned businesses.
Sec. 849. Eliminating self-certification for service-disabled veteran-owned small businesses.
Sec. 850. Payment of subcontractors.
Sec. 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans.
Sec. 852. Amendments to contracting authority for certain small business concerns.
Sec. 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system.
Sec. 862. Extension of pilot program for distribution support and services for weapons systems contractors.
Sec. 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products.
Sec. 864. Foreign sources of specialty metals.
Sec. 865. University Affiliated Research Center for critical minerals.
Sec. 866. Enhanced domestic content requirement for navy shipbuilding programs.
Sec. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council.
Sec. 868. Modifications to rights in technical data.
Sec. 901. Establishment of Office of Strategic Capital.
Sec. 902. Reinstatement of position of Chief Management Officer of Department of Defense.
Sec. 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation.
Sec. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting.
Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
Sec. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities.
Sec. 907. Pilot program on protecting access to critical assets.
Sec. 908. Extension of mission management pilot program.
Sec. 909. Conforming amendments to carry out elimination of position of Chief Management Officer.
Sec. 921. Joint Energetics Transition Office.
Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration.
Sec. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes.
Sec. 924. Integration of productivity software suites for scheduling data.
Sec. 925. Operationalizing audit readiness.
Sec. 926. Next generation business health metrics.
Sec. 927. Independent assessment of defense business enterprise architecture.
Sec. 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze.
Sec. 1001. General transfer authority.
Sec. 1002. Annual report on budget prioritization by Secretary of Defense and military departments.
Sec. 1003. Additional reporting requirements related to unfunded priorities.
Sec. 1004. Sense of the Senate on need for emergency supplemental appropriations.
Sec. 1011. Disruption of fentanyl trafficking.
Sec. 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime.
Sec. 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects.
Sec. 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations.
Sec. 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund.
Sec. 1022. Amphibious warship force availability.
Sec. 1023. Prohibition on retirement of certain naval vessels.
Sec. 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels.
Sec. 1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers.
Sec. 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments.
Sec. 1043. Unfavorable security clearance eligibility determinations and appeals.
Sec. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel.
Sec. 1045. Implementation of arrangements to build transparency, confidence, and security.
Sec. 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces.
Sec. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel.
Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts.
Sec. 1049. Access to commissary and exchange privileges for remarried spouses.
Sec. 1051. Annual report and briefing on implementation of Force Design 2030.
Sec. 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North.
Sec. 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions.
Sec. 1054. Modifications of reporting requirements.
Sec. 1055. Report on equipping certain ground combat units with small unmanned aerial systems.
Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030.
Sec. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense.
Sec. 1058. Quarterly briefing on homeland defense planning.
Sec. 1059. Special operations force structure.
Sec. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence.
Sec. 1061. Plan on countering human trafficking.
Sec. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1063. Ensuring reliable supply of critical minerals.
Sec. 1071. Matters related to irregular warfare.
Sec. 1072. Joint concept for competing implementation updates.
Sec. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement.
Sec. 1074. Notification of safety and security concerns at certain Department of Defense laboratories.
Sec. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam.
Sec. 1076. Program and processes relating to foreign acquisition.
Sec. 1077. Technical and conforming amendments related to the Space Force.
Sec. 1078. Authority to establish commercial integration cells within certain combatant commands.
Sec. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes.
Sec. 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950.
Sec. 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce.
Sec. 1082. Limitation on availability of funds for destruction of landmines.
Sec. 1083. Nogales wastewater improvement.
Sec. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans.
Sec. 1085. Protection of covered sectors.
Sec. 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States.
Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023.
Sec. 1088. Reauthorization of voluntary registry for firefighter cancer incidence.
Sec. 1089. Requirement for unqualified opinion on financial statement.
Sec. 1090. Briefing on Air National Guard active associations.
Sec. 1090A. Informing Consumers about Smart Devices Act.
Sec. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training.
Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023.
Sec. 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities.
Sec. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States.
Sec. 1090F. National Cold War Center designation.
Sec. 1090G. Semiconductor program.
Sec. 1090H. Prohibition of demand for bribe.
Sec. 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams.
Sec. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals.
Sec. 1090K. Readmission requirements for servicemembers.
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities.
Sec. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities.
Sec. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities.
Sec. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities.
Sec. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities.
Sec. 1098. Comptroller General report.
Sec. 1099. Government-wide policy for procurement of unmanned aircraft systems.
Sec. 1099A. State, local, and territorial law enforcement and emergency service exemption.
Sec. 1099B. Study.
Sec. 1099C. Exceptions.
Sec. 1099D. Sunset.
Sec. 1099AA. Claims relating to Manhattan Project waste.
Sec. 1099BB. Short title.
Sec. 1099CC. References.
Sec. 1099DD. Extension of fund.
Sec. 1099EE. Claims relating to atmospheric testing.
Sec. 1099FF. Claims relating to uranium mining.
Sec. 1099GG. Expansion of use of affidavits in determination of claims; regulations.
Sec. 1099HH. Limitation on claims.
Sec. 1099II. Grant program on epidemiological impacts of uranium mining and milling.
Sec. 1099JJ. Energy Employees Occupational Illness Compensation Program.
Sec. 1099AAA. Crypto asset anti-money laundering examination standards.
Sec. 1099BBB. Combating anonymous crypto asset transactions.
Sec. 1099AAAA. Short title.
Sec. 1099BBBB. Definitions.
Sec. 1099CCCC. Assessment of illicit usage.
Sec. 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms.
Sec. 1099EEEE. Rule of construction.
Sec. 1099FFFF. No additional funds.
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
Sec. 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay.
Sec. 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense.
Sec. 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense.
Sec. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories.
Sec. 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense.
Sec. 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates.
Sec. 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base.
Sec. 1210. Authority to employ civilian faculty members at Space Force schools.
Sec. 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management.
Sec. 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations.
Sec. 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians.
Sec. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities.
Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows Program.
Sec. 1216. Civilian Cybersecurity Reserve pilot project.
Sec. 1301. Middle East integrated maritime domain awareness and interdiction capability.
Sec. 1302. Authority to provide mission training through distributed simulation.
Sec. 1303. Increase in small-scale construction limit and modification of authority to build capacity.
Sec. 1304. Extension of legal institutional capacity building initiative for foreign defense institutions.
Sec. 1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States.
Sec. 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations.
Sec. 1308. Limitation on availability of funds for International Security Cooperation Program.
Sec. 1309. Modification of Department of Defense security cooperation workforce development.
Sec. 1310. Modification of authority to provide support to certain governments for border security operations.
Sec. 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program.
Sec. 1312. Assistance to Israel for aerial refueling.
Sec. 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program.
Sec. 1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
Sec. 1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1324. Briefing on nuclear capability of Iran.
Sec. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria.
Sec. 1331. Extension and modification of Ukraine Security Assistance Initiative.
Sec. 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises.
Sec. 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1334. Extension and modification of temporary authorizations related to Ukraine and other matters.
Sec. 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries.
Sec. 1336. Study and report on lessons learned regarding information operations and deterrence.
Sec. 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative.
Sec. 1338. Sense of the Senate on the North Atlantic Treaty Organization.
Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization.
Sec. 1340. Sense of the Senate regarding the arming of Ukraine.
Sec. 1341. Indo-Pacific Campaigning Initiative.
Sec. 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan.
Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative.
Sec. 1344. Extension of Pacific Deterrence Initiative.
Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia.
Sec. 1347. Extension and modification of certain temporary authorizations.
Sec. 1348. Plan for enhanced security cooperation with Japan.
Sec. 1349. Plan for improvements to certain operating locations in Indo-Pacific region.
Sec. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region.
Sec. 1351. Enhancing major defense partnership with India.
Sec. 1352. Military cybersecurity cooperation with Taiwan.
Sec. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States.
Sec. 1354. Report and notification relating to transfer of operational control on Korean Peninsula.
Sec. 1355. Report on range of consequences of war with the People’s Republic of China.
Sec. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region.
Sec. 1357. Studies on defense budget transparency of the People’s Republic of China and the United States.
Sec. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities.
Sec. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region.
Sec. 1360. Semiannual briefings on military of the People's Republic of China.
Sec. 1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China.
Sec. 1362. Prohibition on use of funds for the Wuhan Institute of Virology.
Sec. 1363. Audit to identify diversion of Department of Defense funding to China's research labs.
Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc.
Sec. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command.
Sec. 1366. Assessment of absorptive capacity of military forces of Taiwan.
Sec. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China.
Sec. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region.
Sec. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List.
Sec. 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force.
Sec. 1371. Short title.
Sec. 1372. LOGINK defined.
Sec. 1373. Countering the spread of LOGINK.
Sec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region.
Sec. 1391. Military intelligence collection and analysis partnerships.
Sec. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy.
Sec. 1393. Modification of support of special operations for irregular warfare.
Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment.
Sec. 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats.
Sec. 1396. Modification of authority for certain payments to redress injury and loss.
Sec. 1397. Modification of authority for cooperation on directed energy capabilities.
Sec. 1398. Modification of Arctic Security Initiative.
Sec. 1399. Termination of authorization of non-conventional assisted recovery capabilities.
Sec. 1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.
Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation.
Sec. 1399C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces.
Sec. 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.
Sec. 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture.
Sec. 1399F. Foreign Advance Acquisition Account.
Sec. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense.
Sec. 1399H. Plans related to rapid transfer of certain missiles and defense capabilities.
Sec. 1399I. Ensuring peace through strength in Israel.
Sec. 1399J. Improvements to security cooperation workforce and defense acquisition workforce.
Sec. 1399K. Modification of foreign military sales processing.
Sec. 1399L. Ending China's developing nation status.
Sec. 1399M. Sharing of information with respect to suspected violations of intellectual property rights.
Sec. 1399N. Foreign port security assessments.
Sec. 1399O. Legal preparedness for servicemembers abroad.
Sec. 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty.
Sec. 1399BB. Limitation on the use of funds.
Sec. 1399CC. Notification of treaty action.
Sec. 1399DD. Authorization of Legal Counsel to represent Congress.
Sec. 1399EE. Reporting requirement.
Sec. 1399FF. Rule of construction.
Sec. 1399GG. Severability.
Sec. 1399HH. Definitions.
Sec. 1399AAA. Short title.
Sec. 1399BBB. Definitions.
Sec. 1399CCC. Publication of tiered ranking list.
Sec. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption.
Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act.
Sec. 1399FFF. Designation of embassy anti-corruption points of contact.
Sec. 1399AAAA. Short title.
Sec. 1399BBBB. Sense of Congress.
Sec. 1399CCCC. Definitions.
Sec. 1399DDDD. Statement of policy.
Sec. 1399EEEE. International Children with Disabilities Protection Program and capacity building.
Sec. 1399FFFF. Annual report on implementation.
Sec. 1399GGGG. Promoting international protection and advocacy for children with disabilities.
Sec. 1399AAAAA. Short title.
Sec. 1399BBBBB. United States policy in the Western Hemisphere.
Sec. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere.
Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere.
Sec. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere.
Sec. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere.
Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean.
Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors.
Sec. 1399IIIII. Western Hemisphere defined.
Sec. 1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages.
Sec. 1401. Cooperative Threat Reduction funds.
Sec. 1501. Working capital funds.
Sec. 1502. Chemical Agents and Munitions Destruction, Defense.
Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1504. Defense Inspector General.
Sec. 1505. Defense Health Program.
Sec. 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling.
Sec. 1512. Improvements to Strategic and Critical Materials Stock Piling Act.
Sec. 1513. Authority to dispose of materials from the National Defense Stockpile.
Sec. 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes.
Sec. 1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1522. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1523. Modification of leasing authority of Armed Forces Retirement Home.
Sec. 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program.
Sec. 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review.
Sec. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication.
Sec. 1604. Principal Military Deputy for Space Acquisition and Integration.
Sec. 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program.
Sec. 1606. Special authority for provision of commercial space launch support services.
Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program.
Sec. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations.
Sec. 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command.
Sec. 1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States.
Sec. 1612. Sentinel intercontinental ballistic missile program silo activity.
Sec. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system.
Sec. 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet.
Sec. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program.
Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system.
Sec. 1617. Sense of Senate on Polaris Sales Agreement.
Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise missile.
Sec. 1619. Operational timeline for Strategic Automated Command and Control System.
Sec. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems.
Sec. 1621. Technical amendment to additional report matters on strategic delivery systems.
Sec. 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets.
Sec. 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office.
Sec. 1624. Monitoring Iranian enrichment.
Sec. 1631. Designation of official responsible for missile defense of Guam.
Sec. 1632. Selection of a Director of the Missile Defense Agency.
Sec. 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.
Sec. 1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.
Sec. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland.
Sec. 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report.
Sec. 1637. Integrated air and missile defense architecture for the Indo-Pacific region.
Sec. 1638. Modification of National Missile Defense policy.
Sec. 1641. Electronic warfare.
Sec. 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System.
Sec. 1643. Comprehensive review of electronic warfare test ranges and future capabilities.
Sec. 1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft.
Sec. 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum.
Sec. 1646. Funding limitation on certain unreported programs.
Sec. 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.
Sec. 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force.
Sec. 1702. Cyber intelligence center.
Sec. 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners.
Sec. 1704. Next generation cyber red teams.
Sec. 1705. Management of data assets by Chief Digital Officer.
Sec. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace.
Sec. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers.
Sec. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission.
Sec. 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities.
Sec. 1712. Department of Defense information network boundary and cross-domain defense.
Sec. 1713. Policy and guidance on memory-safe software programming.
Sec. 1714. Development of regional cybersecurity strategies.
Sec. 1715. Cyber incident reporting.
Sec. 1716. Management by Department of Defense of mobile applications.
Sec. 1717. Security enhancements for the nuclear command, control, and communications network.
Sec. 1718. Guidance regarding securing laboratories of the Armed Forces.
Sec. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record.
Sec. 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise.
Sec. 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users.
Sec. 1722. Department of Defense digital content provenance.
Sec. 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community.
Sec. 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy.
Sec. 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council.
Sec. 1726. Requirement to support for cyber education and workforce development at institutions of higher learning.
Sec. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack.
Sec. 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries.
Sec. 1801. Short title.
Sec. 1802. Space Force Personnel Management Act transition plan.
Sec. 1803. Comprehensive assessment of Space Force equities in the National Guard.
Sec. 1811. Establishment of military personnel management system for the Space Force.
Sec. 1812. Composition of the Space Force without component.
Sec. 1813. Definitions for single personnel management system for the Space Force.
Sec. 1814. Basic policies relating to service in the Space Force.
Sec. 1815. Status and participation.
Sec. 1816. Officers.
Sec. 1817. Enlisted members.
Sec. 1818. Retention and separation generally.
Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons.
Sec. 1820. Retirement.
Sec. 1831. Amendments to Department of the Air Force provisions of title 10, United States Code.
Sec. 1832. Amendments to subtitle A of title 10, United States Code.
Sec. 1833. Title 38, United States Code (veterans’ benefits).
Sec. 1841. Transition period.
Sec. 1842. Change of duty status of members of the Space Force.
Sec. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard.
Sec. 1844. Placement of officers on the Space Force officer list.
Sec. 1845. Disestablishment of regular Space Force.
Sec. 1846. End strength flexibility.
Sec. 1847. Promotion authority flexibility.
Sec. 1851. Title 10, United States Code.
Sec. 1852. Other provisions of law.
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Effective date.
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2407. Additional authority to carry out certain fiscal year 2022 projects.
Sec. 2408. Additional authority to carry out certain fiscal year 2023 projects.
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects.
Sec. 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas.
Sec. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California.
Sec. 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania.
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.
Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado.
Sec. 2801. Authority for Indo-Pacific posture military construction projects.
Sec. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense.
Sec. 2803. Application of area construction cost indices outside the United States.
Sec. 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost.
Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range.
Sec. 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam.
Sec. 2807. Revision to access and management of Air Force memorial.
Sec. 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps.
Sec. 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia.
Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location.
Sec. 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects.
Sec. 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction.
Sec. 2813. Pilot program on replacement of substandard enlisted barracks.
Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard.
Sec. 2815. Modification of pilot program on increased use of sustainable building materials in military construction.
Sec. 2821. Uniform condition index for military unaccompanied housing.
Sec. 2822. Certification of habitability of military unaccompanied housing.
Sec. 2823. Maintenance work order management process for military unaccompanied housing.
Sec. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing.
Sec. 2825. Oversight of military unaccompanied housing.
Sec. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing.
Sec. 2827. Design standards for military unaccompanied housing.
Sec. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing.
Sec. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing.
Sec. 2830. Annual report on military unaccompanied housing.
Sec. 2841. Improvements to privatized military housing.
Sec. 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing.
Sec. 2843. Treatment of nondisclosure agreements with respect to privatized military housing.
Sec. 2851. Department of Defense Military Housing Readiness Council.
Sec. 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces.
Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia.
Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia.
Sec. 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred.
Sec. 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland.
Sec. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as “Kalaeloa”), Hawaii.
Sec. 2874. Clarification of other transaction authority for installation or facility prototyping.
Sec. 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department.
Sec. 2876. Increase of limitation on fee for architectural and engineering services procured by military departments.
Sec. 2877. Requirement that all material types be considered for design-bid-build military construction projects.
Sec. 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense.
Sec. 2879. Guidance on Department of Defense-wide standards for access to installations of the Department.
Sec. 2880. Deployment of existing construction materials.
Sec. 2881. Technical corrections.
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Sec. 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium.
Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability.
Sec. 3113. Plutonium Modernization Program management.
Sec. 3114. Pantex explosives manufacturing capability.
Sec. 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration.
Sec. 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.
Sec. 3117. Modification of reporting requirements for program on vulnerable sites.
Sec. 3118. Implementation of enhanced mission delivery initiative.
Sec. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development.
Sec. 3120. Analyses of nuclear programs of foreign countries.
Sec. 3121. Enhancing National Nuclear Security Administration supply chain reliability.
Sec. 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security.
Sec. 3123. Redesignating duties related to departmental radiological and nuclear incident responses.
Sec. 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions.
Sec. 3125. Technical amendments to the Atomic Energy Defense Act.
Sec. 3126. Amendment to period for briefing requirements.
Sec. 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project.
Sec. 3131. Updated financial integration policy.
Sec. 3141. Integration of technical expertise of Department of Energy into policymaking.
Sec. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000.
Sec. 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries.
Sec. 3144. U.S. nuclear fuel security initiative.
Sec. 3201. Authorization.
Sec. 3501. Maritime Administration.
Sec. 4001. Authorization of amounts in funding tables.
Sec. 4101. PROCUREMENT.
Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Sec. 4301. OPERATION AND MAINTENANCE.
Sec. 4401. MILITARY PERSONNEL.
Sec. 4501. OTHER AUTHORIZATIONS.
Sec. 4601. MILITARY CONSTRUCTION.
Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
Sec. 5131. Inventory of C–130 aircraft.
Sec. 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons.
Sec. 5133. Prohibition on divestment of F–15E aircraft.
Sec. 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research.
Sec. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.
Sec. 5203. Improvements to defense quantum information science and technology research and development program.
Sec. 5204. Improvements to National Quantum Initiative Program.
Sec. 5205. Annual review of status of implementation plan for digital engineering career tracks.
Sec. 5206. Rapid response to emergent technology advancements or threats.
Sec. 5341. Report by Department of Defense on alternatives to burn pits.
Sec. 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse.
Sec. 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation.
Sec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services.
Sec. 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency.
Sec. 5721. Report on military mental health care referral policies.
Sec. 5722. Comptroller General study on biomedical research and development funded by Department of Defense.
Sec. 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents.
Sec. 5724. Expansion of doula care furnished by Department of Defense.
Sec. 5841. Competition of small business concerns for Department of Defense contracts.
Sec. 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary.
Sec. 6031. Establishing a coordinator for countering Mexico's criminal cartels.
Sec. 6051. Report on food purchasing by the Department of Defense.
Sec. 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee.
Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico.
Sec. 6073. Modification of compensation for members of the Afghanistan War Commission.
Sec. 6074. Red Hill health impacts.
Sec. 6075. Permanent authorization of Undetectable Firearms Act of 1988.
Sec. 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment.
Sec. 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs.
Sec. 6078. Designation of National Museum of the Mighty Eighth Air Force.
Sec. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes.
Sec. 6080. Extension of active duty term for Attending Physician at United States Capitol.
Sec. 6081. Disclosures by directors, officers, and principal stockholders.
Sec. 6082. Preventing Child Sex Abuse.
Sec. 6083. Senate National Security Working Group.
Sec. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated.
Sec. 6091. Short title.
Sec. 6092. Findings; sense of Congress.
Sec. 6093. Visa availability for Government Employee Immigrant Visa program.
Sec. 6096. Report on artificial intelligence regulation in financial services industry.
Sec. 6097. Artificial intelligence bug bounty programs.
Sec. 6098. Vulnerability analysis study for artificial intelligence-enabled military applications.
Sec. 6099. Report on data sharing and coordination.
Sec. 6231. Black Sea security and development strategy.
Sec. 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.
Sec. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements.
Sec. 6243. Audit to identify diversion of Department of Defense funding to China's research labs.
Sec. 6291. Sense of the Senate on digital trade and the digital economy.
Sec. 6292. Assessment of certain United States-origin technology used by foreign adversaries.
Sec. 6293. Virginia class submarine transfer certification.
Sec. 6511. Annual report on development of long-range stand-off weapon.
Sec. 6801. Short title.
Sec. 6802. Sense of Congress.
Sec. 6803. Definitions.
Sec. 6811. Finding; policy.
Sec. 6812. Use of national emergency authorities; reporting.
Sec. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade.
Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations.
Sec. 6815. Penalties; waivers; exceptions.
Sec. 6816. Treatment of forfeited property of transnational criminal organizations.
Sec. 6821. Ten-year statute of limitations for violations of sanctions.
Sec. 6822. Classified report and briefing on staffing of Office of Foreign Assets Control.
Sec. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo.
Sec. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain.
Sec. 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern.
Sec. 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network.
Sec. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma.
Sec. 6841. Exception relating to importation of goods.
Sec. 7851. Report on plan to replace houses at Fort Leonard Wood.
Sec. 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life.
Sec. 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.
Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy.
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Increased accountability in assignment restrictions and reviews.
Sec. 6109. Suitability reviews for Foreign Service Institute instructors.
Sec. 6110. Diplomatic security fellowship programs.
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute’s language program.
Sec. 6207. Consideration of career civil servants as chiefs of missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by Department.
Sec. 6212. Efforts to improve retention and prevent retaliation.
Sec. 6213. National advertising campaign.
Sec. 6214. Expansion of diplomats in residence programs.
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign Service.
Sec. 6223. Improving mental health services for foreign and civil servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories.
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack.
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad.
Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy.
Sec. 6503. Chief of mission economic responsibilities.
Sec. 6504. Direction to embassy deal teams.
Sec. 6505. Establishment of a “Deal Team of the Year” award.
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
Sec. 6701. Internships of United States nationals at international organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Modification to transparency on international agreements and non-binding instruments.
Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war.
Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China.
Sec. 6706. Special envoys.
Sec. 6707. US–ASEAN Center.
Sec. 6708. Briefings on the United States-European Union Trade and Technology Council.
Sec. 6709. Modification and repeal of reports.
Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security.
Sec. 6711. Permitting for international bridges.
Sec. 6801. Definitions.
Sec. 6811. Statement of policy on the AUKUS partnership.
Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State.
Sec. 6823. Australia, United Kingdom, and United States submarine security training.
Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales.
Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales.
Sec. 6833. Export control exemptions and standards.
Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada.
Sec. 6835. United States Munitions List.
Sec. 6841. Reporting related to the AUKUS partnership.
Sec. 9001. Short title.
Sec. 9002. Findings, declarations, and purposes.
Sec. 9003. Definitions.
Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration.
Sec. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices.
Sec. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records.
Sec. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board.
Sec. 9008. Unidentified Anomalous Phenomena Records Review Board personnel.
Sec. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board.
Sec. 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence.
Sec. 9011. Disclosure of other materials and additional study.
Sec. 9012. Rules of construction.
Sec. 9013. Termination of effect of division.
Sec. 9014. Authorization of appropriations.
Sec. 9015. Severability.
Sec. 10001. Short title.
Sec. 10002. Appointment and term of service of Architect of the Capitol.
Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect.
Sec. 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy.
Sec. 11001. Short title.
Sec. 11002. Enhanced protection against debt collector harassment of servicemembers.
Sec. 11003. GAO study.
Sec. 11001. Short title.
Sec. 11002. Consolidation of environmental review requirements.
Sec. 11003. Authorization of appropriations.
Sec. 11004. Student housing assistance.
Sec. 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity.
Sec. 11006. De minimis exemption for procurement of goods and services.
Sec. 11007. Homeownership or lease-to-own low-income requirement and income targeting.
Sec. 11008. Lease requirements and tenant selection.
Sec. 11009. Indian Health Service.
Sec. 11010. Statutory authority to suspend grant funds in emergencies.
Sec. 11011. Reports to Congress.
Sec. 11012. 99-year leasehold interest in trust or restricted lands for housing purposes.
Sec. 11013. Amendments for block grants for affordable housing activities.
Sec. 11014. Reauthorization of Native Hawaiian homeownership provisions.
Sec. 11015. Total development cost maximum project cost.
Sec. 11016. Community-based development organizations and special activities by Indian Tribes.
Sec. 11017. Section 184 Indian Home Loan Guarantee program.
Sec. 11018. Loan guarantees for Native Hawaiian housing.
Sec. 11019. Drug elimination program.
Sec. 11020. Rental assistance for homeless or at-risk Indian veterans.
Sec. 11021. Continuum of care.
Sec. 11022. Leveraging.
Sec. 11001. Short title.
Sec. 11002. Purposes.
Sec. 11003. Definitions.
Sec. 11004. Ratification of Compact.
Sec. 11005. Tribal water rights.
Sec. 11006. Exchange and transfer of land.
Sec. 11007. Storage allocation from Lake Elwell.
Sec. 11008. Milk River Project mitigation.
Sec. 11009. Fort Belknap Indian Irrigation Project System.
Sec. 11010. Satisfaction of claims.
Sec. 11011. Waivers and releases of claims.
Sec. 11012. Aaniiih Nakoda Settlement Trust Fund.
Sec. 11013. Fort Belknap Indian Community Water Settlement Implementation Fund.
Sec. 11014. Funding.
Sec. 11015. Miscellaneous provisions.
Sec. 11016. Antideficiency.
Sec. 11001. Short title.
Sec. 11002. Federal Data Center Consolidation Initiative Amendments.
Sec. 11101. Short title.
Sec. 11102. Coordination and information sharing.
Sec. 11103. Danger pay for Department of Homeland Security personnel deployed abroad.
Sec. 11104. Improving training to foreign-vetted law enforcement or national security units.
Sec. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries.
Sec. 11106. Drug seizure data improvement.
Sec. 11107. Drug performance measures.
Sec. 11108. Penalties for hindering immigration, border, and customs controls.
Sec. 11111. Short title.
Sec. 11112. Use of non-intrusive inspection systems at land ports of entry.
Sec. 11113. Non-intrusive inspection systems for outbound inspections.
Sec. 11114. GAO review and report.
Sec. 11121. Short title.
Sec. 11122. Additional U.S. Customs and Border Protection personnel.
Sec. 11123. Ports of entry infrastructure enhancement report.
Sec. 11124. Reporting requirements.
Sec. 11125. Authorization of appropriations.
Sec. 11131. Short title.
Sec. 11132. Authorized staffing level for the United States Border Patrol.
Sec. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12.
Sec. 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel.
Sec. 11135. Continuing training.
Sec. 11136. Reporting requirements.
Sec. 11141. Short titles.
Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals.
Sec. 11201. Short title.
Sec. 11202. Registrant disclosure regarding foreign agent registration exemption.
Sec. 11211. Short title.
Sec. 11212. Clarification of contents of registration.
Sec. 11301. Government-wide study.
Sec. 11311. Short title.
Sec. 11312. Findings.
Sec. 11313. Intergovernmental critical minerals task force.
Sec. 11321. Short title.
Sec. 11322. Definitions.
Sec. 11323. Pilot program on participation of third-party logistics providers in ctpat.
Sec. 11324. Report on effectiveness of CTPAT.
Sec. 11325. No additional funds authorized.
Sec. 11331. Short title.
Sec. 11332. Appointment of military spouses.
Sec. 11333. GAO study and report.
Sec. 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service.
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by law.
Sec. 201. Authorization of appropriations.
Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence community workforce.
Sec. 303. In-State tuition rates for active duty members of the intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security Center.
Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document.
Sec. 311. Office of Intelligence and Analysis.
Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure.
Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern.
Sec. 411. Report on efforts to capture and detain United States citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework.
Sec. 501. Assignment of detailees from intelligence community to Department of Commerce.
Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China.
Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities.
Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities.
Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations.
Sec. 605. Modification and repeal of reporting requirements.
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and declassification.
Sec. 719. Studies and recommendations on necessity of security clearances.
Sec. 801. Review of shared information technology services for personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis.
Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain.
Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents.
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023.
Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.
(a) Divisions.—This Act is organized into four divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(b) Table of contents.—The table of contents for this Act is as follows:
In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.
Funds are hereby authorized to be appropriated for fiscal year 2024 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.
(a) Report required.—Not later than February 29, 2024, the Secretary of the Army shall submit to the congressional defense committees a report on night vision devices.
(b) Elements.—The report required by subsection (a) shall include the following elements:
(1) An identification of the specific capabilities the Army is seeking to achieve in night vision.
(2) An identification of the capabilities in night vision required by unit, including the number and type of units for each capability.
(3) An identification of the total requirement for night vision devices in the Army, disaggregated by number and type of unit.
(4) A description of the acquisition strategy of the Army for achieving the capabilities described in paragraph (1), including a description of each of the following:
(A) The acquisition objective for each type of night vision device.
(B) The programmed purchase quantities for night vision devices required each year.
(C) The contract type of each procurement of night vision devices.
(D) The expected date for achieving the capabilities.
(E) The industrial base constraints on each type of night vision device.
(F) The modernization plan for each type of night vision device.
(a) Updated assessment.—The Secretary of the Army shall update the assessment of the Secretary on the sufficiency of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapons tubes.
(b) Submittal to Congress.—Not later than February 29, 2024, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an update to the report submitted to Congress in March 2022 entitled “Army Plan for Ensuring Sources of Cannon Tubes”.
(a) Strategy required.—In the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2025 and every five years thereafter, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles.
(b) Requirements for strategy.—Each strategy required by subsection (a) shall—
(1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies;
(2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043); and
(3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including—
(A) light, medium, and heavy tactical wheeled vehicles; and
(B) associated trailer and support equipment.
(c) Strategy elements.—Each strategy required by subsection (a) shall include the following:
(1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the next five fiscal years.
(2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2).
(3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
(4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3).
(d) Considerations.—In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors:
(1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base.
(2) Technological advances that will increase efficiency of and reduce demand for tactical wheeled vehicles.
(3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions.
(4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others.
(5) The capabilities of autonomous equivalents to tactical wheeled vehicles.
(e) Briefing requirements.—Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide a briefing to the congressional defense committees that addresses the investment needed for each platform of tactical wheeled vehicle across the future-years defense program.
Section 2834(d) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2201) is amended—
(1) in the matter preceding paragraph (1), by striking “March 31, 2026” and inserting “March 31, 2030”; and
(2) by adding at the end the following new paragraph:
“(5) A description of any changes made to the master plan based upon current global events, including pandemics and armed conflicts.”.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army, in conjunction with the Office of the Secretary of Defense and in coordination with the geographic combatant commanders, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report reviewing the proposed recompete of the operational task orders of the geographic combatant commands under the contract for the logistics augmentation program of the Army that will expire in 2028 (commonly referred to as “LOGCAP V”).
(b) Elements.—The report required by subsection (a) shall include the following:
(1) A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a).
(2) Input from stakeholders, including Army Sustainment Command, the geographic combatant commanders, and Army service component commanders, on the desirability and operational impacts of the proposed recompete described in subsection (a).
(3) Detailed cost estimates and timelines, including projected transition costs and timelines for the task orders described in subsection (a).
(4) An assessment of the potential impacts related to quality and timing of transitioning to the new logistics augmentation program (commonly referred to as “LOGCAP VI”).
(5) An analysis of recompeting the task orders described in subsection (a) compared to transitioning to LOGCAP VI.
(6) An overview of potential innovations and efficiencies derived from a competition for LOGCAP VI.
(7) An explanation of the benefit of recompeting the task orders described in subsection (a) compared to an open competition for LOGCAP VI.
(8) A breakdown of additional authorities needed to move directly to LOGCAP VI.
Section 8062(e) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “until the earlier of” and all that follows and inserting “until the date on which additional operationally deployable aircraft carriers can fully support a 10th carrier air wing;”; and
(2) in paragraph (2), by striking “the earlier of” and all that follows through “and (B) of” and inserting “the date referred to in”.
Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 123(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “through 2023” and inserting “through 2024”.
(a) Authority for multiyear procurement.—Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of 10 Virginia class submarines.
(b) Authority for advance procurement and economic order quantity.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of—
(1) long lead time material; or
(2) material or equipment in economic order quantities when cost savings are achievable.
(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(d) Limitation on termination liability.—A contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.
(a) Findings.—Congress finds that Congress appropriated funds for twelve F/A–18 Super Hornet platforms in fiscal year 2022 and eight F/A–18 Super Hornet platforms in fiscal year 2023, but the Navy has yet to enter into any contracts for the procurement of such platforms.
(b) Sense of Senate.—It is the sense of the Senate that—
(1) the Secretary of the Navy and the contractor team should expeditiously enter into contractual agreements to procure the twenty F/A–18 Super Hornet platforms for which funds have been appropriated; and
(2) the Senate urges the Secretary of the Navy and the contractor team to comply with congressional intent and applicable law with appropriate expediency to bolster the Navy’s fleet of strike fighter aircraft and avoid further disruption to the defense industrial base.
Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(l) (1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not—
“(A) retire an RQ–4 aircraft;
“(B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft;
“(C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status); or
“(D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft.
“(2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.”.
No divestiture of any T–1A training aircraft may occur until the Chief of Staff of the Air Force submits to the congressional defense committees a certification of—
(1) the fleet-wide implementation of the Undergraduate Pilot Training 2.5 curriculum and the effect of such implementation on the undergraduate pilot training pipeline; and
(2) how the divestiture would affect existing programs of the Air Force that accelerate pilot training.
(a) Fiscal year 2017 NDAA.—Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038), as amended by section 141(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “153 A–10 aircraft” and inserting “135 A–10 aircraft”.
(b) Fiscal year 2016 NDAA.—Section 142(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755), as amended by section 141(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “153 A–10 aircraft” and inserting “135 A–10 aircraft”.
Section 9062(i)(1) of title 10, United States Code, is amended by striking “1,145 fighter aircraft” and inserting “1,112 fighter aircraft”.
Section 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2456) is amended—
(A) in subparagraph (C)(ii), by striking “; and” and inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new subparagraph:
“(E) for each covered F–15 aircraft that the Secretary plans to divest, a description of—
“(i) the upgrades and modifications done to the aircraft, including the date of each modification and the value amount of each modification in current year dollars; and
“(ii) the estimated remaining service life of—
“(I) the aircraft; and
“(II) the onboard systems of the aircraft.”; and
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection (c):
“(c) Updates.—Not later than October 1 of each year through October 1, 2028, the Secretary of the Air Force shall—
“(1) update the report required under subsection (b); and
“(2) submit such update to the congressional defense committees.”.
(a) In general.—Not later than January 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following:
(1) An overview of the total missions flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission types and Government agencies supported.
(2) An identification of each mission flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission type, overall cost, average flight hour cost, and Government agency supported, disaggregated by wing and by type of aircraft.
(3) The projected mission capacity for executive aircraft of the Air Force for the five fiscal years following the fiscal year in which the report is submitted, disaggregated by fiscal year, factoring in any planned changes to aircraft inventory.
(4) A description of any anomalous conditions that may have impacted the availability, with respect to executive aircraft of the Air Force, of a specific aircraft type or wing during the five fiscal years preceding the fiscal year in which the report is submitted, such as unavailability of a specific aircraft type due to block upgrades or fleetwide maintenance issues.
(5) A description of the impact of the capacity of executive aircraft of the Air Force on the overall capacity of the Department of Defense to meet demand for executive aircraft.
(6) The total outlays of the Department of the Air Force for missions flown by executive aircraft of the Air Force, after factoring in reimbursements received from Government agencies supported, during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year and by account.
(7) The projected budgets for the executive aircraft of the Air Force through the future years defense program.
(8) A narrative description of how the Air Force plans and budgets for missions flown by executive aircraft.
(9) Any other information the Secretary considers to be important.
(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex for the purposes of describing classified missions supported by the executive aircraft of the Air Force.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 16.
(b) Exception for plan.—If the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted.
(c) Exception for E–7 procurement.—If the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered.
Section 834(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4061 note) is amended by adding at the end the following new paragraph:
“(3) The Secretary of Defense may waive the priority established pursuant to paragraph (1) for up to two solicitations for proposals per fiscal year.”.
(1) IN GENERAL.—The Secretary of Defense shall develop and implement policies to establish the unified datalink strategy of the Department of Defense (in this section referred to as the “strategy”).
(2) ELEMENTS.—The policies required by paragraph (1) shall include the following:
(A) The designation of an organization that will act as the lead coordinator of datalink activities across the entire Department of Defense.
(B) Prioritization and coordination across services of the strategy within the requirements generation process of the Department.
(C) The use of a common standardized datalink network or transport protocol that ensures interoperability between independently developed datalinks, regardless of physical medium used, and ensures mesh routing. The Secretary of Defense shall consider the use of a subset of Internet Protocol.
(D) A programmatic decoupling of the physical method used to transmit data, the network or transport protocols used in the transmission and reception of data, and the applications used to process and use data.
(E) The coordination of weapon systems executing the same mission types across services of the strategy, including through the use of a common set of datalink waveforms. The Secretary shall evaluate the use of redundant datalinks for line-of-sight and beyond-line-of-sight information exchange for each weapon systems platform.
(F) Coordination between the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to leverage any efficiencies and overlap with existing datalink waveforms of the intelligence community.
(G) Methods to support the rapid integration of common datalinks across the force.
(H) Support for modularity of specific datalink waveforms to enable rapid integration of future datalinks, including the use of software defined radios compliant with modular open system architecture and sensor open system architecture.
(b) Information to Congress.—Not later than June 1, 2024, the Secretary of Defense shall provide to the congressional defense committees the following:
(1) A briefing on the proposed policies required by subsection (a)(1), with timelines for implementation.
(2) An estimated timeline of implementations of datalinks.
(3) A list of any additional resources and authorities required to execute the strategy.
(4) A determination of whether a common set of datalinks can and should be implemented across all major weapon systems within the Department of Defense.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a report on the decision to exercise options on an existing contract to use cybersecurity capabilities to protect assets and networks across the Department of Defense.
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
(A) A description of the potential effects on innovation and competition among cybersecurity vendors of the decision to exercise the cybersecurity options on the contract described in paragraph (1).
(B) A description of the risks and benefits associated with an integrated enterprise-wide cybersecurity solution from a single vendor.
(C) A description of future plans of the Department of Defense to recompete the acquisition of integrated and interoperable cybersecurity tools and applications that would allow multiple vendors to compete separately and as teams.
(D) A copy of the analysis conducted by the Director of Cost Assessment and Program Evaluation of the Department of the costs and effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1).
(E) A copy of the analysis conducted by the Director of Operational Test and Evaluation of the Department of the effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1) compared to other commercially available products and vendors.
(b) Briefing.—Not later than 60 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the plans of the Department to ensure competition and interoperability in the security and identity and access management product market segments.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
(a) Program guidance on planning for exportability features.—The Under Secretary of Defense for Acquisition and Sustainment shall ensure that program guidance is updated to integrate planning for exportability features called for by section 4067 of title 10, United States Code, for the following activities:
(1) Major defense acquisition programs (MDAPs) (as defined in section 4201 of title 10, United States Code), which shall include in the initial cost estimates for the programs a requirement to capture potential exportability needs.
(2) Middle tier acquisition (MTA) programs described in section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.), which shall include an assessment of potential exportability needs prior to transition from rapid fielding or prototyping.
(b) Revision of guidance for program protection plans.—The Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans.
(a) Authority.—To the extent and in such amounts as provided in appropriations Acts for the purposes set forth in this section, the Secretary of Defense may, acting through the Under Secretary of Defense for Research and Engineering, provide funds of not more than $15,000,000 per year to sustain the participation of the United States in the North Atlantic Treaty Organization (NATO) Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative (in this section the “Initiative”).
(1) IN GENERAL.—Not later than 15 days after the date on which the Secretary makes a decision to provide funds pursuant to subsection (a), the Under Secretary shall submit to the congressional defense committees a written notification of such decision.
(2) CONTENTS.—Notification submitted pursuant to paragraph (1) shall include the following:
(A) A detailed breakout of the funding provided.
(B) The intended purposes of such funds.
(C) The timeframe covered by such funds.
(1) IN GENERAL.—Not later than July 1, 2024, the Under Secretary shall submit to the congressional defense committees a strategy for participation by the United States in the Initiative.
(2) CONTENTS.—The strategy submitted pursuant to paragraph (1) shall include the following:
(A) A description for how the Initiative fits into the innovation ecosystem for the North Atlantic Treaty Organization, as well as how it is synchronized with and will interact with other science, technology, and innovation activities within the Department of Defense.
(B) Anticipated funding profile across the future years defense program (FYDP).
(C) Identification of key technology focus areas to be addressed each year across the future years defense program.
(D) Anticipated areas for expansion for key nodes or locations for the Initiative, including how the Initiative will contribute to fostering the spread of innovation throughout the United States.
(d) Annual report.—Not later than February 1, 2024, and February 1 of each year thereafter through 2026, the Secretary shall submit to the congressional defense committees an annual report for Department supported activities of the Initiative, including the breakdown of funding provided for the previous fiscal year, and key milestones or achievements during that timeframe.
(e) Sunset.—The authority provided by subsection (a) shall terminate on September 30, 2026.
Section 4092(b) of title 10, United States code is amended—
(1) in paragraph (1)(B), by striking “of which not more than 5 such positions may be positions of administration or management of the Agency”; and
(2) in paragraph (4), by inserting “, including, upon separation, pay the travel, transportation, and relocation expenses to return to the location of origin, at the time of the initial appointment, within the United States” before the period at the end.
Section 218 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(A) in paragraph (1), by striking “The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve” and inserting “The Under Secretary of Defense for Intelligence and Security, acting through the Director of the Air Force Office of Concepts, Development, and Management Office, shall serve”; and
(B) in paragraph (2), by striking “The resource sponsors of the Program shall be responsible” and inserting “The resource sponsor, in consultation with the Commander of Naval Air Systems Command, shall be responsible”;
(2) in subsection (b), by striking “Only the Secretary of the Navy, the Under Secretary of the Navy, and the Commander of Naval Air Systems Command may” and inserting “Only the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office, in consultation with the Commander of Naval Air Systems Command, may”; and
(3) in subsection (d)(3), by striking “exercised by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy” and inserting “exercised by the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office”.
Section 980(b) of title 10, United Stated Code, is amended—
(1) by inserting “(1)” before “The Secretary”; and
(2) by adding to the end the following new paragraph:
“(2) The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering.”.
(a) Program required.—The Secretary of Defense shall establish, not later than 180 days after the date of the enactment of this Act, a program within the National Security Agency to develop and continuously update, as the Secretary determines necessary, standards, commercial best practices, and requirements for the design, manufacture, packaging, test, and distribution of microelectronics acquired by the Department of Defense to provide acceptable levels of confidentiality, integrity, and availability for Department commercial-off-the-shelf (COTS) microelectronics, field programmable gate arrays (FPGAs), and custom integrated circuits (CICs).
(b) Advice and assessment.—The Secretary shall ensure that the program established pursuant to subsection (a) is advised and assessed by the Government-Industry-Academia Working Group on Microelectronics established under section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
(c) Requirements.—The program established by subsection (a) shall develop—
(1) evidence-based assurance processes and techniques that sustain, build on, automate, and scale up the results and accomplishments of the Rapid Assured Microelectronics Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging (SHIP) programs to enhance the confidentiality, integrity, and availability of microelectronics while minimizing costs and impacts to commercial manufacturing practices;
(2) validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Secretary determines necessary;
(3) threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation, based on the principle of reducing risk to as low a level as reasonably practicable, including—
(A) comparative risk assessments; and
(B) balanced and practical investments in assurance based on risks and returns;
(4) levels of assurance and associated requirements for the production and acquisition of commercial-off-the-shelf integrated circuits, integrated circuits subject to International Traffic in Arms Regulations (ITAR) under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified integrated circuits using commercial foundry manufacturing process flows;
(5) guides for Federal Government program evaluators, program offices, and industry to meet microelectronics assurance requirements; and
(6) guidance for the creation of a government organizational structure and plan to support the acquisition of fit-for-purpose microelectronics, including the role of the Defense Microelectronics Activity, the Crane Division of the Naval Surface Warfare Center, and the Joint Federated Assurance Center.
(d) Microelectronics assurance standard.—The program established pursuant to subsection (a) shall establish a Department microelectronics assurance standard that includes an overarching assurance framework as well as the guides developed under subsection (c)(5), for commercial-off-the-shelf integrated circuits, integrated circuits subject to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified microelectronics developed under subsection (c)(4).
(e) Microelectronics Assurance Executive Agent.—The Secretary shall designate one individual from a military department as the Microelectronics Assurance Executive Agent to assist Federal Government program offices in acquiring fit-for-purpose microelectronics.
(f) Management of RAMP and SHIP programs.—Effective on the date of the establishment of the program required by subsection (a), such program shall assume management of the Rapid Assured Microelectronics Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging programs that were in effect on the day before the date of the enactment of this Act and executed by the Under Secretary of Defense for Research and Engineering.
(g) Oversight.—The Under Secretary of Defense for Research and Engineering shall provide oversight of the planning and execution of the program required by subsection (a).
(h) Requirements for contracting for application-specific integrated circuits.—The Secretary shall ensure that, for contracts for application-specific integrated circuits designed by defense industrial base contractors—
(1) the use of evidence-based assurance processes and techniques are included in the contract data requirements list;
(2) commercial best industry practices for confidentiality, integrity, and availability are used;
(3) a library of certified third-party intellectual property is established for reuse, including reuse of transistor layouts, cells, and macrocells;
(4) legal mechanisms are in place for data collection and sharing; and
(5) automation technology is adopted to achieve efficiency.
Section 4124(f)(2) of title 10, United States Code, is amended—
(1) by striking “that assists” and inserting the following: “that—
“(A) assists”;
(2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
“(B) facilitates technology transfer from industry or academic institutions to the Center; or
“(C) assists and facilitates workforce development in critical technology areas and technology transition to fulfill unmet needs of a Center.”.
(1) IN GENERAL.—The Secretary of Defense shall establish and carry out a prize competition under section 4025 of title 10, United States Code, to evaluate technology, including applications, tools, and models, for the detection and watermarking of generative artificial intelligence (AI)—
(A) to facilitate the research, development, testing, evaluation, and competition of secure generative artificial intelligence detection and watermark technologies that can support each Secretary of a military department and the commanders of combatant commands to support warfighting requirements; and
(B) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production.
(2) PARTICIPATION.—The participants in the competition carried out pursuant to paragraph (1) may include Federally-funded research and development centers (FFRDCs), the private sector, the defense industrial base, academia, government agencies, and such other participants as the Secretary considers appropriate.
(3) COMMENCEMENT.—The competition will begin within 270 days of passage of this Act.
(4) DESIGNATION.—The competition established and carried out pursuant to paragraph (1) shall be known as the “Generative AI Detection and Watermark Competition”.
(b) Administration.—The Under Secretary of Defense for Research and Engineering shall administer the competition required by subsection (a).
(c) Framework.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the framework the Secretary will use to carry out the competition required by subsection (a).
(d) Annual reports.—Not later than October 1 of each year until the termination of the competition established and carried out under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the competition.
(e) Definitions.—In this section:
(1) The term “detection” means a technology that can positively identify the presence of generative artificial intelligence in digital content.
(2) The term “watermarking” means embedding a piece of data onto detected artificial intelligence generated digital content, conveying attribution to the source generation.
(f) Termination.—The competition established and carried out pursuant to subsection (a) shall terminate on December 31, 2025.
(a) In general.—Not later than September 30, 2028, the Secretary of Defense and the Secretaries of the military departments shall complete one or more prize competitions under section 4025 of title 10, United States Code, in order to support the business systems modernization goals of the Department of Defense.
(1) IN GENERAL.—Each prize competition carried out under subsection (a) shall be structured to complement, and to the degree practicable, accelerate delivery or expand functionality of business systems capabilities being pursued by the affected Secretary, either currently in operation, in development, or for broad classes of systems covered by the business enterprise architecture required by section 2222(e) of title 10, United States Code.
(2) AREAS FOR CONSIDERATION.—In carrying out subsection (a), the Secretary of Defense and the Secretaries of the military departments shall each consider the following:
(A) Integration of artificial intelligence or machine learning capabilities.
(B) Data analytics or business intelligence, or related visualization capability.
(C) Automated updating of business architectures, business systems integration, or documentation related to existing systems or manuals.
(D) Improvements to interfaces or processes for interacting with other non-Department of Defense business systems.
(E) Updates or replacements for legacy business systems to improve operational effectiveness and efficiency, such as the Mechanization of Contract Administration Services (MOCAS).
(F) Contract writing systems or expanded capability that could be integrated into existing systems.
(G) Pay and personnel systems, or expanded capability, that could be integrated into existing systems.
(H) Other finance and accounting systems, or expanded capability, that could be integrated into existing systems.
(I) Systems supporting industrial base and supply chain visibility, analytics, and management.
(a) In general.—The Secretary of Defense shall, in consultation with the Deputy Secretary of Defense—
(1) establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of the strategy and whether any revision is necessary;
(2) issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to—
(A) the adoption of artificial intelligence;
(B) adoption and enforcement of policies on the ethical use of artificial intelligence systems; and
(C) the identification and mitigation of bias in artificial intelligence algorithms;
(3) issue Department-wide guidance regarding—
(A) methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics;
(B) means to enforce and update ethics policy and guidelines across all adopted artificial intelligence systems; and
(C) means to identify, monitor, and mitigate bias in artificial intelligence algorithms;
(4) develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy for use of, and defense against adversarial use of, generative artificial intelligence;
(5) assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs;
(6) assess the availability and adequacy of the basic artificial intelligence training and education curricula available to the broader Department civilian workforce and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development;
(7) develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common terminology for artificial intelligence-related activities;
(8) develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments;
(9) develop and implement a plan—
(A) to identify commercially available and relevant large language models; and
(B) to make those available, as appropriate, on classified networks;
(10) develop a plan to defend the people, organizations, and systems of the Department against adversarial artificial intelligence, including identification of organizations within the Department that could provide red teams capabilities for operational and developmental needs;
(11) develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide their artificial intelligence algorithms to a Department repository established pursuant to section 232 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note), including policy for how to address data rights in situations in which government and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment;
(12) issue guidance and directives for how the Chief Digital and Artificial Intelligence Officer of the Department will exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or utilized by Department components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4001 note); and
(13) clarify guidance on the instances for and role of human intervention and oversight in the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations.
(b) Due date for procedures, guidance, plans, assessment, and timelines.—
(1) DUE DATE.—The Secretary shall develop the procedures, guidance, plans, assessment, and timelines required under subsection (a) not later than 120 days after the date of enactment of this Act.
(2) BRIEFING.—Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the procedures, guidance, plans, assessment, and timelines established, issued, carried out, or developed under subsection (a).
(a) Demonstration required.—The Secretary shall carry out a demonstration of a joint multi-domain nonkinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain nonkinetic training and further testing, research, and development.
(b) Use of existing ranges and capabilities.—The demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities.
(c) Activities.—The demonstration carried out pursuant to subsection (a) shall include the following:
(1) Electromagnetic spectrum operations.
(2) Electromagnetic warfare.
(3) Operations in the information environment.
(4) Joint All Domain Command and Control (JADC2).
(5) Information warfare, including the following:
(A) Intelligence, surveillance, and reconnaissance.
(B) Offensive and defense cyber operations.
(C) Electromagnetic warfare.
(D) Space operations.
(E) Psychological operations.
(F) Public affairs.
(G) Weather operations.
(d) Timeline for completion of initial demonstration.—In carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act.
(e) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on—
(1) a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d);
(2) how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and
(3) how the design architecture will support high-periodicity training, testing, research, and development.
(f) Definition.—In this section:
(1) INFORMATION ENVIRONMENT.—The term “information environment” means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information.
(2) SECRETARY.—The term “Secretary” means the Secretary of Defense.
(g) Termination.—This section shall terminate on September 30, 2028.
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Chief Digital and Artificial Intelligence Officer, submit to the congressional defense committees a report on the feasibility and advisability of establishing a quantum computing innovation center within the Department of Defense—
(1) to identify and pursue the development of quantum computing applications to enhance military operations;
(2) to harness the talent and skills of physicists and scientists within the Department to develop quantum computing applications; and
(3) to coordinate and synchronize quantum computing research across the Department.
(b) Elements.—The report required under subsection (a) shall include the following:
(1) An assessment of the ongoing activities of the Department that are part of the National Quantum Initiative.
(2) An evaluation of the plans of the Department to develop quantum computing, sensing, and networking applications.
(3) The level of funding and resources invested by the Department to enable quantum military applications.
(4) Any established metrics or performance indicators to track the progress of quantum technology developments.
(5) The extent to which the Department is partnering with commercial entities engaging in quantum research and development.
(6) An evaluation of any plans establishing how commercial advances in quantum technology can be leveraged for military operations.
(7) An assessment of the maturity of United States competitor efforts to develop quantum applications for adversarial use.
(8) An assessment of any processes to harmonize or coordinate activities across the Department to develop quantum computing applications.
(9) An evaluation of any Department-issued policy guidance regarding quantum computing applications.
(10) An evaluation of any Department plans to defend against adversarial use of quantum computing applications.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall, in consultation with the Office of General Counsel of the Department of Defense and the Director of the Defense Advanced Research Projects Agency, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the impediments to the transition of the Semantic Forensics program to operational use.
(b) Elements.—The briefing provided pursuant to subsection (a) shall include the following:
(1) Identification of policy and legal challenges associated with the transition described in subsection (a) and implementation of the Semantic Forensics program, including with respect to the use and operational testing of publicly available information.
(2) Identification of other Federal agencies with legal authorities that may be able to resolve the challenges identified pursuant to paragraph (1).
(3) Recommendations for legislative or administrative action to mitigate the challenges identified pursuant to paragraph (1).
(a) In general.—Not later than March 1 of fiscal year 2024 and March 1 of each of fiscal year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on funding and investments of the Department of Defense relating to hypersonic capabilities, including with respect to procurement, research, development, operations, and maintenance of offensive and defensive hypersonic weapons.
(b) Requirements.—Each report submitted pursuant to subsection (a) shall—
(1) include cost data on the vehicles, testing, hypersonic sensors, command and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary considers appropriate;
(2) disaggregate information reported by offensive and defensive hypersonic capabilities;
(3) for research relating to hypersonic capabilities, include the program element and the name of the entity that is conducting the research, a description of the purpose of the research, and any Uniform Resource Locators to weapon programs associated with the research; and
(4) to the degree applicable, include all associated hypersonic program elements and line items.
(c) Form.—Each report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(a) Limitation.—Of the funds authorized to be appropriated by this Act for fiscal year 2024 for travel for the office of the Under Secretary of Defense for Personnel and Readiness, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives supporting justification material underpinning the decision to cease current modernization efforts for the Defense Travel System (DTS), and a plan going forward for modernizing or replacing such system
(b) Contents.—The justification material and plan described in subsection (a) shall include the following:
(1) The documentation from the Milestone Decision Authority (MDA) justifying cancellation of the current modernization contract, including—
(A) specific metrics used to make that determination;
(B) a timeline for decisions leading to the final cancellation;
(C) notification from the military departments when they were unable to make the desired usage rates using the current modernization prototype;
(D) identification of system requirements for audit readiness, as well as interface needs for other enterprise resource planning systems, in the current modernization contract; and
(E) alternatives considered prior to cancellation.
(2) An assessment by the Cost Assessment of Program Evaluation office comparing—
(A) costs of continuing with the current modernization prototype across the future years defense plan (FYDP); and
(B) costs of sustainment of the Defense Travel System across the future years defense plan, factoring potential costs of restarting modernization efforts.
(3) A description from the Milestone Decision Authority on what the current plan is for modernizing the Defense Travel System, including timelines and potential costs.
(a) In general.—Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section:
“§ 222e. Unfunded priorities for research, development, test, and evaluation activities
“(a) Annual report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities.
“(1) IN GENERAL.—Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
“(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
“(C) Account information with respect to such priority, including the following (as applicable):
“(i) Line Item Number (LIN) for applicable procurement accounts.
“(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
“(2) PRIORITIZATION OF PRIORITIES.—The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
“(c) Exclusion of priorities covered in other reports.—The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under—
“(1) section 222a or 222b; or
“(2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note).
“(d) Form.—Each report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate.
“(e) Unfunded priority defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement, that—
“(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and
“(2) would have been recommended for funding through that budget if—
“(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
“(B) the program, activity, or mission requirement has emerged since the budget was formulated.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item:
“222e. Annual report on unfunded priorities for research, development, test, and evaluation activities.”.
(a) In general.—The Commander of Air Force Global Strike Command may, through the use of a partnership intermediary, establish a program—
(1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and
(2) to discover capabilities that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation.
(b) Termination.—The program established under subsection (a) shall terminate on September 30, 2029.
(c) Partnership intermediary defined.—The term “partnership intermediary” has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1) review the current investment into applications of artificial intelligence to the platforms, processes, and operations of the Department of Defense; and
(2) categorize the types of artificial intelligence investments by categories including but not limited to the following:
(A) Automation.
(B) Machine learning.
(C) Autonomy.
(D) Robotics.
(E) Deep learning and neural network.
(F) Natural language processing.
(b) Report to Congress.—Not later than 120 days after the completion of the review and categorization required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on—
(1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and
(2) an evaluation of how the findings of the Secretary align with stated strategies of the Department of Defense with regard to artificial intelligence and performance objectives established in the Department of Defense Data, Analytics, and Artificial Intelligence Adoption Strategy.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Section 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2911 note) is amended—
(1) by striking “The Secretary of Defense” and inserting the following:
“(1) IN GENERAL.—The Secretary of Defense”; and
(2) by adding at the end the following new paragraph:
“(2) WAIVER OF FUEL EFFICIENCY KEY PERFORMANCE PARAMETER.—
“(A) IN GENERAL.—The fuel efficiency key performance parameter implemented under paragraph (1) may be waived for a system only if such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment.
“(B) NONDELEGATION.—The waiver authority under subparagraph (A) may not be delegated.”.
(a) Codification of existing statute.—Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note) is amended—
(1) by transferring such section to appear after section 2692 of title 10, United States Code;
(2) by redesignating such section as section 2693; and
(3) by amending the section heading to read as follows:
(b) Improvements to Sentinel Landscapes Partnership program.—Section 2693 of title 10, United States Code, as transferred and redesignated by subsection (a), is further amended—
(1) in subsection (a), by striking “and the Secretary of the Interior” and inserting “, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners”;
(2) in subsection (b), by striking “and the Secretary of the Interior, may, as the Secretaries” and inserting “the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners may, as they”;
(3) by amending subsection (c) to read as follows:
“(c) Coordination of activities.—The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace.”;
(A) by striking the first sentence and inserting “The Secretaries and the heads of Federal departments and agencies, in carrying out this section, 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 programs administered by that Secretary or head.”; and
(B) in the second sentence, by striking “eligible landowner or agricultural producer” and inserting “eligible owner or manager of land”; and
(5) by redesignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new subsection (f):
“(f) Rule of construction.—Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.”;
(7) in subsection (g), as redesigned by paragraph (5)—
(A) in paragraph (1), by striking “ section 670(1) of title 16, United States Code” and inserting “ section 100(1) of the Sikes Act (16 U.S.C. 670(1))”;
(B) in paragraph (2), by striking “section 670(3) of title 16, United States Code” and inserting “section 100(3) of the Sikes Act (16 U.S.C. 670(3))”; and
(C) in paragraph (3), by amending subparagraph (B) to read as follows:
“(B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation.”.
(c) Clerical amendment.—The table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2692 the following new item:
“2693. Sentinel Landscapes Partnership.”.
Section 324(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2), as redesignated by paragraph (2) of this section, the following new paragraph:
“(1) The term ‘applicable material’ means—
“(A) monoglycerides, diglycerides, and triglycerides;
“(B) free fatty acids; or
“(C) fatty acid esters.”; and
(4) by adding at the end the following new paragraphs:
“(3) The term ‘biomass’ has the meaning given that term in section 45K(c)(3) of the Internal Revenue Code of 1986.
“(4) The term ‘lifecycle greenhouse gas emissions reduction percentage’ means, with respect to any sustainable aviation fuel, the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based aviation fuel, as determined in accordance with—
“(A) the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, by the International Civil Aviation Organization with the agreement of the United States; or
“(B) the most recent determinations, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model developed by Argonne National Laboratory.
“(5) The term ‘sustainable aviation fuel’ means liquid fuel, the portion of which is not kerosene, that—
“(A) meets the requirements of—
“(i) ASTM International Standard D7566; or
“(ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1;
“(B) is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock that is not biomass;
“(C) is not derived from palm fatty acid distillates or petroleum; and
“(D) has been certified pursuant to a scheme or model under paragraph (4) as having a lifecycle greenhouse gas emissions reduction percentage of not less than 50 percent.”.
(a) Authority to transfer funds.—
(A) IN GENERAL.—The Secretary of the Navy may transfer an amount not to exceed $438,250 to the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986, in accordance with section 2703(f) of title 10, United States Code.
(B) INAPPLICABILITY OF LIMITATION.—Any transfer under subparagraph (A) shall be made without regard to section 2215 of title 10, United States Code.
(2) SOURCE OF FUNDS.—Any transfer under paragraph (1)(A) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense Base Closure Account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (Public Law 101–510; 10 U.S.C. 2687 note).
(b) Purpose of transfer.—Any transfer under subsection (a)(1)(A) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on May 4, 2018, regarding former Naval Air Station, Moffett Field, California, under the Federal Facility Agreement for Naval Air Station, Moffett Field, which was entered into between the Navy and the Environmental Protection Agency in 1990 pursuant to section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620).
(c) Acceptance of payment.—If the Secretary of the Navy makes a transfer under subsection (a)(1)(A), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty described in subsection (b).
(a) Technical assistance for navigation of response actions.—
(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall furnish technical assistance services described in paragraph (3) through the Technical Assistance for Public Participation (TAPP) Program of the Department of Defense to communities, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department.
(2) IMPLEMENTATION.—The Secretary, acting through the Director of the Office of Local Defense Community Cooperation, may furnish technical assistance services pursuant to paragraph (1) through a Federal interagency agreement, a private service provider, or a cooperative agreement entered into with a nonprofit organization.
(3) SERVICES PROVIDED.—The technical assistance services described in this paragraph are services to improve public participation in, or assist in the navigation of, environmental response efforts, including—
(A) the provision of advice and guidance to a community or individual specified in paragraph (1) regarding additional technical assistance with respect to which such community or individual may be eligible (including pursuant to subsection (b));
(B) the interpretation of site-related documents;
(C) the interpretation of health-related information;
(D) assistance with the preparation of public comments; and
(E) the development of outreach materials to improve public participation.
(b) Grants for technical assistance.—
(1) AUTHORITY.—Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall administer a grant program under which the Director may award a grant to a community, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department of Defense.
(2) USE OF AMOUNTS.—Funds provided under a grant awarded pursuant to paragraph (1) in connection with a release of a pollutant at a facility may be used by the grant recipient only to obtain technical assistance and services for public participation in various stages of the processes of response, remediation, and removal actions at the facility, including—
(A) interpreting the nature of the release, including monitoring and testing plans and reports associated with site assessment and characterization at the facility;
(B) interpreting documents, plans, proposed actions, and final decisions related to—
(i) an interim remedial action;
(ii) a remedial investigation or feasibility study;
(iii) a record of decision;
(iv) a remedial design;
(v) the selection and construction of remedial action;
(vi) operation and maintenance; and
(vii) a five-year review at the facility.
(C) a removal action at such facility; and
(D) services specified under subsection (a)(3).
(c) Prohibition on use of amounts.—None of the amounts made available under this section may be used for the purpose of conducting—
(1) lobbying activities; or
(2) legal challenges of final decisions of the Department of Defense.
(a) In general.—The Secretary of Defense may treat covered materials, including soils that have been contaminated with PFAS, until the date on which the Secretary adopts the final rule required under section 343(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2701 note) if the treatment of such materials occurs through the use of remediation or disposal technology approved by the relevant Federal regulatory agency.
(b) Definitions.—In this section, the terms “covered material” and “PFAS” have the meanings given those terms in section 343(e) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2701 note).
Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3533), section 342 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643), and section 342 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by adding at the end the following new clause:
“(iv) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,000,000 during fiscal year 2024 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.”.
(a) Clarification of definition of National Guard facilities.—Paragraph (4) of section 2700 of title 10, United States Code, is amended—
(1) by striking “State-owned”;
(2) by striking “owned and operated by a State when such land is”; and
(3) by striking “even though such land is not under the jurisdiction of the Department of Defense.” and inserting “without regard to—”
“(A) the owner or operator of the facility; or
“(B) whether the facility is under the jurisdiction of the Department of Defense or a military department.”.
(b) Inclusion under Defense Environmental Restoration Program.—Section 2701(a)(1) of such title is amended by striking “State-owned”.
(c) Response actions at National Guard facilities.—Section 2701(c)(1)(D) of such title is amended by striking “State-owned”.
(d) Services of other entities.—Section 2701(d)(1) of such title is amended, in the second sentence, by inserting “or at a National Guard facility” before the period at the end.
(e) Environmental restoration accounts.—Section 2703(g)(1) of such title is amended by inserting “, a National Guard facility,” after “Department of Defense”.
(f) Technical and conforming amendments.—
(1) REPEAL.—Section 2707 of such title is amended by striking subsection (e).
(2) REFERENCE UPDATE.—Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note) is amended by striking “facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code” and inserting “National Guard facility, as such term is defined in section 2700 of title 10, United States Code”.
(a) In general.—Of the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note), which shall include the following:
(1) A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States.
(2) A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code.
(3) Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs.
(b) Inability to meet transparency requirements.—If the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing.
The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances and polyfluoroalkyl substances, including funding for and descriptions of—
(1) research and development efforts;
(2) testing;
(3) remediation;
(4) contaminant disposal; and
(5) community outreach.
(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, and once every two years thereafter through December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing—
(A) a proposed schedule for the completion of testing and remediation activities, including remediation of perfluoroalkyl substances and polyfluoroalkyl substances, at military installations, facilities of the National Guard, and formerly used defense sites in the United States where the Secretary obligated funding for environmental restoration activities in fiscal year 2022;
(B) detailed cost estimates to complete such activities, if such estimates are available; and
(C) if such estimates are not available, estimated costs to complete such activities based on historical costs of remediation for—
(i) sites remediated under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code;
(ii) other Federally-funded sites; or
(iii) privately-funded sites.
(2) INCLUSION OF REMEDIAL INVESTIGATIONS AND FEASIBILITY STUDIES.—The schedule and cost estimates required under paragraph (1) shall include a schedule and estimated costs for the completion of remedial investigations and feasibility studies at all sites covered under such paragraph for which such investigations and studies are anticipated or planned.
(3) MILITARY INSTALLATION DEFINED.—In this subsection, the term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
(b) Publication of information.—Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obligated amounts for environmental restoration activities.
Section 2714(f) of title 10, United States Code, is amended by striking “and quarterly thereafter,” and inserting “and annually thereafter through 2029,”.
Not later than one year after the date of the enactment of this Act, and not later than five years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the state of ongoing testing and remediation by the Department of Defense of current or former military installations contaminated with perfluoroalkyl substances or polyfluoroalkyl substances, including—
(1) assessments of the thoroughness, pace, and cost-effectiveness of efforts of the Department to conduct testing and remediation relating to those substances;
(2) recommendations to improve those efforts; and
(3) such other matters as the Comptroller General determines appropriate.
(a) Establishment of pilot program.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the “Assuring Critical Infrastructure Support for Military Contingencies Pilot Program”.
(b) Selection of installations.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall select not fewer than four geographically diverse military installations at which to carry out the pilot program under subsection (a).
(A) IN GENERAL.—In selecting military installations under paragraph (1), the Secretary of Defense shall give priority to any military installation that is a key component of not fewer than two Contingency Plans (CONPLANs) or Operational Plans (OPLANs), with priority given to such plans in the area of responsibility of the United States Indo-Pacific Command or the United States European Command.
(B) ADDITIONAL PRIORITY.—If two or more military installations are given equal priority under subparagraph (A), priority for selection under paragraph (1) shall be given to the military installations that are—
(i) connected to national-level infrastructure;
(ii) located near a commercial port; or
(iii) located near a national financial hub.
(c) Activities.—In carrying out the pilot program under subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall—
(1) without duplicating or disrupting existing cyber exercise activities under the National Cyber Exercise Program under section 2220B of the Homeland Security Act of 2002 (6 U.S.C. 665h), conduct cyber resiliency and reconstitution stress test scenarios through tabletop exercises and, if possible, live exercises—
(A) to assess how to prioritize restoration of power, water, and telecommunications for a military installation in the event of a significant cyberattack on regional critical infrastructure that has similar impacts on State and local infrastructure; and
(B) to determine the recovery process needed to ensure the military installation can function and support an overseas contingency operation or a homeland defense mission, as appropriate;
(2) map dependencies of power, water, and telecommunications at the military installation and the connections to distribution and generation outside the military installation;
(3) recommend priorities for the order of recovery for the military installation in the event of a significant cyberattack, considering both the requirements needed for operations of the military installation and the potential participation of personnel at the military installation in an overseas contingency operation or a homeland defense mission; and
(4) create a lessons-learned database from the exercises conducted under paragraph (1) across all installations participating in the pilot program to share with the appropriate committees of Congress.
(d) Coordination with related programs.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall ensure that activities under subsection (c) are coordinated with—
(1) private entities that operate power, water, and telecommunications for a military installation participating in the pilot program under subsection (a);
(2) relevant military and civilian personnel; and
(3) any other entity that the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs determines is relevant to the execution of activities under subsection (c).
(e) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Assistant to the President for Homeland Security, the National Cyber Director, the head of any other relevant Sector Risk Management Agency, the Committees on Armed Services of the Senate and the House of Representatives, and, if appropriate, relevant private sector owners and operators of critical infrastructure a report on the activities carried out under pilot program under subsection (a), including a description of any operational challenges identified.
(f) Definitions.—In this section:
(1) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given that term in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).
(2) SECTOR RISK MANAGEMENT AGENCY.—The term “Sector Risk Management Agency” has the meaning given that term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(a) Strategy.—The Secretary of Navy, in coordination with the Shipyard Infrastructure Optimization Program, shall develop and implement a strategy to leverage commercial best practices used in shipyards to make operations more efficient and demonstrate a digital maintenance artificial intelligence platform that analyzes data on the maintenance and health of shipboard assets of the Navy at shipyards, which shall improve readiness of the Armed Forces, predict and diagnose issues before they occur, and lower maintenance costs.
(b) Assessment.—The Secretary of Navy shall assess the costs of maintenance delays on shipboard assets of the Navy and assess the potential cost savings of adopting artificial intelligence predictive maintenance technology techniques that help determine the condition of in-service equipment to estimate when maintenance should be performed rather than waiting until failure or end of life, including—
(1) an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues;
(2) an evaluation of opportunities to demonstrate commercial best practices at shipyards, including artificial intelligence technologies to ensure timely predictions for maintainers and planners at shipyards by connecting datasets, executing models, and providing outputs in near real-time;
(3) an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance and an estimate of resources needed within the Navy to accelerate the demonstration of predictive artificial intelligence capabilities with respect to those assets; and
(4) an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimization Program.
(c) Briefing to committee.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Navy shall provide to the congressional defense committees a briefing on—
(1) the strategy developed by the Secretary under subsection (a);
(2) the results of the assessment under subsection (b); and
(3) a plan to execute any measures pursuant to such assessment.
(a) Plan.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that—
(1) have not been privatized pursuant to a conveyance under section 2688 of title 10, United States Code; and
(2) are located on a military installation.
(1) IN GENERAL.—Beginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government at military installations.
(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:
(A) Installation-level critical infrastructure system data for each critical infrastructure system owned by the Federal Government located at a military installation that includes the following for each such system:
(i) All instances of noncompliance with any applicable Federal or State law (including regulations) with which the system has been required to comply during the preceding five-year period, including information on any prior or current consent order or equivalent compliance agreement with any regulatory agency.
(ii) The year of original installation of major critical infrastructure system components, including treatment facilities, pump stations, and storage tanks.
(iii) The average age of distribution system piping and wiring.
(iv) The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets.
(v) The percentage of key system operational components inspected, and determined through actual testing to be fully operational, during the preceding one-year period, including fire hydrants, valves, and backflow preventors.
(vi) The absolute number, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period.
(vii) The absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period.
(viii) The absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks during the preceding one-year period.
(B) A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following:
(i) The ability to maintain compliance with all current and known future regulatory agency regulations and standards and all applicable regulations and policies of the Department of Defense and the military departments related to critical infrastructure, and the ability to operate systems in accordance with accepted industry standards.
(ii) The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks.
(iii) The ability to withstand severe weather events, including drought, flooding, and temperature fluctuations.
(iv) The ability for utility industrial controls systems to maintain compliance with current and future cybersecurity standards and regulations.
(a) In general.—Not later than March 1, 2024, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of a study to address the feasibility and advisability of establishing sufficient stabling, pasture, and training area for the equines in the Caisson Platoon of the 3rd United States Infantry (commonly known as the “Old Guard”).
(b) Inclusion of recommendations.—The report required under subsection (a) shall include—
(1) any recommendations determined necessary and appropriate by the Secretary—
(A) to implement the plan required under section 391(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2549); and
(B) to ensure proper animal facility sanitation for the equines in the Caisson Platoon of the 3rd United States Infantry; and
(2) plans for the housing and care of such equines.
(1) REVIEW OF MILITARY CONSTRUCTION AUTHORIZATION.—The report required under subsection (a) shall include a review of all physical locations under consideration as stabling, pasture, or training area described in such subsection for any withdrawals or projects that would require individual military construction authorization.
(2) CONSIDERATION.—In considering locations for stabling, pasture, or training area under subsection (a), the Secretary of the Army shall consider all viable options within a reasonable distance to Arlington National Cemetery.
(d) Elements.—The report required under subsection (a) shall include, for each location under consideration as stabling, pasture, or training area described in such subsection—
(1) a brief environmental assessment of the location;
(2) estimated costs for preparing the location for construction;
(3) a narrative of how the location will be beneficial and conducive the health of the equines in the Caisson Platoon of the 3rd United States Infantry;
(4) a narrative of how, if necessary, the location can be expanded; and
(5) a narrative of how the location will affect community access to outdoor recreation.
(a) In general.—Not later than October 1, 2023, and quarterly thereafter until September 30, 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the operational status of the amphibious warship fleet of the Department of the Navy.
(b) Elements.—Each briefing under subsection (a) shall include, with respect to each amphibious warship, the following:
(1) Average quarterly Operational Availability (AO).
(2) Number of days underway as follows:
(A) Training for the purpose of supporting Mission Essential Tasks (in this section referred to as “MET”) of the Marine Corps, including unit level well-deck or flight-deck operations training and Amphibious Ready Group and Marine Expeditionary Unit integrated training.
(B) Deployed, which shall not include scheduled or unscheduled in port maintenance.
(3) Expected completion date for in-work and scheduled and unscheduled maintenance.
(4) An update on any delays in completion of scheduled and unscheduled maintenance and casualty reports impacting the following:
(A) Scheduled unit level well-deck and flight-deck operations training of the Marine Corps.
(B) MET certifications of the Marine Corps, including mobility, communications, amphibious well-deck operations, aviation operations, and warfare training.
(C) Composition and deployment dates of scheduled and deployed Amphibious Ready Groups and Marine Expeditionary Units.
(c) Definitions.—In this section:
(1) AMPHIBIOUS WARSHIP.—The term “amphibious warship” means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction.
(2) AMPHIBIOUS READY GROUP; MARINE EXPEDITIONARY UNIT.—The terms “Amphibious Ready Group” and “Marine Expeditionary Unit” means a group or unit, as the case may be, that consists of a minimum of—
(A) three amphibious assault ships (general purpose) (LHA) or amphibious assault ships (multi-purpose) (LHD); and
(B) one amphibious transport dock (LPD) Flight I.
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall brief the congressional defense committees on a plan for maintaining the proficiency of the Navy and the Air Force, respectively, in executing the emergency movement of munitions stored in weapons storage areas in Joint Region Marianas, Guam, onto aircraft and naval vessels, including plans to regularly exercise such capabilities.
The Secretary of the Navy shall continue, through fiscal year 2024—
(1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and
(2) in coordination with the Commander of the United States Special Operations Command, to provide such support, as necessary, for the continued operation of such school.
None of the funds authorized to be appropriated by this Act may be used to retire U–28 aircraft until the Secretary of Defense certifies to the congressional defense committees that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, with respect to the United States Special Operations Command provides for intelligence, surveillance, and reconnaissance capacity and capability that is equal to or greater than such capacity and capability provided by the current fleet of U–28 aircraft for such Command.
(a) In general.—The Secretary of Defense shall ensure that each installation of the Department of Defense that has an Indian Tribe, Native Hawaiian organization, or Tribal interests in the area surrounding the installation, including if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly impacted by the installation, has a dedicated Tribal liaison located at the installation.
(b) Definitions.—In this section:
(1) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(2) NATIVE HAWAIIAN ORGANIZATION.—The term “Native Hawaiian organization” has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).
None of the amounts authorized by this Act for operation and maintenance, Defense-wide to expand leased facilities for the Joint Military Information Support Operations Web Operations Center may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees a validated manpower study for such center that includes the following:
(1) Validated estimates of the number of personnel from the United States Special Operations Command and the other combatant commands that will be housed in leased facilities of such center.
(2) An explanation of how such estimates are aligned with and support the priorities established by the national defense strategy under 113(g) of title 10, United States Code.
(a) Expansion of working group.—
(1) IN GENERAL.—Paragraph (3) of section 2926(d) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(D) A representative appointed by the Secretary of Defense from each of the following:
“(i) The Defense Logistics Agency.
“(ii) The Strategic Capabilities Office.
“(iii) The Defense Advanced Research Projects Agency.
“(iv) The Office of the Under Secretary of Defense for Research and Engineering.”.
(2) TIMING.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under paragraph (3)(D) of such section, as added by paragraph (1) of this subsection.
(b) Meetings.—Such section is further amended by adding at the end the following new paragraph:
“(6) The working group under paragraph (1) shall meet not less frequently than quarterly.”.
(c) Reports.—Such section is further amended by adding at the end the following new paragraph:
“(7) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense.”.
(a) In general.—There is established in the Department of the Army an equine unit, to be known as the Caisson Platoon, assigned to the 3rd Infantry Regiment of the Army, for the purposes of conducting military and State funerals and for other purposes.
(b) Prohibition on elimination.—The Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a).
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids.
(2) ELEMENTS.—The briefing required by paragraph (1) shall include the following:
(A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for the Caisson Platoon.
(B) An update on the plan of the task force of the Army on military working equids to promote, support, and sustain animal health and welfare.
(C) An update on the plan of such task force to ensure that support by the Caisson Platoon of Arlington National Cemetery and State funerals is never suspended again.
(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30-year shipbuilding plan that meets the statutory requirement in section 8062(b) of title 10, United States Code, to maintain 31 amphibious warships.
(b) Amphibious warship defined.—In this section, the term “amphibious warship” means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction.
Section 2012(i) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking “Nothing in this section” and inserting “(1) Nothing in this section”;
(3) in subparagraph (A), as so redesignated, by inserting “, except as provided in paragraph (2),” before “for response”; and
(4) by adding at the end the following new paragraph:
“(2) Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and construction to restore an area after a natural disaster.”.
(a) Projects proposed within two nautical miles of any active intercontinental ballistic missile launch facility or control center.—Section 183a of title 10, United States Code, is amended—
(A) in subparagraph (B), by inserting “or any active intercontinental ballistic missile launch facility or control center” after “military training routes”; and
(B) in subparagraph (E), by striking “or a Deputy Under Secretary of Defense” and inserting “a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment”; and
(i) by striking “The Secretary” and inserting “(A) The Secretary”; and
(ii) by inserting “or antenna structure project” after “energy project”;
(B) in the second sentence, by striking “The Secretary of Defense's finding of unacceptable risk to national security” and inserting the following:
“(C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph”; and
(C) by inserting after subparagraph (A), as designated by subparagraph (A)(i) of this paragraph, the following new subparagraph:
“(B) (i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2).
“(ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.”.
(b) Inclusion of antenna structure projects.—
(1) IN GENERAL.—Such section is further amended—
(A) by inserting “or antenna structure projects” after “energy projects” each place it appears; and
(B) by inserting “or antenna structure project” after “energy project” each place it appears (except for subsections (e)(1) and (h)(2)).
(2) ANTENNA STRUCTURE PROJECT DEFINED.—Section 183a(h) of such title is amended—
(A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and
(B) by inserting after paragraph (1) the following new paragraph:
“(2) The term ‘antenna structure project’—
“(A) means a project to construct a structure located within two nautical miles of any intercontinental ballistic missile launch facility or control center that is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and
“(B) does not include any project in support of or required by an intercontinental ballistic missile launch facility or control center.”.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2024, as follows:
(1) The Army, 452,000.
(2) The Navy, 342,000.
(3) The Marine Corps, 172,300.
(4) The Air Force, 320,000.
(5) The Space Force, 9,400.
Section 115 of title 10, United States Code, is amended—
(1) in subsection (f)(2), by striking “not more than 2 percent” and inserting “not more than 3 percent”; and
(2) in subsection (g)(1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:
“(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength;
“(B) vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and
“(C) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength.”.
Section 403(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking “December 31, 2023” and inserting “October 1, 2025”.
(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2024, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 174,800.
(3) The Navy Reserve, 57,200.
(4) The Marine Corps Reserve, 33,600.
(5) The Air National Guard of the United States, 105,000.
(6) The Air Force Reserve, 69,600.
(7) The Coast Guard Reserve, 7,000.
(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c) End strength increases.—Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2024, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,327.
(4) The Marine Corps Reserve, 2,355.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
(a) In general.—The minimum number of military technicians (dual status) as of the last day of fiscal year 2024 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 7,990.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on number of temporary military technicians (dual status).—The number of temporary military technicians (dual status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection.
(c) Limitation.—Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.
During fiscal year 2024, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2024.
(a) Repeal of obsolete authority; redesignation.—Chapter 32 of title 10, United States Code, is amended—
(1) by repealing section 526;
(2) by redesignating section 526a as section 526;
(3) in the table of sections for such chapter, by striking the item relating to section 526a; and
(4) in the section heading for section 526, as redesignated by paragraph (2), by striking “after December 31, 2022”.
(b) Increased authorized strength.—Section 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended—
(A) by striking “after December 31, 2022,”;
(B) in paragraph (1), by striking “218” and inserting “219”;
(C) in paragraph (2), by striking “149” and inserting “150”;
(D) in paragraph (3), by striking “170” and inserting “171”; and
(E) in paragraph (4), by striking “62” and inserting “64”; and
(2) by redesignating the second subsection designated as subsection (i) as subsection (j).
(c) Repeal of exclusion of officers serving as lead special trial counsel from limitations on authorized strengths.—Section 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed.
(a) Officers on active-duty list.—
Section 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows:
“(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.”.
(b) Officers on reserve active-status list.—
Section 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows:
“(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.”.
Section 523(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(10) Officers who are licensed behavioral health providers, including clinical psychologists, social workers, and mental health nurse practitioners.”.
(a) Warrant officers transferred between components within the same or a different uniformed service.—Section 578 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title.”.
(b) Officers transferred to reserve active status list.—
(1) IN GENERAL.—Section 624 of such title is amended by adding at the end the following new subsections:
“(e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.
“(f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.”.
(2) DATE OF RANK.—Section 14308(c) of such title is amended—
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new paragraph:
“(3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title.”.
(a) Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy.—
(1) IN GENERAL.—Section 632 of title 10, United States Code, is amended—
(A) in the section heading, by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”;
(B) in subsection (a)(1), by striking “President approves the report of the board which considered him for the second time” and inserting “Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 36 of title 10, United States Code, is amended by striking the item relating to section 632 and inserting the following new item:
“632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy.”.
(b) Retirement of regular officers of the Navy for length of service or failure of selection for promotion.—Section 8372(a)(2)(A) of title 10, United States Code, is amended by striking “President approves the report of the board which considered him for the second time” and inserting “Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public”.
(a) In general.—Section 688a of title 10, United States Code, is amended—
(1) in the section heading, by striking “Retired aviators: temporary authority” and inserting “Authority”;
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(4) in subsection (f), as redesignated by paragraph (3), by striking “limitations in subsections (c) and (f)” and inserting “limitation in subsection (c)”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 39 of title 10, United States Code, is amended by striking the item relating to section 688a and inserting the following new item:
“688a. Authority to order to active duty in high-demand, low-density assignments.”.
(a) Required service.—Section 651(c) of title 10, United States Code, is amended—
(1) in paragraph (1), by inserting “or in the case of an unrestricted officer designated within a cyberspace occupational specialty” before the period at the end; and
(A) in subparagraph (A), by striking “; or” and inserting a semicolon;
(B) in subparagraph (B), by striking the period and inserting “; or”; and
(C) by adding at the end the following new subparagraph:
“(C) in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement.”.
(b) Minimum service requirement for certain cyberspace occupational specialties.—
(1) IN GENERAL.—Chapter 37 of title 10, United States Code, is amended by inserting after section 653 the new following section:
“§ 654. Minimum service requirement for certain cyberspace occupational specialties
“(a) Cyberspace operations officer.—The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years.
“(b) Service obligation defined.—In this section, the term ‘service obligation’ means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.”.
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of such chapter 37 is amended by inserting after the item relating to section 653 the following new item:
“654. Minimum service requirement for certain cyberspace occupational specialties.”.
Section 10305 of title 10, United States Code, is amended―
(1) in subsection (b), by striking “not on active duty” both places it appears; and
(A) by inserting “of the reserve components” after “among the members”; and
(B) by striking “not on active duty”.
Subsection (b) of section 503 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1680) is amended by striking “shall terminate on December 31, 2022” and inserting “shall terminate on December 31, 2024”.
Section 605(g)(4)(B) of title 10, United States Code, is amended by striking “325” and inserting “425”.
Section 616 of title 10, United States Code, is amended—
(A) by striking “The number” and inserting “(1) Except as provided in paragraph (2), the number”; and
(B) by adding at the end the following new paragraph:
“(2) If a promotion zone established under section 623 of this title includes less than 50 officers and is established with respect to promotions to a grade below the grade of colonel or Navy captain, the Secretary concerned may authorize selection boards convened under section 611(a) of this title to recommend for promotion a number equal to not more than 100 percent of the number of officers included in such promotion zone.”; and
(2) in subsection (e), by striking “unless he” and inserting “unless the officer”.
Section 1305 of title 10, United States Code, is amended—
(1) in subsection (a)(3), by inserting “or a Marine Corps Marine Gunner warrant officer in such grade,” after “chief warrant officer, W–5,”;
(2) in subsection (b), by striking “when he” and inserting “when the warrant officer”; and
(A) by striking “as he” and inserting “as the Secretary concerned”; and
(B) by striking “after he” and inserting “after the warrant officer”.
(a) In general.—Chapter 35 of title 10, United States Code, is amended by inserting after section 601 the following new section:
“§ 602. Flexibility in determining terms of appointment for certain senior officer positions
“The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 35 of title 10, United States Code, is amended by inserting after the item relating to section 601 the following new item:
“602. Flexibility in determining terms of appointment for certain senior officer positions.”.
(a) In general.—Part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter:
“Sec.
“15101. Officers in designated competitive categories.
“15102. Selection for promotion.
“15103. Eligibility for consideration for promotion.
“15104. Opportunities for consideration for promotion.
“15105. Promotions.
“15106. Failure of selection for promotion.
“15107. Retirement: retirement for years of service; selective early retirement.
“15108. Continuation on the Reserve Active-Status List.
“15109. Other administrative authorities.
“15110. Regulations.
“(a) Authority to designate competitive categories of officers.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter.
“(b) Limitation on exercise of authority.—The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
“(1) A detailed description of officer requirements for officers within the competitive category.
“(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
“(3) An estimate of the size of the promotion zone for each grade within the competitive category.
“(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.
“(a) In general.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title.
“(b) No recommendation for promotion of officers below promotion zone.—Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a).
“(c) Recommendation for officers to be excluded from future consideration for promotion.—In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.
“(a) In general.—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.
“(b) Inapplicability of certain time-in-grade requirements.—Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).
“(c) Inapplicability to officers above and below promotion zone.—The following provisions of this title shall not apply to the promotion of officers described in subsection (a):
“(1) The reference in section 14301(b) to an officer above the promotion zone.
“(2) Section 14301(d).
“(d) Ineligibility of certain officers.—The following officers are not eligible for promotion under this chapter:
“(1) An officer described in section 14301(c) of this title.
“(2) An officer not included within the promotion zone.
“(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title.
“(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.
“(a) Specification of number of opportunities for consideration for promotion.—In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
“(b) Limited authority of secretary of military department to modify number of opportunities.—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.
“(c) Discretionary authority of Secretary of defense to modify number of opportunities.—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
“(d) Limitation on number of opportunities specified.—The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
“(e) Effect of certain reduction in number of opportunities specified.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
“Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.
“(a) In general.—Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.
“(b) Inapplicability of failure of selection for promotion to officers above promotion zone.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(c) Special selection board matters.—The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(d) Effect of failure of selection.—In the administration of this chapter pursuant to subsection (a)—
“(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and
“(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.
“(a) Retirement for years of service.—Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.
“(b) Selective early retirement.—Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a).
“Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.
“(a) In general.—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter:
“(1) Section 14518, relating to continuation of officers to complete disciplinary action.
“(2) Section 14519, relating to deferment of retirement or separation for medical reasons.
“(3) Section 14704, relating to the selective early removal from the reserve active-status list.
“(4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.
“The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.”.
(b) Table of chapters amendment.—The table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item:
- “1413. Alternative promotion authority for officers in designated competitive categories 15101”.
Section 12304 of title 10, United States Code, is amended—
(1) in subsection (a), by striking “for any named operational mission”;
(2) by redesignating subsections (c) through (j) as subsections (d) through (k), respectively;
(3) by inserting after subsection (b) the following new subsection:
“(c) Significant cyber incidents.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating determines it is necessary to augment the active forces for the respective responses from the Department of Defense or the Department of Homeland Security to a covered incident.”;
(4) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting “or subsection (c)” after “subsection (b)”;
(5) in subsection (h) (as so redesignated)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B) by striking “Whenever any” and inserting “(1) Whenever any”; and
(C) by adding at the end the following new paragraph:
“(2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by—
“(A) order of the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating; or
“(B) law.”; and
(6) in subsection (k) (as so redesignated)—
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
“(2) The term ‘covered incident’ means—
“(A) a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;
“(B) a cyber incident involving a Department of Homeland Security information system or a breach of a Department of Homeland Security system that involves personally identifiable information that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States;
“(C) a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or
“(D) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).”.
Section 12304b(b)(1) of title 10, United States Code, is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(2) by striking “Units” and inserting “(A) Except as provided under subparagraph (B), units”; and
(3) by adding at the end the following new subparagraph:
“(B) In the event the President's budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.”.
Section 164(e)(4) of title 10, United States Code, is amended—
(1) by inserting “(A)” before “At least one deputy commander”; and
(2) by adding at the end the following new subparagraphs:
“(B) In carrying out the requirement in subparagraph (A) pertaining to the selection of an officer of the reserve component, the Secretary of Defense shall alternate between selecting an officer of the National Guard and an officer of the Reserves no less frequently than every two terms.
“(C) The Secretary of Defense may waive the requirement under subparagraph (B) regarding the alternating selection of reserve component officers if the Secretary of Defense determines that such action is in the national interest.”.
Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(c) Grade and Exclusion From General and Flag Officer Authorized Strength.— (1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.
“(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526a of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”.
Section 520(a) of title 10, United States Code, is amended—
(1) by striking “The number of persons” and inserting “(1) The number of persons”;
(2) by striking “may not exceed 20 percent” and inserting “may not exceed 4 percent”; and
(3) by adding at the end the following new paragraph:
“(2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority.”.
Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Non-medical counseling services.— (1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program.
“(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.
“(3) A non-medical mental health professional described in this subsection is a person who is—
“(A) a currently licensed mental health care provider who holds a license that is—
“(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and
“(ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services;
“(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and
“(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).
“(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection.
“(5) In this subsection, the term ‘non-medical counseling services’ means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.”.
(a) In general.—Chapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section:
“§ 675. Primacy of needs of the service in determining individual duty assignments
“(a) In general.—The Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services.
“(b) Assignments based on service needs.—A servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments.
“(c) Rule of construction.—Nothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item:
“675. Primacy of needs of the service in determining individual duty assignments.”.
The Secretary of Defense shall ensure that all promotions, assignments, and other personnel actions of the Armed Forces are based primarily on qualifications, performance, and merit.
(a) Findings.—Congress makes the following findings:
(1) The United States Armed Forces is the greatest civil rights program in the history of the world.
(2) Former Chairman of the Joint Chiefs General Colin Powell wrote that “the military [has] given African-Americans more equal opportunity than any other institution in American society”.
(3) Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country.
(4) Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans.
(5) The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years.
(b) Definition of equity.—For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term “equity” is defined as “the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified”.
(1) DIRECTIVES.—The Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior.
(2) TRAINING AND INSTRUCTION.—No organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in paragraph (1).
(3) DISTINCTIONS AND CLASSIFICATIONS.—
(A) IN GENERAL.—No organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin.
(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense.
(d) Merit requirement.—All Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.
(a) Establishment of tiger team.—
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a “tiger team” and referred to in this section as the “Tiger Team”) responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1552 note) for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section.
(2) TIGER TEAM LEADER.—One of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the “Tiger Team Leader”) and who shall be accountable for the activities of the Tiger Team under this section.
(3) REPORT ON COMPOSITION.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader.
(1) IN GENERAL.—The Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards.
(2) COLLABORATION.—In conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include representatives of veterans service organizations and such other stakeholders as the Tiger Team Leader considers appropriate.
(3) INITIAL REPORT.—Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization.
(ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through—
(I) obtaining contact information on such individuals; and
(II) contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations.
(B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders.
(C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A).
(D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities.
(A) IN GENERAL.—The Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph.
(B) UPDATES.—Not less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph.
(5) FINAL REPORT.—Not later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following:
(A) The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell.
(B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act.
(C) The number of individuals contacted through outreach conducted pursuant to this section.
(D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020.
(E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge.
(F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge.
(6) TERMINATION.—On the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team.
(1) REVIEW.—The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020.
(2) REPORTS.—Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions.
(d) Don't ask, don't tell defined.—In this section, the term “Don’t Ask, Don’t Tell” means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111–321).
(a) In general.—The Secretary concerned may not appoint to, or otherwise employ in, any position with sole duties as described in subsection (b) a military or civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS–10, not adjusted for locality.
(b) Covered duties.—The duties referred to in subsection (a) are as follows:
(1) Developing, refining, and implementing diversity, equity, and inclusion policy.
(2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes.
(3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel.
(c) Applicability to current employees.—Any military or civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.
(a) Appointment to staggered terms.—Subsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph:
“(4) ESTABLISHMENT OF STAGGERED TERMS.—Notwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows:
“(A) Three members designated by the Secretary of Defense shall serve a term of two years.
“(B) Three members designated by the Secretary of Defense shall serve a term of four years.
“(C) Three members designated by the Secretary of Defense shall serve a term of six years.
“(D) Four members designated by the Secretary of Defense shall serve a term of eight years.”.
(b) Term; vacancies.—Subsection (e) of such section is amended to read as follows:
“(1) TERM.—Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term.
“(2) VACANCY.—Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor.
“(3) AVAILABILITY OF REAPPOINTMENT FOR CERTAIN MEMBERS.—Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if—
“(A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or
“(B) the member was initially appointed to—
“(i) a term of four years or less in accordance with subsection (b)(4); or
“(ii) fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less.”.
(a) Technical amendment relating to guilty pleas for murder.—Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended—
(1) by striking “he” both places it appears and inserting “such person”; and
(2) in the matter following paragraph (4), by striking the period and inserting “, unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a).”.
(b) Technical amendments relating to the military justice reforms in the National Defense Authorization Act for Fiscal Year 2022.—
(1) ARTICLE 16.—Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking “by the convening authority”.
(2) ARTICLE 25.—Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended—
(i) in paragraph (1), by striking “may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members” and inserting “shall be sentenced by the military judge”; and
(ii) by amending paragraph (2) to read as follows:
“(2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).”;
(i) in paragraph (1), by striking “him” and inserting “the member being tried”; and
(I) in the first sentence, by striking “his opinion” and inserting “the opinion of the convening authority”; and
(II) in the second sentence, by striking “he” and inserting “the member”; and
(i) by striking “his authority” and inserting “the authority of the convening authority”; and
(ii) by striking “his staff judge advocate or legal officer” and inserting “the staff judge advocate or legal officer of the convening authority”.
(c) Authority of special trial counsel with respect to certain offenses occurring before effective date of military justice reforms enacted in the National Defense Authorization Act for Fiscal Year 2022.—
(1) AUTHORITY.—Section 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is amended by adding at the end the following new subsection:
“(d) Special trial counsel authority over certain other offenses.—
“(1) OFFENSES OCCURRING BEFORE EFFECTIVE DATE.—A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
“(A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
“(B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.
“(C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
“(D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).
“(E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).
“(F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).
“(2) EFFECT OF EXERCISE OF AUTHORITY.—
“(A) TREATMENT AS COVERED OFFENSE.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter.
“(B) KNOWN OR RELATED OFFENSES.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.”.
(2) CONFORMING AMENDMENT TO EFFECTIVE DATE.—Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 801 note; Public Law 117–81) is amended by striking “and shall” and inserting “and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall”.
(d) Clarification of applicability of domestic violence and stalking to dating partners.—
(1) ARTICLE 128B; DOMESTIC VIOLENCE.—Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended—
(A) in the matter preceding paragraph (1), by striking “Any person” and inserting “(a) In general.—Any person”;
(B) in subsection (a), as designated by paragraph (1) of this section, by inserting “a dating partner,” after “an intimate partner,” each place it appears; and
(C) by adding at the end the following new subsection:
“(b) Definitions.—In this section (article), the terms ‘dating partner’, ‘immediate family’, and ‘intimate partner’ have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice).”.
(2) ARTICLE 130; STALKING.—Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended—
(A) in subsection (a), by striking “or to his or her intimate partner” each place it appears and inserting “to his or her intimate partner, or to his or her dating partner”; and
(i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and
(ii) by inserting after paragraph (2) the following new paragraph:
“(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of—
“(A) the length of the relationship;
“(B) the type of relationship;
“(C) the frequency of interaction between the persons involved in the relationship; and
“(D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.”.
(e) Effective date.—The amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).
In order to effectively carry out the initiative under section 550D of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1561 note prec.), the Secretary of Defense shall carry out the following actions:
(1) Not later than 90 days after the date of the enactment of this Act, and annually thereafter, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on the progress of the initiative carried out under such section, outlining specific actions taken and planned to detect, combat, and stop the use of the Department of Defense network to further online child sexual exploitation (CSE).
(2) Develop partnerships and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate and prosecute individuals engaged in online CSE.
(3) Establish mandatory training for Department of Defense criminal investigative organizations and personnel at military installations to maintain capacity and address turnover and relocation issues.
(a) Requirement.—If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned.
(b) Purpose.—The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits.
(c) Criteria.—Each course established under this section shall comply with the following requirements:
(1) ENROLLMENT.—All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is at or above the twentieth percentile and below the thirty-first percentile must be enrolled in the course prior to attending initial basic training.
(2) GRADUATION REQUIREMENT.—Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score that exceeds the thirty-first percentile of the Armed Forces Qualification Test.
(3) EFFECT OF COURSE FAILURE.—Any enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned.
Section 2603(b) of title 10, United States Code, is amended by striking “at least three times the length of the period of the education or training.” and inserting “determined by the Secretary concerned. Notwithstanding sections 2004(c), 2004a(f), and 2004b(e) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned.”.
(a) Legislative proposal.—Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements:
(1) A legislative proposal that would—
(A) update and clarify the legislative framework related to the ability of military service academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and
(B) retain the existing requirement that all military service academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete.
(2) A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1).
(b) Report required.—Not later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information:
(1) The name, military service, and sport of each military service graduate released or deferred from active service in order to participate in professional sports.
(2) A description of the sports career progress of each participant, such as drafted, signed, released, or returned to military service.
(3) A summary by participant of marketing strategy and recruiting related activities conducted.
(4) A description by participant of the assessments conducted by the military services to determine the recruiting value associated with approved releases from active duty.
(5) The current status of each participant, including, as appropriate, affiliated franchise.
(1) IN GENERAL.—Not later than August 1, 2025, the Secretary concerned shall establish within each military department an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and preparing selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force.
(2) LOCATION.—Demonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code.
(b) Eligibility for membership.—To be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located.
(c) Instructors.—The Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code.
(d) Financial assistance.—The Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment.
(e) Curriculum.—The Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following:
(1) An introduction to the benefits of military service.
(2) Military history.
(3) Military customs and courtesies.
(4) Physical fitness requirements.
(5) Instruction on ethical behavior and decisionmaking.
(f) Reporting requirement.—Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section.
(g) Sunset.—The requirements of this provision shall sunset on September 30, 2030.
Section 529 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2001 note prec.) is amended—
(1) in subsection (a), by striking “may carry out a program” and inserting “shall carry out a program”;
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following new subsection:
“(e) Contract authority.—The Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a).”; and
(4) in subsection (f), as redesignated by paragraph (2)—
(A) by striking “one year after the date of the establishment of the program authorized by subsection (a)” and inserting “180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024”;
(B) by striking “report on the program” and inserting “report on the Language Training Center program”;
(C) by redesignating paragraph (4) as paragraph (5);
(D) by inserting after paragraph (3) the following new paragraph:
“(4) An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027.”; and
(E) in paragraph (5), as redesignated by subparagraph (C), by striking “A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program” and inserting “Recommendations as to any modifications to the Language Training Center program”.
(a) Limitation.—None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Army to relocate an Army CID special agent training course may be obligated or expended until—
(1) the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a separate report on any plans of the Secretary to relocate an Army CID special agent training course, including an explanation of the business case for any transfer of training personnel proposed as part of such plan; and
(2) the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1).
(b) Definitions.—In this section:
(1) The term “relocate”, when used with respect to an Army CID special agent training course, means the transfer of such course to a location different than the location used for such course as of the date of the enactment of this Act.
(2) The term “Army CID special agent training course” means a training course provided to members of the Army to prepare such members for service as special agents in the Army Criminal Investigation Division.
(a) In general.—The physical fitness test of record for the United States Army in compliance with Department of Defense Instruction 1308.03, or any successor regulation, is the Army Physical Fitness Test according to the grading and evaluation scale as it existed on January 1, 2020. This test shall be the baseline test of physical fitness for members of the Army and administered at least annually, except when operational requirements or contingency operations would make such test administration impracticable.
(b) Updates and modifications.—Notwithstanding subsection (a), the Army may update, replace, or modify the events and scoring standards in the Army Physical Fitness Test as the needs of the Army require after a robust pilot and testing period of at least 24 months. Such modifications shall not take effect until the date that is one year after the Secretary of the Army has provided a briefing on the planned changes to the Committees on Armed Services of the Senate and the House of Representatives.
(c) Rule of construction.—Nothing in this section prohibits the Army from using the Army Combat Fitness Test, or any other physical assessment the Army may develop, as a supplemental tool to assess physical fitness for all or parts of the force. Army Commanders may also require higher standards than the Army-wide grading scale for promotions, awards, schools and similar actions. Such supplemental assessment shall not constitute the baseline physical fitness assessment of record for the Army unless it is incorporated into the Army Physical Fitness Test using the procedure described in subsection (b).
Section 570F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1142 note) is amended—
(A) by striking “out the form to indicate an email address” and inserting the following: “out the form to indicate—
“(1) an email address; and”; and
(B) by adding at the end the following new paragraph:
“(2) if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a).”; and
(2) by amending subsection (d) to read as follows:
“(d) Opt-out of information sharing.—Information on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal.”.
(1) IN GENERAL.—Not later than January 1, 2025, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the “Program”).
(2) ORGANIZATION.—The Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program.
(b) Objective.—The objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.
(1) IN GENERAL.—Under the Program, the Secretary of Defense shall—
(A) identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program;
(B) coordinate with partner countries to evaluate interest in and promote awareness of the Program;
(C) establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and
(D) to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that—
(i) have specialized academic programs in areas of study of interest to participating countries; or
(ii) have high participation from or significant diaspora populations from participating countries.
(1) IN GENERAL.—Not later than September 30, 2024, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy for the implementation of the Program.
(2) ELEMENTS.—The strategy required by paragraph (1) shall include the following elements:
(A) A governance structure for the Program, including—
(i) the officials tasked to oversee the Program;
(ii) the format of the governing body of the Program;
(iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and
(iv) mechanisms for coordinating with partner countries whose students are selected to participate in the Program.
(B) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program.
(C) A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners.
(D) A description of opportunities and potential timelines for future Program expansion, as appropriate.
(E) A description of the mechanism for tracking the alumni network of participants of the Program.
(F) Any other information the Secretary of Defense considers appropriate.
(1) IN GENERAL.—Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the Program.
(2) ELEMENTS.—Each report required by paragraph (1) shall include the following elements:
(A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year.
(B) An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program.
(C) A description of opportunities and potential timelines for future Program expansion, as appropriate.
(D) Any other information the Secretary of Defense considers appropriate.
(f) Limitation on authority.—The Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program.
(g) Termination.—The Program shall terminate on December 31, 2029.
The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the their application processes.
Section 1154 of title 10, United States Code, is amended—
(i) in subparagraph (A)(ii), by striking “; or” and inserting s semicolon;
(ii) in subparagraph (B), by striking the period at the end and inserting “; or”; and
(iii) by adding at the end the following new subparagraph:
“(C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”; and
(i) in subparagraph (B), by striking “; or” and inserting s semicolon;
(ii) in subparagraph (C), by striking the period at the end and inserting “; or”; and
(iii) by adding at the end the following new subparagraph:
“(D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”;
(2) in subsection (d)(4)(A)(ii), by inserting “or Job Corps centers” after “secondary schools”; and
(3) in subsection (e)(2)(E), by inserting “or Job Corps center” after “secondary school”.
(a) In general.—The Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees.
(b) Compensation.—If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage in keeping with market conditions.
(1) IN GENERAL.—If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than five military installations for purposes of carrying out the pilot program.
(2) CONSIDERATIONS.—In selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs—
(A) with a shortage of qualified employees; or
(B) subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity.
(d) Regulations.—The Secretary may prescribe such regulations as are necessary to carry out this section.
(e) Duration of pilot program.—If the Secretary implements the pilot program authorized by subsection (a), the pilot program shall—
(1) commence on the date on which the Secretary prescribes regulations under subsection (d); and
(2) terminate on the date that is 3 years after the date described in paragraph (1).
(1) INITIAL BRIEFING.—If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on—
(A) the military installations selected under subsection (c) for purposes of carrying out the pilot program; and
(B) the data that informed those selections.
(2) FINAL BRIEFING.—If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including—
(A) data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and
(B) any recommendations with respect to increases in compensation for employees of child development programs across the Department of Defense as a result of the pilot program.
(g) Child development program defined.—In this section, the term “child development program” means a program to provide child care services for children, between birth through 12 years of age, of members of the Armed Forces and civilian employees of the Department of Defense.
(a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized to be appropriated for fiscal year 2024 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In this subsection, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact aid for children with severe disabilities.—
(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL AMOUNT.—Of the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
(3) REPORT.—Not later than March 31, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.
(a) In general.—Section 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (20 U.S.C. 7703d) is amended—
(A) by striking “year, the local educational agency” and all that follows through “(as determined” and inserting “year, the local educational agency had (as determined”;
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and
(D) in paragraph (2), as redesignated by subparagraph (C), by striking “; or” and inserting a period;
(A) by striking “The Secretary of Defense” and inserting the following:
“(1) IN GENERAL.—The Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation,”; and
(B) by adding at the end the following:
“(2) METHOD OF DISBURSEMENT.—The Director shall make disbursements under paragraph (1) using existing authorities of the Office.”;
(3) by striking subsection (h); and
(4) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.
(b) Briefing required.—Not later than March 1, 2024, the Director of the Office of Local Defense Community Cooperation shall brief the Committees of the Armed Services of the Senate and the House of Representatives on—
(1) any additional authorities that would be helpful to the Office in its efforts to better support local educational agencies; and
(2) any actions taken to implement the recommendations outlined in the March 2008 report entitled “Update to the Report on Assistance to Local Educational Agencies for Defense Dependents Education” and required by section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2227) (as in effect on the date of the enactment of that Act).
Section 1784a of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) Doula certifications.—In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) in obtaining a doula certification 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).”.
Section 2031 of title 10, United States Code, is amended—
(A) by striking “The President shall promulgate” and inserting “The Secretary of Defense shall promulgate”; and
(B) by striking “maintained, and shall provide” and all that follows through the period at the end and inserting “maintained.”; and
(2) by adding at the end the following new subsection:
“(g) (1) The Secretary of Defense shall establish and support not less than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps.
“(2) The requirement under paragraph (1) shall not apply—
“(A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and
“(B) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.”.
Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(i) (1) The Secretary of Defense may suspend or place on probation a Junior Reserve Officers’ Training Corps unit that fails to comply with provisions of the standardized memorandum of understanding required pursuant to subsection (b).
“(2) Not later than one year after the date of the enactment of this subsection, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report including information on units suspended or placed on probation pursuant to this subsection and a justification for the reinstatement of any such unit.
“(3) A unit may be placed on probation for a period of up to three years for failing to comply with the provisions of the standardized memorandum of understanding or any other requirement in this section. A unit may be suspended 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.”.
Section 2031(b) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E);
(2) by inserting “(1)” after “(b)”;
(3) in subparagraph (A), as redesignated by paragraph (1)—
(A) by striking “(A)” and inserting “(i)”; and
(B) by striking “(B)” and inserting “(ii)”;
(4) by amending subparagraph (E), as so redesignated, to read as follows: “the unit meets such other requirements as the Secretary of the military department concerned proscribes in the memorandum of understanding required under this subsection.”; and
(5) by adding at the end the following new paragraph:
“(2) The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters:
“(A) A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations;
“(B) Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned.
“(C) Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years.
“(D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate.
“(E) A requirement that each institution certifies it—
“(i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the institution;
“(ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution;
“(iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment;
“(iv) agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually;
“(v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and
“(vi) agrees to provide the data necessary to compile the report required under subsection (j).”.
Section 2031 of title 10, United States Code, is amended—
(1) by amending subsection (d) to read as follows:
“(d) (1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program—
“(A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment;
“(B) officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or
“(C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment.
“(2) Employment under this subsection shall be subject to the following conditions:
“(A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale (JSIPS) amount paid to the member by the institution for any period.
“(B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)—
“(i) the institution is in an educationally and economically deprived area; and
“(ii) the Secretary determines that such action is in the national interest.
“(C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose.
“(D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR).”;
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.
Section 2031 of title 10, United States Code, as amended by section 572 of this Act, is further amended by adding at the end the following new subsection:
“(j) (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 JROTC programs during the preceding year.
“(2) Each report required under paragraph (1) shall set forth the following:
“(A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated JROTC programs, including—
“(i) the number of such reported allegations that were investigated;
“(ii) the outcome of those investigations; and
“(iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.
“(B) The number of reports that the Department of Defense or military services have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in the JROTC program, including—
“(i) the offense involved;
“(ii) the military service involved;
“(iii) the number of instructors and number of allegations they each 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 instructors from JROTC programs; and
“(vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred.
“(C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in JROTC programs during the preceding year.
“(3) Each report required under paragraph (1) shall be submitted in unclassified form and may not be marked as controlled unclassified information.
“(4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance.
“(5) The Secretary may seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.
“(6) No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.”.
(a) In general.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program.
(b) Elements.—The report required under subsection (a) shall include a description of the following:
(1) The implementation of section 2031 of title 10, United States Code, as amended by sections 572, 573, and 575 of this Act.
(2) The adequacy of the Department of Defense’s vetting process for Junior Reserve Officers’ Training Corps instructors.
(3) The Department of Defense and the Department of Education’s oversight of compliance of units with respect to title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) Any changes in the numbers of sexual harassment, assault, or stalking incidents reported to institutions or law enforcement agencies.
(5) The sufficiency of military department unit inspections.
(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees”means the Committee on Armed Services of the Senate and the House of Representatives.
Section 584(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 7271 note) is amended by striking “six years after the date of the enactment of this Act” and inserting “December 31, 2028”.
(a) In general.—Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:
“(a) In general.—Except as provided by subsection (b), a covered individual may not occupy a covered post-service position.
“(1) IN GENERAL.—The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if—
“(A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and
“(B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States.
“(2) PERIOD OF WAIVER.—A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver.
“(3) REVOCATION.—The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security.
“(A) IN GENERAL.—Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be.
“(B) ELEMENTS.—A notification required by subparagraph (A) shall include the following:
“(i) With respect to a waiver issued to a covered individual—
“(I) the details of the application, including the position held by the individual in the armed forces;
“(II) the nature of the post-service position of the individual;
“(III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and
“(IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests.
“(ii) With respect to a revocation of a waiver issued to a covered individual—
“(I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and
“(II) the specific reasons why the Secretary determined that the revocation is warranted.
“(c) Certification of prohibition.—In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces—
“(1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and
“(2) is required to certify that the member understands the prohibition and those penalties.
“(d) Penalties.—In the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable—
“(1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and
“(2) revoke any security clearance of the individual.
“(1) REQUIREMENT.—Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report.
“(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:
“(A) The number of former covered individuals who occupy a covered post-service position, broken down by—
“(i) the name of the employer;
“(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and
“(iii) the nature of the services provided as part of the covered post-service employment.
“(B) An assessment by the Secretary of whether—
“(i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments;
“(ii) all covered individuals who occupy a covered post-service position are in compliance with this section;
“(iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and
“(iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law.
“(3) FORM OF REPORT.—Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(f) Notifications of determinations of certain threats.—
“(1) REQUIREMENT.—In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination.
“(2) ELEMENTS.—A notification required by paragraph (1) shall include the following:
“(A) The name of the covered individual.
“(B) The name of the employer.
“(C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.
“(D) As applicable, a description of the risk to national security and the activities that may violate Federal law.
“(g) Rule of construction.—Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18.
“(h) Definitions.—In this section:
“(1) COVERED INDIVIDUAL.—The term ‘covered individual’ means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces.
“(2) COVERED POST-SERVICE EMPLOYMENT.—The term ‘covered post-service employment’ means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to—
“(i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or
“(ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or
“(B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A).
“(3) COVERED POST-SERVICE POSITION.—The term ‘covered post-service position’ means a position of employment described in paragraph (2).”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item:
(c) Conforming amendment.—Section 908 of title 37, United States Code, is amended by adding at the end the following new subsection:
“(f) Prohibition on former members of armed forces accepting employment with certain foreign governments.—For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10.”.
The Department of Defense is prohibited from requiring members of the Armed Forces or civilian employees of the Department of Defense to list their gender or pronouns in official correspondence, whether such correspondence is written or electronic.
This subtitle may be cited as the “Military Service Promotion Act of 2023”.
Section 503(c) of title 10, United States Code, is amended—
(i) in clause (i), by striking “; and” and inserting a semicolon;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new clause:
“(ii) shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and”; and
(iv) in clause (iii), as redesignated by subparagraph (B), by inserting “, not later than 60 days after receiving such request,” after “provide”; and
(B) in subparagraph (B), by striking “subparagraph (A)(ii)” and inserting “subparagraph (A)(iii)”;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new paragraph:
“(6) The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3).”.
Section 983(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “; or” and inserting a semicolon;
(A) by striking “to the following information pertaining” and inserting “, with respect”;
(B) by striking “institution):” and inserting “institution)—”;
(i) by striking “Names” and inserting “names”; and
(ii) by striking “telephone listings.” and inserting “telephone listings, which information shall be made available not later than the 60th day following the date of a request; and”; and
(D) in subparagraph (B), by striking “Date” and inserting “date”.
(a) In general.—Chapter 3 of title 37, United States Code, is amended by inserting after section 206 the following new section:
“Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item:
Section 403(b)(5) of title 37, United States Code, is amended, in the second sentence, by striking “and shall be based on the following:” and all that follows through “determined in subparagraph (A)”.
Section 403(f)(2) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (D)”; and
(2) by adding at the end the following new subparagraph:
“(D) (i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period.
“(ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members.”.
Section 403(g)(3) of title 37, United States Code, is amended—
(1) by striking “Paragraphs” and inserting “(A) Except as provided by subparagraph (B), paragraphs”; and
(2) by adding at the end the following new subparagraph:
“(B) Paragraphs (1) and (2) shall apply with respect to a member of a reserve component without dependents who is called or ordered to active duty to attend training for a period of 140 days or more but fewer than 365 days and for whom transportation of household goods is authorized under section 453(c) of this title as part of the call or order to active duty.”.
(a) In general.—Section 402b(k)(1)(B) of title 37, United States Code, is amended by inserting “or that otherwise has a demonstrated need” after “high cost of living”.
(b) Implementation guidance.—The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a).
Section 453(g)(1) of title 37, United States Code, is amended—
(A) by striking “member is reassigned” and inserting the following: “member is—
“(i) reassigned”;
(B) by striking “; and” and inserting “; or”; and
(C) by adding at the end the following new clause:
“(ii) transferred from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; and”; and
(2) in subparagraph (B), by inserting “or transfer” after “reassignment”.
Section 403b(c) of title 37, United States Code, is amended—
(1) in the second sentence, by striking “8 percent” and inserting “5 percent”; and
(2) in the third sentence, by striking “shall prescribe” and inserting “may prescribe”.
Section 617 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) in the section heading, by striking “; notice to certain congressional committees”; and
(2) by striking subsections (a), (b), and (c) and inserting the following:
“(a) In general.—Subject to subsections (b) and (c), the Secretary of Defense may announce reductions in the cost-of-living allowance for a member of the uniformed services assigned to a duty station located outside the continental United States—
“(1) not more than two times per year; or
“(2) in connection with a permanent change of station for such member.
“(b) Limitation on size of reductions.—The Secretary may not make a reduction under subsection (a) in the allowance described in that subsection by an amount that exceeds 10 percent of the amount of the allowance before the reduction.
“(c) Treatment of reductions relating to foreign currency exchange rates.—The limitations under subsections (a) and (b) shall not apply to reductions in the allowance described in subsection (a) relating to changes in foreign currency exchange rates.
“(d) Implementation of reductions.—The Secretary may phase in the reductions described in subsection (a).
“(e) Increases.—The Secretary may increase the allowance described in subsection (a) for a member of the uniformed services at any time.”.
Section 606(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 37 U.S.C. 416 note) is amended by striking “September 30, 2023” and inserting “September 30, 2025”.
(a) In general.—The Secretary of Defense shall conduct a review of the rates of monthly basic pay authorized for members of the uniformed services to determine if the current basic pay table adequately compensates junior enlisted personnel in pay grades E–1 through E–4.
(b) Factors for review.—In conducting the review required by subsection (a), the Secretary shall conduct the following:
(1) An assessment of the adequacy of the rates of monthly basic pay for members of the uniformed services in light of current and predicted recruiting difficulties.
(2) An analysis of how such basic pay, when combined with other elements of regular compensation for members of the uniformed services, compares with private sector wages for potential recruits to the uniformed services.
(3) An assessment of how sustained periods of cost inflation affect pay for the uniformed services and comparable private sector wages.
(4) An historical analysis of how percentage differences between junior enlisted basic pay, senior enlisted basic pay, junior officer basic pay, and senior officer basic pay, have changed since the rates of basic pay for members of the uniformed services were authorized by section 601 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note).
(c) Report and legislative proposal required.—Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
(1) a report on the results of the review required by subsection (a); and
(2) a comprehensive legislative proposal for the rates of basic pay for members of the uniformed services.
(a) In general.—The Comptroller General of the United States shall conduct a study on the process for determining cost-of-living allowances for members of the uniformed services stationed in the continental United States, Hawaii, Alaska, and at overseas locations.
(b) Elements.—In conducting the study required by subsection (a), the Comptroller General shall assess—
(1) the fairness and equity of the process for determining cost-of-living allowances described in subsection (a) and methods for improving that process;
(2) the advantages and disadvantages of averaging the results of continental United States Living Pattern Surveys and Retail Price Schedules without regard to the geographic concentration of members of the uniformed services within the continental United States when determining the baseline cost of living for the continental United States;
(3) if additional out-of-pocket expenses, including the costs for a member of the uniformed services to travel to and from the home of record of the member from the assigned duty station of the member, should be included in the calculations of the Department of Defense for determining overseas cost-of-living allowances to better equalize the true costs of living for members stationed outside the continental United States with such costs for members stationed inside the continental United States; and
(4) the process by which the Department of Defense conducts Living Pattern Surveys and develops Retail Price Schedules.
(c) Report required.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—
(1) setting forth the results of the study required by subsection (a); and
(2) making any recommendations the Comptroller General considers appropriate based on those results, including any recommendations for changes to section 403b or 405 of title 37, United States Code.
(a) In general.—Section 357 of title 37, United States Code, is amended—
(1) by striking “incentive pay” and inserting “special or incentive pay”; and
(2) by striking the period at the end and inserting the following: “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of—
“(1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or
“(2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.”.
(b) Conforming and clerical amendments.—
(1) CONFORMING AMENDMENT.—The section heading for section 357 of title 37, United States Code, is amended by striking “Incentive” and inserting “Special and incentive”.
(2) CLERICAL AMENDMENT.—The table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item:
“357. Special and incentive pay authorities for members of the reserve components of the armed forces.”.
(c) Modification of implementation determination.—Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the right;
(2) by striking “The Secretary may” and inserting the following:
“(1) IN GENERAL.—The Secretary shall”;
(3) in subparagraph (A), as redesignated by paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”; and
(4) by adding at the end the following new paragraph:
“(2) EVALUATION OF TYPES OF SPECIAL AND INCENTIVE PAY.—In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay.”.
(a) Continuation pay: full TSP members with 8 to 12 years of service.—Section 356 of title 37, United States Code, is amended—
(1) in the section heading, by striking “8” and inserting “7”; and
(2) in subsections (a)(1) and (d), by striking “8” and inserting “7”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item:
“356. Continuation pay: full TSP members with 7 to 12 years of service.”.
(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2023” and inserting “December 31, 2024”.
(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2023” and inserting “December 31, 2024”:
(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2023” and inserting “December 31, 2024”.
(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2023” and inserting “December 31, 2024”:
(1) Section 331(h), relating to general bonus authority for enlisted members.
(2) Section 332(g), relating to general bonus authority for officers.
(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty pay.
(8) Section 353(i), relating to skill incentive pay or proficiency bonus.
(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
(e) Authorities to provide temporary increase in rates of basic allowance for housing.—Section 403(b) of title 37, United States Code, is amended—
(1) in paragraph (7)(E), relating to temporary increases in rates of basic allowance for areas covered by a major disaster declaration or containing an installation experiencing a sudden influx of military personnel, by striking “December 31, 2023” and inserting “December 31, 2024”; and
(2) in paragraph (8)(C), relating to temporary adjustments in rates of basic allowance for housing for localities where actual housing costs differ from current rates of basic allowance for housing by more than 20 percent, by striking “September 30, 2023” and inserting “December 31, 2024”.
The Secretary of the Air Force shall—
(1) evaluate the Remote and Austere Condition Assignment Incentive Pay program of the Army; and
(2) not later than October 1, 2025, establish a similar program for the Air Force, unless the Secretary can certify to Congress that there are no critically manned units at any Air Force installation in Alaska.
Section 603(b)(5)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2621) is amended by striking “December 31, 2023” and inserting “June 30, 2024”.
Section 908 of title 37, United States Code, is amended—
(A) by striking “A person” and inserting “(1) A person”;
(B) by inserting “after determining that such approval is not contrary to the national interests of the United States” after “approve the employment”; and
(C) by adding at the end the following new paragraph:
“(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.”; and
(i) in the matter preceding subparagraph (A), by striking “an officer” and inserting “a person”; and
(ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs:
“(B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award.
“(C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served.
“(D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.”; and
(B) by adding at the end the following new paragraph:
“(3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website.”.
Section 908(a) of title 37, United States Code, is amended—
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;
(2) by striking “Subject to” and inserting the following:
“(1) IN GENERAL.—Subject to”;
(3) in subparagraph (C), as redesignated, by striking “Commissioned Reserve Corps” and inserting “Ready Reserve Corps”; and
(4) by adding at the end the following new paragraph:
“(2) APPLICATION TO PRIVATE ENTITIES.—
“(A) IN GENERAL.—The acceptance by a person described in subparagraph (B) of employment (and compensation related to that employment) or payments or awards for work performed for a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment (and compensation related to that employment) and payments and awards described in paragraph (1).
“(B) PERSONS DESCRIBED.—A person described in this subparagraph is—
“(i) a retired member of the Army, Navy, Air Force, Marine Corps, or Space Force; or
“(ii) a member of a reserve component of an armed force specified in clause (i), except a member serving on active duty under a call or order to active duty for a period in excess of 30 days.”.
(a) In general.— Section 1076d(c) of title 10, United States Code, is amended by striking “six months” and inserting “three years”.
(b) Effective date.—The amendment made by subsection (a) shall take effect on October 1, 2025.
Section 1077(c) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
(2) by adding at the end the following new paragraph:
“(3) (A) Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that—
“(i) civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and
“(ii) adequate resources exist to provide space available dental care to the dependents at the facility.
“(B) Care under subparagraph (A) shall be provided on a reimbursable basis.”.
(a) Members of the uniformed services.—Section 1074d of title 10, United States Code, is amended—
(A) by striking “entitled to preventive” and inserting “entitled to—
“(A) preventive”;
(B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new subparagraph:
“(B) for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4).”; and
(2) by adding at the end the following new subsection:
“(c) Infertility services included for members of the uniformed services.—Services relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following:
“(1) Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 (42 U.S.C. 263a–7(1)), excluding in vitro fertilization).
“(2) The provision of artificial insemination, including intrauterine insemination, without regard to coital conception.”.
(b) Dependents.—Section 1077(a) of such title is amended by adding at the end the following new paragraph:
“(19) Services relating to infertility, including the services specified in section 1074d(c) of this title, except that the services specified in such section may be provided only to a dependent of a member of the uniformed services (excluding any dependent of a former member of the uniformed services).”.
(c) Exclusion from contracts for former members and their dependents.—Section 1086 of such title is amended—
(1) in subsection (c), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsections (d) and (j)”; and
(2) by adding at the end the following new subsection:
“(j) A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) of this title for former members of the uniformed services or dependents of former members of the uniformed services.”.
(d) Application.—The amendments made by this section shall apply to services provided on or after January 1, 2025.
(e) Rule of construction.—Nothing in this section or the amendments made by this section shall be construed provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services.
(a) Establishment of program.—
(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
“(a) In general.—The Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.
“(b) Discharge through partnerships.—The Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that—
“(1) provide health care to members of the armed forces;
“(2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;
“(3) provide health care, support, and other benefits to family members of members of the armed forces; and
“(4) provide health care under the TRICARE program.
“(c) Program activities.—Each organization, university, or institution that participates in a partnership under the program under subsection (a) shall—
“(1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;
“(2) use evidence-based and evidence-informed treatment strategies in carrying out such programs;
“(3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and
“(4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item:
(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program under section 1074p of title 10, United States Code, as added by subsection (a), which shall include a description of the program and such other matters on the program as the Secretary considers appropriate.
(2) ADDITIONAL REPORT.—Not later than two years after commencement of implementation of the program under section 1074p of title 10, United States Code, as added by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program, which shall include the following:
(A) A description of the program, including the partnerships under the program as described in subsection (b) of such section, as so added.
(B) An assessment of the effectiveness of the program and the activities under the program.
(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the program.
(1) IN GENERAL.—Section 702 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1092 note) is repealed.
(2) CLERICAL AMENDMENT.—The table of contents at the beginning of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking the item relating to section 702.
(a) TRICARE Select.—Section 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries:
“(i) Beneficiaries in the active-duty family member category.
“(ii) Beneficiaries covered by section 1110b of this title.
“(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024”..”.
(b) TRICARE Prime.—Section 1075a(a) of such title is amended by adding at the end the following new paragraph:
“(4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title).
“(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024”..”.
(a) Expansion of extramedical maternal health providers demonstration project.—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) is amended—
(1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and
(2) by inserting after subsection (d) the following new subsection (e):
“(e) Coverage of doula care.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary shall ensure that the demonstration project includes coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access—
“(1) by members of the Armed Forces on active duty;
“(2) by beneficiaries outside the continental United States; and
“(3) at military medical treatment facilities.”.
(b) Hiring of doulas.—The hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility.
It is the sense of Congress that the Secretary of Defense should take all necessary steps to ensure members of the National Guard and the members of their families who are enrolled in TRICARE have timely access to mental and behavioral health care services through the TRICARE program.
Section 2121(d) of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking “$30,000” and inserting “$50,000”.
(a) Interim final rule required.—The Secretary of Defense shall issue an interim final rule to implement as soon as possible after the date of the enactment of this Act section 1079b of title 10, United States Code.
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the interim final rule required under subsection (a) is in effect.
(2) EXCEPTION.—Paragraph (1) does not apply to—
(A) claims to third-party payers; or
(B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.
(a) Short title.—This section may be cited as the “Department of Defense Overdose Data Act of 2023”.
(b) Annual report on military overdoses.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of annual overdoses among servicemembers.
(2) CONTENTS.—The report required by paragraph (1) shall include the following:
(A) The total number of servicemembers who suffered a fatal or nonfatal overdose during the previous calendar year, including—
(i) demographic information, including gender, race, age, military department, military rank, pay grade, and station;
(ii) the location of the fatal overdose, including whether the overdose was on a military base; and
(iii) a list of the substances involved in the fatal overdose.
(B) Of the servicemembers identified in subparagraph (A)—
(i) the number of servicemembers who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider;
(ii) the number of servicemembers with comorbid mental health diagnoses;
(iii) the number of servicemembers who had been prescribed opioids, benzodiazepines, or stimulants;
(iv) the number of servicemembers who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose;
(v) the number of servicemembers who had a positive drug test prior to the fatal overdose, including any substance identified in such test;
(vi) the number of servicemembers referred to, including by self-referral, or engaged in medical treatment, including medication treatment for opioid use disorder;
(vii) with respect to each servicemember identified in clause (vi), whether the servicemember was referred after a positive drug test and the source of such referral; and
(viii) the number of fatal overdoses and intentional overdoses.
(C) An analysis of discernable patterns in fatal and nonfatal overdoses of servicemembers.
(D) A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States.
(E) An assessment of the availability of substance use disorder treatment for servicemembers.
(F) The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs.
(G) A description of punitive measures taken by the Secretary of Defense in response to substance misuse, substance use disorder, or overdose by servicemembers.
(A) IN GENERAL.—Nothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of servicemembers or military family members, including anonymized personal information that could be used to re-identify servicemembers or military family members.
(B) APPLICATION OF HIPAA.—In carrying out this subsection, the Secretary of Defense shall take steps to protect the privacy of servicemembers and military family members pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191).
(c) Standards for the use of materials to prevent overdose and substance use disorder.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall establish standards for the distribution of, and training for the use of, naloxone or other medication for overdose reversal, opioid disposal materials, fentanyl test strips, and other materials to prevent or reverse overdoses, substance use disorder, or impacts related to substance misuse.
(d) Sunset.—This section shall terminate on the date that is 5 years after the date of the enactment of this Act.
(e) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(2) MILITARY FAMILY MEMBER.—The term “military family member” means a family member of a servicemember, including the spouse, parent, dependent, or child of a servicemember, or anyone who has legal responsibility for the child of a servicemember.
(3) SERVICEMEMBER.—The term “servicemember” means—
(A) a member of the Armed Forces; or
(B) a member of the National Guard.
(a) In general.—Section 2733a of title 10, United States Code, is amended—
(1) in subsection (a), by striking “subsection (f)” and inserting “subsection (j)”;
(2) in subsection (b)(6), by striking “subsection (f)” and inserting “subsection (j)”;
(3) in subsection (d)(1), by striking “subsection (f)” and inserting “subsection (j)”;
(4) by redesignating subsections (f) through (i) as subsections (j) through (m), respectively; and
(5) by inserting after subsection (e) the following new subsections:
“(f) Expert medical opinions.— (1) The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician.
“(2) No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who—
“(A) is not a member of the uniformed services or a civilian employee of the Department of Defense; and
“(B) does not have a business, medical, or personal relationship with the claimant.
“(3) If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based.
“(g) Justification of denial.—If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including—
“(1) copies of any written reports prepared by any expert upon which the denial is based; and
“(2) all records and documents relied upon in preparing such written reports.
“(h) Appeals.— (1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense.
“(2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both.
“(3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph.
“(4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature.
“(5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense.
“(6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense.
“(i) Treatment of non-economic damages.— (1) Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs.
“(2) (A) The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section.
“(B) (i) The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia.
“(ii) If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used.
“(C) The cap established under paragraph (1) shall be recalculated not less frequently than once every three years.”.
(b) Appointment of members.—Not later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5).
(c) Report.—Not later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating—
(1) the membership of the board;
(2) the qualifying background of each member of the board; and
(3) a statement indicating the independence of each member of the board from the Department of Defense.
Section 736 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and
(2) by inserting after paragraph (6) the following new paragraph (7):
“(7) The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including—
“(A) the exchange of subject matter expertise;
“(B) training and support relating to advanced clinical skills development; and
“(C) training and support relating to clinical case management support.”.
Section 2733a of title 10, United States Code, as amended by section 714, is further amended—
(1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and
(2) by inserting after subsection (k) the following new subsection (l):
“(l) Disclosure by Department of Defense.— (1) The Secretary of Defense shall disclose to a claimant under this section a copy of all written reports, other than medical quality assurance records (as defined in section 1102(j) of this title), prepared by a medical expert of the Department of Defense or any medical expert consulted by the Department with respect to the claim.
“(2) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall include the following:
“(A) The records and documents considered by the expert.
“(B) A description of the bases and reasons for the opinion of the expert.
“(C) The opinion or opinions of the expert regarding standard of care.
“(D) The opinion or opinions of the expert regarding causation.
“(E) A description of any disagreement by the expert with any opinion or opinions of the expert of the claimant.
“(3) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall not include an identification of the expert.
“(4) If an expert described in paragraph (1) does not prepare a written report, the Secretary shall disclose the information required under this section to the claimant in writing.”.
(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study on perinatal mental health conditions among members of the Armed Forces and dependents of such members during the five-year period preceding the date of the enactment of this Act.
(2) ELEMENTS.—The study required under paragraph (1) shall include the following:
(A) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, who attempted suicide or died by suicide or substance use overdose during the perinatal period.
(B) An assessment of members of the Armed Forces discharged from active duty due to a mental health condition within two years after the perinatal period.
(C) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, diagnosed with a perinatal mental health condition who were relocated during the perinatal period.
(D) An assessment of the effects of retention and promotion policies of the Department of Defense relating to perinatal mental health conditions on members of the Armed Forces seeking and accessing screening, referral, and treatment.
(E) The number of members of the Armed Forces who were separated from the Armed Forces or did not receive a promotion due to a diagnosed perinatal mental health condition.
(F) An assessment of whether policies of the Department can be modified to provide clear standards for retention and pathways for promotion of members of the Armed Forces diagnosed with a perinatal mental health condition.
(G) An assessment of resources needed to integrate behavioral health specialists into all obstetric care practices, pediatric practices, and women’s clinics.
(H) A disaggregated demographic assessment of the population included in the study with respect to race, ethnicity, sex, age, family status (including dual service and single parent families), military occupation, military service, and rank, as applicable.
(b) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a), including—
(1) recommendations for actions to be taken by the Secretary of Defense to improve mental health among members of the Armed Forces and dependents of such members during the perinatal period;
(2) recommendations for legislative or administrative action to mitigate the effects of retention and promotion policies of the Department of Defense on members of the Armed Forces seeking and accessing mental health care during the perinatal period; and
(3) such other recommendations as the Comptroller General determines appropriate.
(c) Definitions.—In this section:
(1) DEPENDENT; TRICARE PROGRAM.—The terms “dependent” and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.
(2) PERINATAL MENTAL HEALTH CONDITION.—The term “perinatal mental health condition” means a mental health disorder that onsets during the perinatal period.
(3) PERINATAL PERIOD.—The term “perinatal period” means the period during pregnancy and the one-year period following childbirth, still birth, or miscarriage.
Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that contains the following:
(1) The current wait times for members of the Armed Forces, including members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who are enrolled in TRICARE Reserve Select under section 1076d of title 10, United States Code, to receive mental and behavioral health services, disaggregated by State.
(2) An assessment of the number of additional mental and behavioral health care providers needed for the Department of Defense to meet established metrics associated with access to mental and behavioral health services.
(3) An explanation of the credentialing standards for mental and behavioral health care providers of the Department, including a comparison of those standards to the standards for other Federal and private sector health care providers.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Department of Defense to address the mental health of pregnant and postpartum members of the Armed Forces and dependents of such members.
(b) Elements.—The report required by subsection (a) shall include the following
(1) An identification of the military medical treatment facilities at which the Secretary offers members of the Armed Forces and their dependents evidence-based programs during the perinatal period that are proven to prevent perinatal mental health conditions.
(2) An assessment of such programs offered at such facilities, including an assessment of—
(A) the types of programs;
(B) the number and location of programs;
(C) the number of members of the Armed Forces and their dependents who have participated in such programs, disaggregated by Armed Force, military occupation, sex, age, race, and ethnicity, when applicable; and
(D) whether such programs are delivered in-person or virtually and the frequency of the availability of such programs;
(3) The number of behavioral health specialists for pregnant and postpartum members of the Armed Forces and dependents integrated into obstetric care practices, pediatrics, and women’s clinics at military medical treatment facilities.
(4) An assessment of the implementation of, or plans to implement, a pilot program to provide a reproductive behavioral health consultation service by the Secretary as outlined in the White House Blueprint for Addressing the Maternal Health Crisis, dated June 2022, including—
(A) the number of providers the pilot program has served or plans to serve, disaggregated by provider type, specialty, and location;
(B) the number and type of trainings providers received or will receive through the consultation line on evidence-based practices to prevent, screen, refer, and treat perinatal mental health conditions;
(C) the locations that have had or will have access to the pilot program;
(D) the types of expertise services that the consultation line provides or will provide; and
(E) methods currently used or that will be used to promote the availability of the consultation line to providers.
(5) Any recommendations for legislative or administrative action to improve prevention, intervention, and treatment of perinatal mental health conditions for members of the Armed Forces and their dependents.
(c) Definitions.—In this section:
(1) DEPENDENT.—The term “dependent” has the meaning given that term in section 1072(2) of title 10, United States Code.
(2) PERINATAL MENTAL HEALTH CONDITION.—The term “perinatal mental health condition” means a mental health disorder that occurs during pregnancy or within one year following childbirth, stillbirth, or miscarriage.
(a) In general.—The Secretary of Defense shall conduct a study on—
(1) the number of members of the Armed Forces who elect to leave the Armed Forces for family planning reasons, disaggregated by gender, age, and military occupational specialty;
(2) whether the option of cryopreservation of gametes would lead to greater retention of members of the Armed Forces;
(3) methods for the Department of Defense to offer cryopreservation of gametes for the purposes of retention of members of the Armed Forces;
(4) the cost to the Department of offering cryopreservation of gametes to active duty members of the Armed Forces; and
(5) such other matters relating to family planning and cryopreservation of gametes for members of the Armed Forces as the Secretary considers relevant.
(b) Briefing.—Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study conducted under subsection (a).
Section 3501 of title 10, United States Code, is amended—
(A) by striking “will result in significant savings” and inserting the following: “will result in—
“(A) significant savings”; and
(B) by striking “annual contracts.” and inserting the following: “annual contracts; or
“(B) necessary industrial base stability not otherwise achievable through annual contracts.”; and
(2) by striking “$500,000,000” each place it appears and inserting “$1,000,000,000”.
(a) Modernizing the department of defense requirements process.—Not later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in cooperation with the Secretaries of the military departments and the commanders of the combatant commands, and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined Department of Defense requirements process, to include modernizing the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to delivery of needed capabilities to Department users.
(b) Reform elements.—The modernization activities conducted under subsection (a) shall include the following elements:
(1) Streamlining requirements documents, reviews, and approval processes, especially for programs below the major defense acquisition program threshold described in section 4201 of title 10, United Stated Code.
(2) Revisiting requirements management practices from a first principles perspective based on mission outcomes and assessed threats, enabling a more iterative and collaborative approach with the services to shape requirements and technology driven opportunities.
(3) Developing a capability needs and requirements framework and pathways that are aligned to the Department’s Adaptive Acquisition Framework pathways, and better aligned and integrated with the Department’s science and technology processes.
(4) Enabling the military departments to develop an enduring set of requirements according to a set of capability portfolios to provide a structure across acquisition programs and research, which shall be articulated in a concise model and document with a set of mission impact measures that capability deliveries will seek to continuously improve.
(5) Establishing a process to rapidly validate the military utility of commercial solutions to meet capability needs or opportunities in lieu of the traditional program-centric requirements definition.
(6) Retiring and replacing the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards.
(7) Ensuring that requirements processes for software, artificial intelligence, data, and related capability areas enable a rapid, dynamic, and iterative approach than traditional hardware systems.
(c) Elements.—The implementation of streamlined requirements shall include the following elements:
(1) Collaboration with industry, traditional and non-traditional defense companies, and the science and technology community to capture their inputs and feedback on shaping the Department’s requirements processes to ensure it effectively harnesses the innovation ecosystem.
(2) Development of a formal career path, training, and structure for requirements management professionals and chief architects.
(3) Publication of new policies, guidance, and templates for the operational, requirements, and acquisition workforce in online digital formats instead of large policy documents.
(d) Interim report.—Not later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees an interim report on the modernization conducted by the Secretary under subsection (a), including—
(1) a description of the modernization efforts;
(2) the Department of Defense’s plans to implement, communicate, and continuously improve the modernization of the Department’s requirements processes and structure; and
(3) any additional recommendations for legislation that the Secretary determines appropriate.
(e) Final report.—Not later than October 1, 2025, the Secretary of Defense shall submit to the Secretary of Defense and the congressional defense committees a final report describing activities carried out pursuant to subsections (b) and (c).
(a) Authority.—The Director of the Strategic Capabilities Office shall have the authority to conduct acquisition activities within the Strategic Capabilities Office.
(1) IN GENERAL.—The staff of the Director shall include an acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the Strategic Capabilities Office. The acquisition executive shall have the authority—
(A) to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services on behalf of the Office;
(B) to supervise the acquisition of equipment, capabilities, and services on behalf of the Office;
(C) to represent the Office in discussions with the military departments regarding acquisition programs for which the Office is a customer; and
(D) to work with the military departments to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Office is a customer.
(2) DELIVERY OF ACQUISITION SOLUTIONS.—The acquisition executive of the Strategic Capabilities Office shall be—
(A) responsible to the Director for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements;
(B) subordinate to the defense acquisition executive in matters of acquisition;
(C) subject to the same oversight as the service acquisition executives; and
(D) included on the distribution list for acquisition directives and instructions of the Department of Defense.
(c) Implementation plan required.—The authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following:
(1) Summaries of the components to be negotiated in the memoranda of agreement with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subsection (b)(1).
(2) Negotiation and approval timelines for memorandum of agreement.
(3) A plan for oversight of the acquisition executive established under subsection (b).
(4) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a) until 2028.
(5) Other matters as appropriate.
(d) Annual end-of-year assessment.—Each year, the Under Secretary of Defense for Acquisition and Sustainment shall review and assess the acquisition activities of the Strategic Capabilities Office, including contracting and acquisition documentation, for the previous fiscal year and provide any recommendations or feedback to the acquisition executive of the Strategic Capabilities Office.
(1) IN GENERAL.—The authority provided under this section shall terminate on September 30, 2028.
(2) LIMITATION ON DURATION OF ACQUISITIONS.—The authority under this section does not include major defense acquisition programs, major automated information system programs, or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years.
(a) In general.—As soon as practicable, the Secretary of each military department shall designate one acquisition program within their service and the Under Secretary of Defense for Acquisition and Sustainment shall designate one acquisition program within the Department of Defense Agencies and Field Activities for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system.
(b) Briefing requirement.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section.
(c) Annual report.—Upon selection of the programs to be covered by this section and until the termination of this authority, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on the effectiveness of the pilot program in acquiring the data necessary to support timely, cost-effective maintenance and sustainment of the system and any recommendations for the applicability of lessons learned from this pilot program to future acquisition programs.
(d) Definitions.—In this section:
(1) DEPARTMENT OF DEFENSE AGENCIES AND FIELD ACTIVITIES.—The terms “Department of Defense Agency” and “Department of Defense Field Activity” have the meanings given those terms in section 101 of title 10, United States Code.
(2) INNOVATIVE INTELLECTUAL PROPERTY STRATEGIES.—The term “innovative intellectual property strategies” includes the following:
(A) The use of an escrow account to verify and hold intellectual property data.
(B) The use of royalties or licenses.
(C) Other innovative strategies to acquire the necessary level of intellectual property and data rights to support the operations, maintenance, installation, and training (OMIT) of the selected program.
(e) Sunset.—The authority to initiate a program under this section shall terminate on December 31, 2028.
(a) Requirement.—The Secretary of Defense, in coordination with the service acquisition executives of each military department, shall create not less than three new commercial solutions opening (CSO) opportunities pursuant to section 3458 of title 10, United States Code, each fiscal year. Each such CSO opportunities shall be dedicated to addressing the mission needs and integrated priority lists of a single geographic combatant command.
(b) Execution.—In creating the CSO opportunities required under subsection (a), the Secretary of Defense shall—
(1) assign the responsibility for issuing a CSO to a single military department, with a program executive officer from that military department assigned as lead; and
(2) ensure that any program executive office (PEO) assignment should be made to align the needs of the CSO with a PEO that has similar existing requirements and funding for transitioning technologies within the focus area.
(c) Sunset.—The requirement in subsection (a) shall expire on September 30, 2027.
(a) In general.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of—
(1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code;
(2) establishing a requirement for non-commercial determinations to be made for acquisitions to use procedures other than part 12 of the Federal Acquisition Regulation; and
(3) mandating use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification of non-commerciality is determined.
(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including for any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a).
It is the sense of the Senate that—
(1) to implement the National Defense Strategy, the Department of Defense requires thoughtful and thorough analysis to ensure efficient and effective use of each taxpayer dollar to inform tradeoff analysis that delivers the optimum portfolio of military capabilities;
(2) the Secretary of Defense requires timely, insightful, and unbiased analysis on cost estimation for major defense acquisition programs; and
(3) the Office of the Director of Cost Assessment and Program Evaluation supports implementation of the National Defense Strategy by—
(A) providing insight into the costs of major defense acquisition programs and other technology development initiatives that enables responsible budgeting and proactive management decisions so that the Department can control cost, drive efficiency, and achieve savings;
(B) ensuring that the cost estimation workforce of the Department of Defense is using the most modern and realistic cost estimation methodologies, tools, and tradecraft, including the collection and distribution of data through the Cost Assessment Data Enterprise; and
(C) providing timely review and oversight of cost estimates performed by the defense agencies and military departments.
Section 3601(a)(1) of title 10, United States Code, is amended—
(1) in subparagraph (A)(iv), by striking “; or” and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following new subparagraph:
“(i) replenishing United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack by a country of concern (as that term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) against—
“(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, ‘To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes’ (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or
“(II) a United States partner; or
“(ii) contracting for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response,
provided that the United States is not a party to the hostilities.”.
(a) In general.—The commander of a combatant command, upon providing a written determination to a supporting head (or heads) of contracting activity (HCA), may request emergency, rapid contracting response using special authorities described in subsection (b)—
(1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code);
(2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;
(3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and
(4) for purposes of protecting the national security interests of the United States during directed operations that fall below the level of armed conflict.
(b) Applicability.—In carrying out subsection (a), the HCA may utilize the following authorities to rapidly respond to time-sensitive or unplanned emergency situations:
(1) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, in the United States, simplified procedures for a single contracting action may be used up to $15,000.
(2) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, simplified procedures for a single contracting action may be used up to $25,000.
(3) For purposes of section 3205(a)(2) of title 10, United States Code, the applicable threshold is deemed to be $10,000,000.
(4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement.
(c) Determination.—A written determination required under subsection (a) may be used to cover more than one requested action, and may be directed to more than one HCA, and shall include:
(1) The rationale for initiating the request in accordance with paragraphs (1) though (4) of such subsection.
(2) A description of the actions being requested of the HCA.
(3) A declaration that funds are available for such requested contracting support.
(d) Sunset.—The authority under subsection (a) shall terminate on September 30, 2028.
(e) Annual report.—Not later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees on the use of the authority under this section for the previous fiscal year. The report shall include a summary of each instance of the authority being used, including—
(1) the combatant command initiating the action or actions;
(2) the supporting HCA or HCAs; and
(3) the specific actions requested, including the contract performer and value of contracting action.
(a) In general.—Section 841 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4871 note prec.) is amended—
(1) by striking the section heading and inserting “Threat mitigation in commercial support to operations”;
(A) by striking the subsection heading and inserting “Program established”;
(B) by striking “and in consultation with the Secretary of State” and all that follows through the period at the end and inserting “and the Secretary of State, establish a program to enable combatant commanders to identify and manage risks introduced by covered persons and entities providing commercial support to military operations. The Secretary of Defense shall publish policy establishing this program with responsibilities for program execution and oversight and procedures for use of available intelligence, security, and law enforcement information to identify threats and employment of a range of strategies, including the covered procurement actions described in this section, to manage risks posed by covered persons and entities that are engaged in covered activities.”;
(3) by amending subsection (b) to read as follows:
“(1) IDENTIFICATION.—The combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy.
“(2) COVERED PROCUREMENT ACTIONS.—
“(A) IN GENERAL.—The head of a contracting activity may exercise a covered procurement action on a covered persons or entity.
“(B) LIMITATION ON COVERED PROCUREMENT ACTIONS.—The head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that—
“(i) the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and
“(ii) less intrusive measures are not reasonably available to manage the risk.”;
(4) by amending subsection (c) to read as follows:
“(c) Notification to covered person or entity.—
“(1) ADVANCE NOTICE.—Contracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters:
“(A) The program established under subsection (a).
“(B) The authorities established under subsection (b).
“(C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities.
“(2) NOTICE OF COVERED PROCUREMENT ACTIONS.—
“(A) IN GENERAL.—Upon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action.
“(B) LIMITATION ON DISCLOSURE OF INFORMATION.—Full disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies.
“(C) PROTECTION OF CLASSIFIED INFORMATION.—Classified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed.”;
(5) by amending subsection (d) to read as follows:
“(d) Covered procurement action reporting.—All covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM).”;
(6) by amending subsection (e) to read as follows:
“(e) Annual review.—The Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action.”;
(7) by amending subsection (f) to read as follows:
“(f) Waiver.—The Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security.”;
(8) by amending subsection (g) to read as follows:
“(g) Delegation of authority.—The authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements.”;
(9) by amending subsection (h) to read as follows:
“(h) Updating regulations.—The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle.”;
(i) by striking “Director of the Office of Management and Budget” and inserting “Secretary of Defense”;
(ii) by striking “appropriate committees of Congress” and inserting “congressional defense committees”;
(I) by striking “an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b)” and inserting “a head of contracting activity exercised a covered procurement action”;
(II) in clause (i) by striking “executive agency” and inserting “head of contracting activity”;
(III) in clause (ii), by striking “the action taken” and inserting “exercising the covered procurement action”;
(IV) in clause (iii), by striking “voided or terminated” and inserting “subject to the covered procurement action”; and
(aa) by striking “executive agency in force” and inserting “Department of Defense has” and
(bb) by striking “concerned at the time the contract, grant, or cooperative agreement was terminated or voided” and replacing with “at the time of exercise of the covered procurement action”; and
(I) by striking “an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b)” and inserting “a head of contracting activity did not exercise a covered procurement action following an identification from a combatant commander”;
(II) in clause (i), by striking “executive agency” and inserting “head of contracting activity”; and
(III) in clause (ii), by inserting “covered procurement” before “action”; and
(B) in paragraph (2), by striking “Director” and inserting “Secretary of Defense”;
(11) by striking subsection (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively;
(12) in subsection (k), as redesignated by paragraph (11), by striking “Except as provided in subsection (l), the” and inserting “The”; and
(13) in subsection (l), as so redesignated, by striking “December 31, 2025” and inserting “December 31, 2033”.
(b) Access to records.—Section 842 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by striking subsections (a) through (c) and inserting the following:
“(a) Additional access to records.—The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act.
“(b) Limitation.—The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk.”.
(c) Definitions.—Section 843 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is amended—
(1) by striking paragraphs (1), (2), (3), (4), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (6);
(2) by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph:
“(1) COVERED ACTIVITIES.—The term ‘covered activities’ means activities where a covered person or entity is—
“(A) engaging in acts of violence against personnel of the United States or partners and allies;
“(B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A);
“(C) engaging in foreign intelligence activities against the United States or partners and allies;
“(D) engaging in transnational organized crime or criminal activities; or
“(E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.”;
(3) in paragraph (2), as so redesignated, by striking “with an estimated value in excess of $50,000 that is performed outside the United States, including its territories and possessions, in support” and all that follows through the period at the end and inserting “that is performed outside the United States, including its territories and possessions.”;
(4) by amending paragraph (3), as so redesignated, to read as follows:
“(3) COVERED PERSON OR ENTITY.—The term ‘covered person or entity’ means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.”; and
(5) by inserting after paragraph (3), as so redesignated, the following new paragraphs:
“(4) COVERED PROCUREMENT ACTION.—The term ‘covered procurement action’means an action taken by a head of contracting activity to—
“(A) exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement;
“(B) terminate an existing contract, grant, or cooperative agreement for default; or
“(C) void in whole or in part an existing contract, grant, or cooperative agreement.
“(5) COVERED SOLICITATION.—The term ‘covered solicitation’ means any Department of Defense solicitation for work for which the place of performance is outside of the United States.”.
(d) Effective date.—The amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)) awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date.
(a) Withholding of contractual payments.—Subsection (a) of section 4651 of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “; and” and inserting a semicolon;
(A) by striking “clause (1)” and inserting “paragraph (1)”; and
(B) by striking “at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.” and inserting “of up to 10 percent of the total contract award amount;”;
(3) by inserting after paragraph (2) the following new paragraphs:
“(3) with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and
“(4) the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount.”; and
(4) in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking “clause (1)” and inserting “paragraph (1)”.
(b) Burden of proof.—Paragraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting “and by a preponderance of the evidence” after “after notice and hearing”.
(a) Amendments relating to authority.—Section 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after “subsection (d)” the following: “were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f)”.
(b) Amendment relating to appropriate use of authority.—Section 4022(d) of such title is amended by adding at the end the following new paragraph:
“(3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f).”.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Acquisition and Sustainment shall update appropriate policies related to Earned Value Management (EVM) as follows:
(1) Update subpart 234.2 of the Defense Federal Acquisition Regulation Supplement (DFARS) to exempt all software contracts and subcontracts from EVM requirements.
(2) Update sections 234.201, 234.203, 252.234–7001, and 252.242–7002 of the DFARS—
(A) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20,000,000 to $50,000,000; and
(B) to increase the contract value threshold for the contractor to use an EVM System from $50,000,000 to $100,000,000.
(b) Implementation.—If the Under Secretary of Defense for Acquisition and Sustainment is unable to update the regulations specified in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall providing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing explaining the timeline for implementation.
(1) IN GENERAL.—Not later than September 30, 2024, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall conduct an inventory of inflation and escalation indices currently used for contracting and pricing purposes across the Department and make the inventory available as a resource for all government and industry contracting and pricing professionals.
(2) ELEMENTS.—The inventory required under paragraph (1)—
(A) shall include indices used for products and indices used for services, including accessibility instructions;
(B) may include relevant indices derived from or leveraged by commercial, academic, or nongovernmental sources; and
(C) shall separately identify indices for which the Department of Defense purchases access.
(b) Assessment.—As part of the inventory required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall also conduct an assessment of the available inflation and escalation indices in order to determine—
(1) gaps in any available indices where identification or development of new indices may be necessary; and
(2) in instances where there are multiple indices being used—
(A) whether consolidation on a single index or smaller subset of indices is possible or advisable; and
(B) whether commercial, academic, or nongovernmental indices have any comparative benefit or advantage over governmental sources.
(c) Periodic updates.—The Under Secretary of Defense for Acquisition and Sustainment shall periodically, and not less than once every 5 years, review and update the inventory required under subsection (a).
(d) Guidance.—Not later than March 30, 2025, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall issue guidance providing for the consistent application and maintenance of data included in the inventory required under subsection (a) for use by government contracting and pricing personnel.
(a) Pilot program.—The Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize large business concerns awarded Department of Defense contracts to qualify for progress payments up to 10 percentage points higher than the standard progress payment rate.
(b) Incentives.—The Under Secretary for Acquisition and Sustainment shall establish clear and measurable criteria to provide for the payment to contractors of higher progress payments as described in subsection (a), including meeting one or more of the following criteria:
(1) Adherence to delivery dates for contract end items and contract data requirement lists or compliance with the performance milestone schedule during the preceding fiscal year.
(2) The lack of any open level III or IV corrective action requests.
(3) Acceptability of the contractor's business systems without significant deficiencies.
(4) Meeting small business subcontracting goals during the preceding fiscal year.
(c) Report.—The Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the implementation of the pilot program established under subsection (a), including a comprehensive list of contractors and the contracts that received the increased progress payments.
(d) Definitions.—In this section:
(1) STANDARD PROGRESS PAYMENT RATE.—The term “standard progress payment rate” refers to the rate of progress payments provided for under section 3804 of title 10, United States Code, and payable in accordance with the applicable provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
(2) LARGE BUSINESS CONCERNS.—The term “large business concerns” means a business concern that exceeds the small business size code standards established by the Small Business Administration as set forth in part 121 of title 13, Code of Federal Regulations.
(e) Sunset.—The authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2026.
Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), as most recently amended by section 818 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, is further amended in subsection (c) by striking “January 2, 2024” and inserting “January 2, 2028”.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation—
(1) to require any entity that provides the services described in North American Industry Classification System (NAICS) code 5416, prior to entering into the Department of Defense contract, to certify that—
(A) neither the entity nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; or
(B) the entity maintains a Conflict of Interest Mitigation Surveillance Plan described under subsection (b) that is auditable by contract oversight entities; and
(2) to restrict Department of Defense contracts from being awarded to an entity that provides the services described under the NAICS code 5416, if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity unless such contractor maintains an enforceable Conflict of Interest Mitigation Surveillance Plan.
(b) Conflict of Interest Mitigation Surveillance Plan.—Contractors that are unable to certify under subsection (a)(1)(A) that neither they nor any of their subsidiaries or affiliates hold a contract with one or more covered foreign entities shall maintain a Conflict of Interest Mitigation Surveillance Plan that is updated annually and shall be provided to applicable contract oversight entities upon request. The plan shall include—
(1) identification of the contracts with the covered foreign entity (or entities) including the specific entity, the dollar value of the contract, and the specific personnel working on the contract;
(2) mitigation measures being taken to prevent conflicts of interest (corporately as well as for individuals working on the contract) that might arise by also supporting Department of Defense contracts; and
(3) notification procedures to the contract oversight entities within 15 days of determining an unmitigated conflict of interest has arisen.
(c) Waiver.—The Secretary of Defense, or designee, shall have the authority to waive conflicts of interest restrictions under subsection (a) on a case-by-case basis as may be necessary to continue contracting for certain national security requirements. The Secretary of Defense may not delegate such authority to an official below the level of a Presidentially appointed, Senate-confirmed official.
(d) Waiver notification.—Not later than 30 days after issuing a waiver under subsection (c) of this section, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include—
(1) the specific justification for providing the waiver;
(2) the covered foreign entity with which the waiver recipient is working which gives rise to the conflict of interest;
(3) the number of bidders on a contract on which the waiver was required;
(4) the number of bidders on a contract for which a waiver would not have been required to have been issued; and
(5) the total dollar value of the contract.
(e) Definitions.—In this section:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means any of the following:
(A) The Government of the People’s Republic of China, any Chinese state-owned entity, or other entity under the ownership, or control, directly or indirectly, of the Government of the People’s Republic of China or the Chinese Communist Party that is engaged in one or more national security industries.
(B) The Government of the Russian Federation, any Russian state-owned entity, or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled “Blocking Property of Additional Persons Contributing to the Situation in Ukraine”(79 Fed. Reg. 16169).
(C) The government or any state-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to—
(i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or
(iv) any other provision of law.
(D) Any entity included on any of the following lists maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.
(ii) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations.
(iii) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations.
(iv) The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations.
(2) CONTRACT OVERSIGHT ENTITIES.—The term “contract oversight entities” means any of the following:
(A) The contracting officer.
(B) The contracting officer representative.
(C) The Defense Contract Management Agency.
(D) The Defense Contract Audit Agency.
(E) The Office of Inspector General (OIG) of the Department of Defense or any subcomponent of OIG.
(F) The Government Accountability Office.
(a) Definitions.—In this section:
(1) GREENHOUSE GAS.—The term “greenhouse gas” means—
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) nitrogen trifluoride;
(E) hydrofluorocarbons;
(F) perfluorcarbons; or
(G) sulfur hexafluoride.
(2) GREENHOUSE GAS INVENTORY.—The term “greenhouse gas inventory” means a quantified list of an entity’s annual greenhouse gas emissions.
(3) NONTRADITIONAL DEFENSE CONTRACTOR.—The term “nontraditional defense contractor” has the meaning given the term in section 3014 of title 10, United States Code.
(b) Prohibition on disclosure requirements.—
(1) NONTRADITIONAL DEFENSE CONTRACTORS.—The Secretary of Defense may not require any nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.
(2) OTHER THAN NONTRADITIONAL DEFENSE CONTRACTORS.—During the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not require any other than nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.
(a) In general.—The Secretary of Defense may not, on or after the date of the enactment of this Act, enter into or renew a contract for the provision of online tutoring services by an entity owned or controlled by the Government of the People's Republic of China.
(1) IN GENERAL.—The Secretary may waive the prohibition under subsection (a).
(2) NONDELEGATION.—The Secretary may not delegate the authority to issue a waiver under paragraph (1).
Section 3705(b)(2)(B) of title 10, United States Code, is amended by striking “should-cost analysis.” and all that follows through “past performance.” and inserting “should-cost analysis and shall identify such offerors that incur a delay greater than 200 days in submitting such cost or pricing data. The Secretary of Defense shall include a public notation on such offerors.”.
Section 8(a)(11) of the Small Business Act (15 U.S.C. 637(a)(11)) is amended—
(1) by inserting “(A)” before “To the maximum”; and
(2) by adding at the end the following:
“(B) Subparagraph (A) shall not apply with respect to a contract entered into under this subsection with the Department of Defense.”.
(1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program through a public-private partnership to accelerate the scaling, production, and acquisition of advanced defense capabilities determined by the Under Secretary to be critical to the national security by creating incentives for investment in domestic small businesses or nontraditional businesses to create a robust and resilient defense industrial base.
(2) GOALS.—The goals of the public-private partnership pilot program are as follows:
(A) To bolster the defense industrial base through acquisition and deployment of advanced capabilities necessary to field Department of Defense modernization programs and priorities.
(B) To strengthen domestic defense supply chain resilience and capacity by investing in innovative defense companies.
(C) To leverage private equity capital to accelerate domestic defense scaling, production, and manufacturing.
(b) Public-private partnerships.—
(1) IN GENERAL.—In carrying out subsection (a), the Under Secretary shall enter into one or more public-private partnerships, consistent with the phased implementation provided for in subsection (e), with for-profit persons using the criteria set forth in paragraph (2).
(2) CRITERIA.—The Under Secretary shall establish criteria for entering into one or more public-private partnerships and shall submit to the congressional defense committees such criteria, which shall not take effect for the purposes of entering into any agreement until 30 days after submission.
(3) OPERATING AGREEMENT.—The Under Secretary and a person or persons with whom the Under Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, term, and governance framework for the partnership and its operations. Such operating agreements may not take effect until 30 days after they have been submitted to the congressional defense committees.
(1) IN GENERAL.—Pursuant to public-private partnerships entered into under subsection (b), a person or persons with whom the Under Secretary has entered into a partnership may invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a), with investments selected based on technical merit, economic value, and the Department’s modernization priorities. The partnership shall require investment in not less than 10 businesses, with no business representing greater than 20 percent of total investment and no capability area exceeding 40 percent of total investment
(2) AUTHORITIES.—A person or persons described in paragraph (1) shall have sole authority to operate, manage, and invest.
(1) IN GENERAL.—Pursuant to the authority established under [section __] the Under Secretary shall provide an up to 80 percent loan guarantee, pursuant to the public-private partnerships entered into under subsection (b), with investment of equity that qualifies under subsection (c) and consistent with the goals set forth under subsection (a)(2).
(2) PILOT PROGRAM AUTHORITY.—The temporary loan guarantee authority described under paragraph (1) is exclusively for the public-private partnerships authorized under this section and may not be utilized for other programs or purposes.
(3) SUBJECT TO OPERATING AGREEMENT.—The loan guarantee under paragraph (1) shall be subject to the operating agreement entered into under subsection (b)(3).
(4) USE OF FUNDS.—Obligations incurred by the Under Secretary under this paragraph shall be subject to the availability of funds provided in advance specifically for the purpose of such loan guarantees.
(e) Phased implementation schedule and required reports and briefings.—The program established under subsection (a) shall be carried out in two phases as follows:
(A) IN GENERAL.—Phase 1 shall consist of an initial pilot program with one public-private partnership, consistent with subsection (b), to assess the feasibility and advisability of expanding the scope of the program. The Under Secretary shall begin implementation of phase 1 not later than 180 days after the date of the enactment of this Act.
(B) IMPLEMENTATION SCHEDULE AND FRAMEWORK.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the congressional defense committees on the design of phase 1. The plan shall include—
(i) an overview of, and the activities undertaken, to execute the public-private partnership;
(ii) a description of the advanced capabilities and defense industrial base areas under consideration for investment;
(iii) an overview of the operating agreement described in subsection (b)(3); and
(iv) implementation milestones and metrics.
(C) REPORT AND BRIEFING REQUIRED.—Not later than 27 months after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the implementation of this section and the feasibility and advisability of expanding the scope of the pilot program. The report and briefing shall include, at minimum—
(i) an overview of program performance, and implementation and execution milestones and outcomes;
(ii) an overview of progress in—
(I) achieving new products in production aligned with Department of Defense needs;
(II) scaling businesses aligned to targeted industrial base and capability areas;
(III) generating defense industrial base job growth;
(IV) increasing supply chain resilience and capacity; and
(V) enhancing competition on advanced capability programs;
(iii) an accounting of activities undertaken and outline of the opportunities and benefits of expanding the scope of the pilot program; and
(iv) a recommendation by the Secretary regarding the feasibility and desirability of expanding the pilot program.
(A) IN GENERAL.—Not later than 30 months after the date of the enactment of this Act, the Secretary may expand the scope of the phase 1 pilot program with the ability to increase to not more than three public-private partnerships, consistent with subsection (b).
(B) REPORT AND BRIEFING REQUIRED.—Not later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the outcomes of the pilot program under subsection (a), including the elements described in paragraph (1)(C), and the feasibility and advisability of making the program permanent.
(f) Termination.—The authority to enter into an agreement to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.
(g) Definitions.—In this section:
(1) DOMESTIC BUSINESS.—The term “domestic business” has the meaning given the term “U.S. business” in section 800.252 of title 31, Code of Federal Regulations, or successor regulation.
(2) DOMESTIC SMALL BUSINESSES OR NONTRADITIONAL BUSINESSES.—The term “domestic small businesses or nontraditional businesses” means—
(A) a small business that is a domestic business; or
(B) a nontraditional business that is a domestic business.
(3) NONTRADITIONAL BUSINESS.—The term “nontraditional business” has the meaning given the term “nontraditional defense contractor” in section 3014 of title 10, United States Code.
(4) SMALL BUSINESS.—The term “small business” has the meaning given the term “small business concern” in section 3 of the Small Business Act (15 U.S.C. 632).
(a) In general.—The parties to a covered transaction required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act (15 U.S.C. 18a) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act (15 U.S.C. 18a).
(b) Definitions.—In this section:
(1) COVERED TRANSACTION.—The term “covered transaction” means an actual or proposed merger, acquisition, joint venture, strategic alliance, or investment—
(A) for which the parties are required to file a notification under section 7A of the Clayton Act (15 U.S.C. 18a); and
(B) any party to which is, owns, or controls a major defense supplier.
(2) MAJOR DEFENSE SUPPLIER.—The term “major defense supplier” means—
(A) a current prime contractor of a major defense acquisition program as defined in chapter 201 of title 10, United States Code;
(B) a current prime contractor of a middle tier acquisition as defined pursuant to section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 882);
(C) a current prime contractor of a software acquisition program described under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478);
(D) a current prime contractor of a defense business system as defined in section 2222 of title 10, United States Code; or
(E) a current prime contractor of a service contract with the Department of Defense, as defined in part 237 of the Defense Federal Acquisition Regulation Supplement, above the simplified acquisition threshold.
(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including—
(A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to—
(i) suppliers in the United States;
(ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and development or procurement activities and acquisition authorities to—
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing military requirements;
(C) prohibiting procurement from selected sources or nations;
(D) taking a combination of actions described under subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) CONSIDERATIONS.—The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services.
(b) Reporting on analyses, recommendations, and actions.—
(1) BRIEFING REQUIRED.—Not later than January 15, 2025, the Secretary of Defense shall submit to the congressional defense committees, in writing—
(A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses; and
(C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions.
(2) REPORTING.—The Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following during the 2025 calendar year:
(A) The annual report or quarterly briefings to Congress required under section 4814 of title 10, United States Code.
(B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title.
(C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title.
(D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title.
(E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committees on Armed Services of the Senate and the House of Representatives not less frequently than once per fiscal year.
(H) Other actions as the Secretary of Defense determines appropriate.
(c) List of goods and services for analyses, recommendations, and actions.—The items described in this subsection are the following:
(1) Traveling Wave Tubes and Traveling Wave Tube Amplifiers.
(a) In general.—The Secretary of Defense may carry out a pilot program under this section to use capital assistance to support the duties and elements of sections 901 and 907.
(b) Eligibility and application process.—
(1) IN GENERAL.—An eligible entity seeking capital assistance for an eligible investment under this section shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require.
(2) SELECTION OF INVESTMENTS.—The Secretary shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (c)(2). The criteria shall include—
(A) the extent to which an investment supports the national security of the United States;
(B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and
(C) the creditworthiness of an investment.
(1) LOANS AND LOAN GUARANTEES.—
(A) IN GENERAL.—The Secretary may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to subsection (b)(2).
(I) IN GENERAL.—Except as provided under subclause (II), the interest rate on a loan provided under subparagraph (A) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.
(II) EXCEPTION.—The Secretary may waive the requirement under subclause (I) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States.
(III) CRITERIA.—The Secretary shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions.
(ii) FINAL MATURITY DATE.—The final maturity date of a loan provided under subparagraph (A) shall be not later than 50 years after the date of substantial completion of the investment for which the loan was provided.
(iii) PREPAYMENT.—A loan provided under subparagraph (A) may be paid earlier than is provided for under the loan agreement without a penalty.
(I) IN GENERAL.—A loan provided under subparagraph (A) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
(II) EXCEPTION.—The Secretary may waive the requirement under subclause (I) with respect to the investment in order to mitigate risks to loan repayment.
(v) SALE OF LOANS.—The Secretary may sell to another entity or reoffer into the capital markets a loan provided under subparagraph (A) if the Secretary determines that the sale or reoffering can be made on favorable terms.
(vi) LOAN GUARANTEES.—Any loan guarantee provided under subparagraph (A) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Secretary shall pay the holder as specified in the loan guarantee agreement.
(vii) INVESTMENT-GRADE RATING.—The Secretary shall establish a credit rating system to ensure a reasonable reassurance of repayment. The system may include use of existing credit rating agencies where appropriate.
(viii) TERMS AND CONDITIONS.—Loans and loan guarantees provided under subparagraph (A) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(ix) APPLICABILITY OF FEDERAL CREDIT REFORM ACT OF 1990.—Loans and loan guarantees provided under subparagraph (A) shall be subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(A) IN GENERAL.—The Secretary may, as a minority investor, support an eligible investment selected pursuant to subsection (b)(2) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity or quasi-equity securities (such as warrants), or shares or financial interests of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine.
(B) SALES AND LIQUIDATION OF POSITION.—The Secretary shall seek to sell and liquidate any support for an investment provided under subparagraph (A) as soon as commercially feasible, commensurate with other similar investors in the investment and taking into consideration the national security interests of the United States.
(3) TECHNICAL ASSISTANCE.—Subjection to Appropriations acts, the Secretary may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this section.
(A) AMOUNT OF CAPITAL ASSISTANCE.—The Secretary shall provide to an eligible investment selected pursuant to subsection (b)(2) the amount of assistance necessary to carry out the investment.
(B) USE OF UNITED STATES DOLLARS.—All financial transactions conducted under this section shall be conducted in United States dollars.
(d) Establishment of accounts.—
(A) ESTABLISHMENT.—There is established in the Treasury of the United States a Department of Defense Credit Program Account to execute loans and loan guarantees in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(B) FUNDING.—The Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations and fees collected pursuant to subparagraph (C).
(C) FEE AUTHORITY.—The Secretary may charge and collect fees for providing capital assistance in amounts to be determined by the Secretary. The Secretary shall establish the amount of such fees in regulations at an amount sufficient to cover but not exceed the administrative costs to the Office of providing capital assistance.
(A) ESTABLISHMENT.—There is established in the Treasury of the United States a Department of Defense Strategic Capital Equity Account.
(B) FUNDING.—The Strategic Capital Equity Account shall consist of all amounts appropriated pursuant to the authorization of appropriations.
(3) USE OF FUNDS.—Subject to appropriations Acts, the Secretary is authorized to pay, from the Department of Defense Credit Program Account or the Department of Defense Strategic Capital Equity Account—
(A) 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;
(B) administrative expenses associated with activities under this section;
(C) project-specific transaction costs;
(D) the cost of providing support authorized by this section; and
(E) the costs of equity investments.
(e) Regulations.—The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not exercise the authorities available under this section until such time as these regulations have been issued and adopted by the Department.
(f) Annual report.—Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this section in the preceding fiscal year and the goals of the Department of Defense in accordance with this section for the next fiscal year.
(g) Notification requirement.—The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, equity investments, insurance, or reinsurance under this section.
(h) Sunset.—The authorities provided under this section shall expire on October 1, 2028.
(i) Definitions.—In this section:
(1) CAPITAL ASSISTANCE.—The term “capital assistance” means loans, loan guarantees, equity investments, insurance and reinsurance, or technical assistance provided under subsection (c).
(2) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) an individual;
(B) a corporation, including a limited liability corporation;
(C) a partnership, including a public-private, limited, or general partnership;
(D) a joint venture, including a strategic alliance;
(E) a trust;
(F) a State of the United States, including a political subdivision or any other instrumentality of a State;
(G) a Tribal government or consortium of Tribal governments;
(H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or
(I) a multi-State or multi-jurisdictional group of public entities within the United States.
(3) ELIGIBLE INVESTMENT.—The term “eligible investment” means an investment that facilitates the efforts of the Office—
(A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to national security; or
(B) to protect vital tangible and intangible assets from theft, acquisition, and transfer by adversaries of the United States.
(4) OBLIGOR.—The term “obligor” means a party that is primarily liable for payment of the principal of or interest on a loan.
(a) In general.—Section 4864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(6) TRAVELING-WAVE TUBE AND TRAVELING WAVE TUBE AMPLIFIERS.—A traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government.”.
(b) Exception.—Paragraph (6) of section 4864(a) of title 10, United States Code, as added by subsection (a), shall not apply with respect to programs that received Milestone A approval (as defined in section 2431a of such title) before October 1, 2022.
(c) Clarification of delegation authority.—Subject to subsection (i) of section 4864 of title 10, United States Code, the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(6) of such section, as added by subsection (a) of this section.
It is the sense of Congress that—
(1) the Department of Defense should take all appropriate action to lessen the dependence of the Armed Forces on adversarial nations for the procurement of strategic and critical materials, and that one such material in short supply according to the most recent report from Defense Logistics Agency Strategic Material is natural rubber, undermining our national security and jeopardizing the military’s ability to rely on a stable source of natural rubber for tire manufacturing and production of other goods; and
(2) the Secretary of Defense should take all appropriate action, pursuant with the authority provided by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.) to engage in activities that may include stockpiling, but shall also include research and development aspects for increasing the domestic supply of natural rubber.
Section 4061 of title 10, United States Code, is amended—
(i) by inserting “to enable and assist small businesses” after “merit-based program”;
(ii) by striking “fielding of technologies” and inserting “commercialization of various technologies, including critical technologies”; and
(iii) by inserting “capabilities developed through competitively awarded prototype agreements” after “defense laboratories,”; and
(B) in paragraph (2), by inserting “support full-scale integration,” after “evaluation outcomes,”;
(A) in paragraph (1), by inserting “primarily major defense acquisition programs, but also other” after “candidate proposals in support of”; and
(B) in paragraph (2), by striking “by each military department” and inserting “by each component small business office of each military department”; and
(3) in subsection (d)(2), by striking “$3,000,000” and inserting “$6,000,000”.
Section 4902(e) of title 10, United States Code, is amended—
(1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3) by striking “Before providing assistance” and inserting “(1) Before providing assistance”; and
(4) by adding at the end the following new paragraph:
“(2) An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement.”.
Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns.
(a) Reduction in time for contractor explanation and past performance consideration of unjustified withholding of payments to Department of Defense small business subcontractors.—Section 8(d)(13)(B)(i) of the Small Business Act (15 U.S.C. 637(d)(13)(B)(i)) is amended by inserting “, or, for a covered contract awarded by the Department of Defense, more than 30 days past due,” after “90 days past due”.
(b) Clarification that contracting officers of the Department of Defense are authorized to enter or modify past performance information related to unjustified non-payment or reduced payment before or after contract close-out.—Section 8(d)(13)(C) of the Small Business Act (15 U.S.C. 637(d)(13)(C)) is amended—
(1) by striking “A contracting officer” and inserting the following:
“(i) IN GENERAL.—A contracting officer”; and
(2) by adding at the end the following:
“(ii) PAST PERFORMANCE INFORMATION FOR DOD CONTRACTS.—The contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract.”.
(c) Duty of cooperation to correct and mitigate unjustified failure by Department of Defense prime contractors to make full or timely payments to subcontractors.—Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13)) is amended—
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by inserting after subparagraph (D) the following:
“(E) COOPERATION ON DOD CONTRACTS.—
“(i) IN GENERAL.—If a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor.
“(ii) PERIOD.—The duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract.”; and
(3) in subparagraph (D), by striking “subparagraph (E)” and inserting “subparagraph (F)”.
(d) Applicability.—The amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act (15 U.S.C. 637(d)(13)(A)) that is entered into or modified by the Department of Defense on or after the date of enactment of this Act.
Section 1710(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
Section 279(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3507) is amended by striking “each fiscal years 2021, 2022, and 2023” and replacing with “each fiscal year through fiscal year 2028”.
(a) Definitions.—Section 4951 of title 10, United States Code, is amended—
(1) in paragraph (1)(C), by striking “private, nonprofit organization” and inserting “nonprofit organization”; and
(2) by adding at the end the following new paragraph:
“(5) The term ‘business entity’ means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.”.
(b) Cooperative agreements.—Section 4954 of title 10, United States Code, is amended—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);
(B) by inserting “(1)” before “Under”; and
(C) by adding at the end the following new paragraph:
“(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.”;
(2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h); and
(3) by inserting after subsection (f), as redesignated by paragraph (2), the following new subsection:
“(g) Waiver of Government cost share restriction.—If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.”.
(c) Authority to provide certain types of technical assistance.—Section 4958(c) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking “; and” and inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new paragraphs:
“(3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and
“(4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements).”.
Section 874 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 3204 note) is amended—
(A) in paragraph (1), by inserting “and prescribe regulations” after “establish a pilot program”; and
(B) in paragraph (3), by striking “A qualified” and inserting “Each contract held by a qualified”;
(2) in subsection (c)(2), by striking “expended on subcontracts, subject to such necessary and reasonable waivers” and inserting the following: “expended on subcontracts, except—
“(A) to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan;
“(B) in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or
“(C) pursuant to such necessary and reasonable waivers”; and
(3) in subsection (e), by striking “five years after” and inserting “eight years after”.
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Small Business Administration.
(2) SMALL BUSINESS CONCERN; SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—The terms “small business concern” and “small business concerns owned and controlled by service-disabled veterans” have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs.—
(1) IN GENERAL.—Each prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act (15 U.S.C. 657f).
(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d).
(c) Phased Approach to Eliminating Self-Certification for SDVOSBs.—Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may—
(1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and
(2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans.
(d) Rulemaking.—Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section.
Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13)) is amended—
(1) in subparagraph (B)(i), by striking “90 days” and inserting “30 days”;
(A) by striking “contractor shall” and inserting “contractor—
“(i) shall”;
(B) in clause (i), as so designated, by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(i) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract.”.
(3) in subparagraph (D), by striking “subparagraph (E)” and inserting “subparagraph (F)”;
(4) by redesignating subparagraph (E) as subparagraph (F); and
(5) by inserting after subparagraph (D) the following”:
“(i) IN GENERAL.—Once a contracting officer determines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcontractor.
“(ii) DURATION.—The duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered contract.”.
Section 15(g)(1)(A)(ii) of the Small Business Act (15 U.S.C. 644(g)(1)(A)(ii)) is amended by striking “3 percent” and inserting “5 percent”.
(a) Socially and economically disadvantaged small business concerns.—Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended—
(1) by inserting “(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$7,000,000”; and
(2) by inserting “(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$3,000,000”.
(b) Certain small business concerns owned and controlled by women.—Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended—
(A) in clause (i), by inserting “(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$7,000,000”; and
(B) in clause (ii), by inserting “(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$4,000,000”; and
(A) in clause (i), by inserting “(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$7,000,000”; and
(B) in clause (ii), by inserting “(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$4,000,000”.
(c) Qualified hubzone small business concerns.—Section 31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended—
(1) in subclause (I), by inserting “(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$7,000,000”; and
(2) in subclause (II), by inserting “(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$3,000,000”.
(d) Small business concerns owned and controlled by service-disabled veterans.—Section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)) is amended—
(1) in subparagraph (A), by inserting “(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$7,000,000”; and
(2) in subparagraph (B), by inserting “(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)” after “$3,000,000”.
(e) Certain veteran-owned concerns.—Section 8127(c) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “the dollar thresholds under section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2))”.
Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-Wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees a plan for implementing the replacement for the Selected Acquisition Reporting system as required by section 809 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), including—
(1) a timeline and process for implementing the requirements of such section 809;
(2) a timeline and process for implementing quarterly reporting versus annually for the replacement system, including identification of policy, procedural, or technical challenges to implementing that reporting periodicity;
(3) a timeline and process for providing access to the replacement reporting system to congressional staff; and
(4) a timeline and process for providing access to the replacement reporting system to the Government Accountability Office, the public, and other relevant stakeholders.
Section 883 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4292 note prec.) is amended—
(1) in subsection (a), by striking “seven-year pilot program” and inserting “eight-year pilot program”; and
(2) in subsection (g), by striking “seven years” and inserting “eight years”.
Section 844(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3766) is amended by striking “5 years” and inserting “6 years”.
Section 4863(d) of title 10, United States Code, is amended—
(1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3) by inserting “(1)” before “Subsection (a)(1)”; and
(4) by adding at the end the following new paragraph:
“(2) Any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced—
“(A) in the United States;
“(B) in the country from which the mill product or component is procured; or
“(C) in another country covered under paragraph (1)(A)(ii).”.
(a) Plan to establish a university affiliated research center for critical minerals.—
(1) IN GENERAL.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a plan to establish a new University Affiliated Research Center (UARC), or to expand a current relevant UARC or consortia of universities, for the purposes of contributing to the capacity of the Department to conduct research, development, engineering or workforce expansion related to critical minerals for national security needs. The plan should focus on institutional capacity at a mining school or schools with expertise in engineering, applied research, commercial and workforce development activities related to critical minerals.
(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:
(A) An assessment of the engineering, applied research, commercialization, and workforce development capabilities relating to critical minerals of mining schools, including an assessment of the workforce and physical research infrastructure of such schools.
(B) An assessment of the ability of mining schools—
(i) to participate in defense-related engineering, applied research, commercialization, and workforce development activities relating to critical minerals;
(ii) to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants; and
(iii) to support the mission of the Under Secretary to extend the capabilities of current war fighting systems, develop breakthrough capabilities, hedge against an uncertain future through a set of scientific and engineering options, and counter strategic surprise.
(C) An assessment of the activities and investments necessary—
(i) to augment facilities or educational programming at mining schools or a consortium of mining schools—
(I) to support the mission of the Under Secretary;
(II) to access, secure, and conduct research relating to sensitive or classified information; and
(III) to respond quickly to emerging engineering, applied research, commercialization, and workforce needs relating to critical minerals.
(ii) to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities; and
(iii) to increase the ability of mining schools to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants.
(D) Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, mining schools, and other organizations to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities, contracts, and grants.
(E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of mining schools to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense.
(3) CONSULTATIONS.—In developing the plan required by paragraph (1), the Secretary and the Under Secretary shall consult with such other public and private sector organizations as the Secretary and the Under Secretary determine appropriate.
(4) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary shall—
(A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and
(B) make the plan available on a publicly accessible website of the Department of Defense.
(b) Activities to support the engineering, applied research, commercialization, and workforce development capacity of mining schools.—
(1) IN GENERAL.—Subject to the availability of appropriations, the Under Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities, for the purposes described in paragraph (2).
(2) PURPOSES.—The purposes described in this paragraph are the following:
(A) Developing the capability, including workforce and research infrastructure, for mining schools to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities.
(B) Improving the capability of mining schools to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities.
(C) Any other purposes the Under Secretary determines appropriate for enhancing the defense-related engineering, applied research, commercialization, and development capabilities of mining schools.
(c) Increasing partnerships for mining schools with national security research and engineering organizations.—
(1) IN GENERAL.—Chapter 305 of title 10, United States Code, is amended by adding at the end the following new section:
“(1) IN GENERAL.—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 of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities.
“(2) LIMITATION ON DELEGATION.—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.
“(b) Program objective.—The objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to—
“(1) enhance the critical minerals 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 relating to critical minerals;
“(3) increase the number of graduates from such institutions engaged in critical minerals-related 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 relating to critical minerals.
“(c) Assistance provided.—Under the program established under 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.
“(1) IN GENERAL.—The Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education.
“(2) GOALS.—The Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—
“(A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and
“(B) if appropriate, to enter into partnerships and collaborations with such institutions.
“(e) Criteria for funding.—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.
“(f) Definition of covered educational institution.—
“(1) IN GENERAL.—In this section, the term ‘covered educational institution’ means—
“(A) a mining, metallurgical, geological, or mineral engineering program—
“(i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and
“(ii) located at an institution of higher education; or
“(B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry.
“(2) INSTITUTION OF HIGHER EDUCATION.—For purposes of paragraph (1), the term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 305 of such title is amended by adding at the end the following new item:
“4145. Research and educational programs and activities: critical minerals.”.
(1) IN GENERAL.—In this section, the term “mining school” means—
(A) a mining, metallurgical, geological, or mineral engineering program—
(i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and
(ii) located at an institution of higher education; or
(B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry.
(2) INSTITUTION OF HIGHER EDUCATION.—For purposes of paragraph (1), the term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(a) Enhanced domestic content requirement.—
(1) CONTRACTING REQUIREMENTS.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured as part of a Navy shipbuilding program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—
(A) supplied during the period beginning January 1, 2026, and ending December 31, 2027, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies;
(B) supplied during the period beginning January 1, 2028, and ending December 31, 2032, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2033, equals 100 percent of the cost of the manufactured articles, materials, or supplies.
(2) APPLICABILITY TO RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.—Contracts related to shipbuilding programs entered into under paragraph (1) to carry out research, development, test, and evaluation activities shall require that these activities and the components specified during these activities must meet the domestic content requirements delineated under paragraph (1).
(3) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.—Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.
(4) WAIVER.—The Secretary of Defense may request a waiver from the requirements under paragraph (1) in order to expand sourcing to members of the national technical industrial base (as that term is defined in section 4801 of title 10, United States Code). Any such waiver shall be subject to the approval of the Director of the Made in America Office and may only be requested if it is determined that any of the following apply:
(A) Application of the limitation would increase the cost of the overall acquisition by more than 25 percent or cause unreasonable delays to be incurred.
(B) Satisfactory quality items manufactured by a domestic entity are not available or domestic production of such items cannot be initiated without significantly delaying the project for which the item is to be acquired.
(C) It is inconsistent with the public interest.
(5) RULEMAKING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in concurrence with the Director of the Made in America Office, shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—
(A) the application of paragraph (1) results in an unreasonable cost; or
(B) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
(6) APPLICABILITY.—The requirements of this subsection shall apply to contracts entered into on or after January 1, 2026.
(b) Reporting on country of origin manufacturing.—Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on country of origin tracking and reporting as it relates to manufactured content procured as part of Navy shipbuilding programs, including through primary contracts and subcontracts at the second and third tiers. The report shall describe measures taken to ensure that the country of origin information pertaining to such content is reported accurately in terms of the location of manufacture and not determined by the location of sale.
Section 1302(b)(1) of title 41, United States Code, is amended—
(1) in subparagraph (C), by striking “; and” and inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subparagraph:
Section 3771(b) of title 10, United States Code, is amended—
(1) in paragraph (3)(C), by inserting “for which the United States shall have government purpose rights, unless the Government and the contractor negotiate different license rights” after “component)”; and
(A) in clause (ii), by striking “; or” and inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new clause (iii):
“(iii) is a release, disclosure, or use of detailed manufacturing or process data—
“(I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and
“(II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or”.
(a) In general.—Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
“(a) Establishment.—There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the ‘Office’).
“(b) Director.—The Office shall be headed by a Director (in this section referred to as the ‘Director’), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5).
“(c) Duties.—The Office shall—
“(1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets;
“(2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and
“(3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment.
“(d) Applications.—An eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
“(e) Selection of investments.—
“(1) IN GENERAL.—The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include—
“(A) the extent to which an investment is significant to the national security of the United States;
“(B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and
“(C) the creditworthiness of an investment.
“(2) NOTICE AND WAIT REQUIREMENT.—The criteria established under paragraph (1) shall not apply until—
“(A) the Secretary of Defense submits the criteria to the congressional defense committees; and
“(B) a period of 30 days has elapsed after such submission.
“(f) Notification.—Not less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary.
“(g) Strategic Capital Advisory Board.—The Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section.
“(h) Regulations.—The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department.
“(i) Effective date.—The authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been—
“(1) prescribed and adopted by the Department; and
“(2) submitted to the congressional defense committees.
“(j) Annual report.—Not later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that—
“(1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including—
“(A) an identification of entities that received capital assistance from the Office during that fiscal year;
“(B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and
“(C) any success stories as a result of such assistance;
“(2) assesses the status of the finances of the Office as of the end of that fiscal year; and
“(3) describes the goals of the Office for the fiscal year that begins after submission of the report.
“(k) Definitions.—In this section:
“(1) CAPITAL ASSISTANCE.—The term ‘capital assistance’ means loans, loan guarantees, equity investments, or technical assistance provided under section 834.
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
“(A) an individual;
“(B) a corporation;
“(C) a partnership, including a public-private partnership;
“(D) a joint venture;
“(E) a trust;
“(F) a State, including a political subdivision or any other instrumentality of a State;
“(G) a Tribal government or consortium of Tribal governments;
“(H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or
“(I) a multi-State or multi-jurisdictional group of public entities.
“(3) ELIGIBLE INVESTMENT.—The term ‘eligible investment’ means an investment that facilitates the efforts of the Office—
“(A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or
“(B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item:
(a) Reinstatement of position.—
(1) IN GENERAL.—Chapter 4 of title 10, United States Code, is amended by inserting after the item relating to section 132 the following new item:
“(a) Appointment and qualifications.— (1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
“(b) Responsibilities.—Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following:
“(1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense.
“(2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department.
“(3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department.
“(4) 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 Chief Management Officer has responsibility under this section.
“(5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.
“(c) Budget authority.— (1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations 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 Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller).
“(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer.
“(C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following:
“(i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).
“(ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations.
“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report.
“(iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets.
“(2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.
“(d) Precedence.—The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.
“(e) Enterprise business operation defined.—In this section, the term ‘enterprise business operations’ means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 132 the following new item:
“132a. Chief Management Officer.”.
(b) Management and oversight of defense business systems.—Section 2222 of such title is amended—
(1) in subsection (c)(2), by striking “the Chief Information Officer of the Department of Defense” and inserting “the Chief Management Officer of the Department of Defense”;
(A) in paragraph (1), by striking “the Chief Information Officer” and inserting “the Chief Management Officer”; and
(i) in subparagraph (A), in the matter preceding clause (i)—
(I) in the first sentence, by striking “The Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer,” and inserting “The Chief Management Officer of the Department of Defense”; and
(II) in the second sentence, by striking “the Chief Information Officer shall” and inserting “the Chief Management Officer shall”;
(ii) in subparagraph (B), in the matter preceding clause (i), by striking “The Chief Information Officer” and inserting “The Chief Management Officer”;
(3) in subsection (f)(1), in the second sentence, by inserting “the Chief Management Officer and” after “chaired by”;
(4) in subsection (g)(2), by striking “the Chief Information Officer of the Department of Defense” each place it appears and inserting “the Chief Management Officer of the Department of Defense”; and
(5) in subsection (i)(5)(B), by striking “the Chief Information Officer” and inserting “the Chief Management Officer”.
(c) Conforming amendment.—Section 131(b) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2):
“(2) The Chief Management Officer of the Department of Defense.”.
(d) Guidance required.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1) issue guidance to clearly delineate the authorities and responsibilities of the Chief Management Officer of the Department of Defense; and
(2) provide a charter for the position of the Chief Management Officer to fully vest the authority of the Chief Management Officer within the Department of Defense.
(e) Report on effect of lapse in management oversight on defense business systems.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the effect on defense business systems of the abolishment of the position of Chief Management Officer and the failure to reassign the responsibilities of the Chief Management Officer with respect to defense business systems for two years.
(2) DEFENSE BUSINESS SYSTEM DEFINED.—In this subsection, the term “defense business system” has the meaning given that term in section 2222(i) of title 10, United States Code.
(a) In general.—Subsection (d) of section 139a of title 10, United States Code, is amended—
(A) by striking “, ensuring” and inserting “and ensuring”; and
(B) by striking “, and assessing” and all that follows through “economy”; and
(2) in paragraph (8), by inserting after “defense resources” the following: “, 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”.
(b) Annual reports.—Such section is amended by adding at the end the following new subsection:
“(1) IN GENERAL.—Not later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes—
“(A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report;
“(B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and
“(C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report.
“(2) FORM.—Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.
“(3) BRIEFINGS.—Not later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report.”.
(c) Program evaluation competitive analysis cell.—Such section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection:
“(f) Program evaluation competitive analysis cell.—
“(1) IN GENERAL.—Not later than June 1, 2024, the Secretary of Defense shall—
“(A) establish a team, to be known as the ‘Program Evaluation Competitive Analysis Cell’, to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director; and
“(B) ensure that the team has a sufficient number of personnel to carry out the duties of the team.
“(2) INDEPENDENCE.—The Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense.”.
(d) Pilot program on alternative analysis.—
(1) IN GENERAL.—The Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis.
(2) STRUCTURE.—The Director shall establish, under the pilot program established under paragraph (1), three analytical groups, focused on programmatic analysis in the following:
(A) Year 1 of the future-years defense program under section 221 of title 10, United States Code.
(B) Years 2 through 5 of the future-years defense program.
(C) Years outside the future-years defense program.
(3) REQUIREMENTS.—The pilot program established under paragraph (1) shall run at least one strategic portfolio review or equivalent analytical effort per year.
(e) Establishment of Analysis Working Group.—
(1) IN GENERAL.—Not later than May 1, 2024, the Secretary of Defense shall—
(A) establish the Analysis Working Group in the Department of Defense; and
(B) ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group.
(2) MEMBERSHIP.—The Analysis Working Group shall be composed of representatives of the following components of the Department of Defense:
(A) The Office of the Director of Cost Assessment and Program Evaluation.
(B) The Directorate for Joint Force Development (J7) of the Joint Staff.
(C) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff.
(D) The Office of the Secretary of Defense for Policy.
(E) The Chief Data and Artificial Intelligence Office.
(F) The Office of the Chief Information Officer.
(G) The United States Indo-Pacific Command.
(H) The United States European Command.
(3) DUTIES.—The Analysis Working Group shall—
(A) establish clear priorities and standards to focus analysts on decision support;
(B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft;
(C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways;
(D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis;
(E) resolve classified access and infrastructure challenges;
(F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and
(G) conduct such other tasks as the Secretary of Defense considers appropriate.
(f) Rule of construction.—Nothing in this section shall be construed to interfere with the requirements of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the requirement of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code.
(a) In general.—The Secretary of Defense shall establish the roles and responsibilities of components of the Office of the Secretary of Defense for development and delivery to combatant commands of capabilities that are essential to integrated joint warfighting capabilities, as follows:
(1) The Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering shall be responsible for—
(A) identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges;
(B) providing technical support for the Joint Force in exploring and analyzing new capabilities, operational concepts, and systems-of-systems composition, including through advanced modeling and simulation; and
(C) executing associated experimentation, through the Rapid Defense Experimentation Reserve (RDER) or another mechanism.
(2) The Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for—
(A) enabling the acquisition of cross-domain, joint, and cross-system kill chains and mission capabilities, including resourcing of modifications necessary for integration and interoperability among kill chain and mission components; and
(B) ensuring the effectiveness of cross-domain, joint, and cross-system kill chains and mission capabilities through analysis and testing.
(3) The Chief Digital and Artificial Intelligence Officer shall be responsible for creating and operating a factory-based approach for software development that allows for iterative, secure, and continuous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to—
(A) gain operational awareness, make decisions, and take actions;
(B) integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and
(C) prosecute targets through military service and combat support agency networks, tools, and systems.
(b) Coordination.—The officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall coordinate and align their plans and activities to implement subsection (a) among themselves and with the combatant commanders.
(c) Initial prioritization.—In developing an initial set of capabilities described in subsection (a), the officials referred to in paragraphs (1), (2), and (3) of that subsection shall prioritize the requirements of the United States Indo-Pacific Command.
(d) Briefings required.—Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2026, the officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall provide briefings to the congressional defense committees on their plans and activities to implement subsection (a).
(e) Report required.—Not later than March 1, 2024, the Chief Data and Artificial Intelligence Officer, in consultation with the Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering and the Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes—
(1) a plan and associated timelines for deploying and demonstrating a joint data integration layer prototype in the United States Indo-Pacific Command area of operations;
(2) a plan and associated timelines for transitioning such a prototype, upon its successful demonstration, to fielding as soon as practicable given the urgent need for a joint all-domain command and control (commonly referred to as “JADC2”) capability;
(3) a plan and associated timelines for reaching initial operational capability for a joint data integration layer within the United States Indo-Pacific Command area of operations;
(4) a plan and associated timelines for scaling that capability to future areas of operation across the combatant commands;
(5) an assessment of the required type and number of personnel at the United States Indo-Pacific Command to enable sustained growth in JADC2 capabilities; and
(6) a plan and associated timelines for—
(A) identifying specific critical effects chains necessary to overcome anti-access and area denial capabilities and offensive military operations of foreign adversaries; and
(B) creating, demonstrating, deploying, and sustaining such chains.
The Secretary of Defense may appoint two Principal Deputy Assistant Secretaries to report to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict—
(1) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and
(2) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section.
Section 910 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 111 note) is amended—
(1) in the section heading, by striking “anomalous health incidents” and inserting “directed energy capabilities”;
(2) in subsection (a), by striking “anomalous health incidents (as defined by the Secretary)” and inserting “emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents (as defined by the Secretary),”;
(A) in the matter preceding paragraph (1), by inserting “to assist the Secretary of Defense” after “shall be”;
(B) by amending paragraph (1) to read as follows:
“(1) to address the threat posed by emerging directed energy capabilities, such as anti-personnel weapons, including the detection and mitigation of, and development of countermeasures for, such capabilities;”;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following new paragraph (2):
“(2) to conduct necessary investigation and activities to understand the causation, attribution, mitigation, identification, and treatment for anomalous health incidents;”; and
(E) in paragraph (4), as redesignated by subparagraph (C), by striking “any other efforts regarding such incidents” and inserting “with any other efforts regarding emerging directed energy capabilities, hazards of electromagnetic radiation to personnel, and anomalous health incidents”;
(4) in subsection (d), by striking “in consultation with the Director of National Intelligence and”; and
(A) by striking “March 1, 2026” and inserting “March 1, 2028”; and
(B) by striking “anomalous health incidents” and inserting “emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents”.
(a) In general.—The Secretary of Defense shall establish a pilot program within the Office of the Under Secretary of Defense for Acquisition and Sustainment under which the Under Secretary will conduct and coordinate assessments, support industrial base decision-making, and provide mitigation measures to counter adversarial capital flows into industries or businesses of interest to the Department of Defense intended to undermine or deny—
(1) the access of the United States to key capabilities; or
(2) the ability of the United States to place such capabilities in physical locations necessary for national security functions.
(1) IN GENERAL.—Under the pilot program required by subsection (a), the Under Secretary may perform the following tasks:
(A) Conduct coordinated and integrated analysis of adversarial capital flows into industries or businesses of interest to the Department of Defense.
(B) Support coordination and outreach with technology scouting and acquisition elements of the Department to support the investment decision-making of those elements and consideration of how to counteract entities employing adversarial capital flows against industries or businesses described in subparagraph (A), including the employment of relevant authorities vested in other components of the Department and the Federal Government.
(C) Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States.
(D) Protect tangible and intangible assets vital to the national security of the United States from theft, acquisition, and transfer by adversaries or strategic competitors of the United States.
(E) Provide capital assistance to entities engaged in investments that facilitate the efforts of the Under Secretary under subparagraphs (C) and (D) utilizing existing authorities available to the Department, such as the authority provided under section 834.
(F) Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department.
(2) USE OF CERTAIN FINANCIAL INSTRUMENTS.—The Under Secretary may perform the tasks described in paragraph (1) using the authorities provided by section 834.
(c) Coordination.—In establishing the pilot program required by subsection (a), the Secretary shall coordinate the activities being carried out under the pilot program with the following entities:
(1) The Air Force Office of Concepts, Development, and Management.
(2) The Air Force Office of Commercial and Economic Analysis.
(3) The Special Operations Command.
(4) The Defense Innovation Unit.
(5) The Office of Strategic Capital established under section 148 of title 10, United States Code, as added by section 901.
(6) Such other entities as the Secretary considers appropriate.
(d) Regulations.—The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section.
(e) Effective date.—The Secretary may not carry out activities or exercise authorities under this section until the date that is 30 days after the date on which the Secretary submits to the congressional defense committees the regulations required by subsection (d).
(f) Briefing required.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees that details implementation of the pilot program required by subsection (a).
(g) Termination.—The pilot program required by subsection (a) shall terminate on September 30, 2028.
(h) Definitions.—In this section:
(1) ADVERSARIAL CAPITAL FLOW.—The term “adversarial capital flow” means an investment by—
(A) the government of a country that is an adversary of the United States; or
(B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country.
(2) CAPITAL ASSISTANCE.—The term “capital assistance” has the meaning given that term in section 834.
Section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note) is amended—
(i) by striking “In general.—Except” and inserting the following: “In general.—
“(A) SELECTION.—Except”; and
(ii) by adding at the end the following new subparagraph:
“(B) DELEGATION OF OVERSIGHT AND MANAGEMENT.—The Deputy Secretary of Defense may delegate one or more mission managers to oversee the selected missions and provide management around mission outcomes.”; and
(B) by adding at the end the following new paragraph:
“(4) IDENTIFICATION OF FUNDING.—For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials for budgets submitted to Congress pursuant to section 1105 of title 31, United States Code, with selected missions and solution detailed in materials for each budgetary item associated with a selected mission.”;
(A) in subparagraph (E), by striking “; and” and inserting a semicolon;
(B) by redesignating subparagraph (F) as subparagraph (G); and
(C) by inserting after subparagraph (E) the following new subparagraph:
“(F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission, including through existing authorized methods to realign, reprogram, or transfer funds; and”;
(3) in subsection (f)(1)(A), by striking “every six months thereafter until the date that is five years after the date of the enactment of this Act” and inserting “annually thereafter until September 30, 2031”; and
(4) in subsection (h), by striking “terminate on the date that is five years after the date of the enactment of this Act” and inserting “terminate on September 30, 2031”.
(a) Removal of references to Chief Management Officer in provisions of law relating to precedence.—Chapter 4 of title 10, United States Code, is amended—
(A) in paragraph (1), by striking “, the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense” and inserting “and the Deputy Secretary of Defense”; and
(B) in paragraph (2), by striking “the Chief Management Officer,”;
(A) in paragraph (1), by striking “the Chief Management Officer of the Department of Defense,”; and
(B) in paragraph (2), by striking “the Chief Management Officer,”;
(3) in section 137a(d), by striking “the Chief Management Officer of the Department of Defense,”; and
(4) in section 138(d), by striking “the Chief Management Officer of the Department of Defense,”.
(b) Assignment of periodic review of Defense Agencies and Department of Defense field activities to Secretary of Defense.—Section 192(c) of such title is amended—
(A) in subparagraph (A), in the first sentence, by striking “the Chief Management Officer of the Department of Defense” and inserting “the Secretary of Defense”; and
(B) in subparagraphs (B) and (C), by striking “the Chief Management Officer” and inserting “the Secretary”; and
(2) in paragraph (2), by striking “the Chief Management Officer” each place it appears and inserting “the Secretary”.
(c) Assignment of responsibility for financial improvement and audit remediation to under Secretary of Defense (Comptroller).—Section 240b of such title is amended—
(1) in subsection (a)(1), by striking “The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller),” and inserting “The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense,”; and
(2) in subsection (b)(1)(C)(ii), by striking “the Chief Management Officer” and inserting “the Performance Improvement Officer”.
(d) Removal of Chief Management Officer as recipient of reports of audits by external auditors.—Section 240d(d)(1)(A) of such title is amended by striking “and the Chief Management Officer of the Department of Defense”.
(e) Conforming amendments to provisions of law related to Freedom of Information Act exemptions.—Such title is further amended—
(A) by striking subsection (d);
(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
(C) in subsection (d), as so redesignated—
(i) in the first sentence, by striking “, or the Secretary's designee,”; and
(ii) in the second sentence, by striking “, through the Office of the Director of Administration and Management”; and
(A) by striking subsection (c);
(B) by redesignating subsection (d) as subsection (c); and
(C) in subsection (c), as so redesignated—
(i) in the first sentence, by striking “, or the Secretary's designee,”; and
(ii) in the second sentence, by striking “, through the Office of the Director of Administration and Management”.
(f) Removal of Chief Management Officer as required coordinator on defense resale matters.—Section 631(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2481 note) is amended by striking “, in coordination with the Chief Management Officer of the Department of Defense,”.
(a) In general.—The Secretary of Defense shall realign roles, responsibilities, and resources as necessary to establish a Joint Energetics Transition Office (in this section referred to as the “Office”).
(b) Responsibilities.—The Office shall—
(1) develop and periodically update an energetic materials strategic plan and investment strategy to guide current and future investments in new and legacy energetic materials and technologies, including by—
(A) developing or supporting the development of strategies and roadmaps, under the future-years defense program under section 221 of title 10, United States Code, and the program objective memorandum process, for energetic materials and technologies; and
(B) initiating special studies or analyses to inform the program objective memorandum process;
(2) coordinate and synchronize existing research, development, test, and evaluation efforts in energetic materials across the Department of Defense to identify promising new energetic materials and technologies—
(A) to mature, integrate, prototype, and demonstrate novel energetic materials and technologies, including classification and characterization testing of new materials and manufacturing technologies;
(B) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into existing and planned weapons platforms; and
(C) to identify existing or establish new prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of future energetic materials;
(3) oversee a process to expedite the qualification process for energetic materials, from discovery through integration into weapon systems, and recommend changes to laws, regulations, and policies that present barriers that extend timelines for that process; and
(4) carry out such other responsibilities relating to energetic materials as the Secretary shall specify.
(c) Report required.—The Deputy Secretary of Defense shall submit to the congressional defense committees—
(1) not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of the Office under subsection (a); and
(2) not later than one year after such date of enactment, a report on the measures taken to provide the Office with the staff and resources necessary for the Office to carry out its responsibilities under subsection (b).
(a) Plan required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a transition plan to realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.
(b) Submission of plan.—Not later than 7 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall submit the plan to the congressional defense committees.
(c) Implementation of plan.—Not later than 180 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.
Section 1046(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) in paragraph (1)(B), by striking “; and” and inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new paragraph:
“(3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests.”.
The Secretary of Defense shall ensure that the Department of Defense is capable of scheduling congressional engagements in a digitally interoperable manner by not later than February 25, 2024, either through—
(1) integrating the productivity software suite of the Department of Defense with the productivity software suite of the congressional defense committees; or
(2) enabling the automated transmission of scheduling data through another software solution.
(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of command audit metrics that link existing audit readiness goals and metrics for the financial management community with unit leadership goals and metrics to provide operationally relevant performance measures for use by unit commanders.
(2) LEVERAGING SUPPORT.—In developing the metrics required by paragraph (1), the Secretary may leverage support from an existing federally funded research and development center or university-affiliated research center.
(3) DEADLINE.—An initial set of metrics shall be developed and implemented under paragraph (1) not later than April 30, 2025.
(1) IN GENERAL.—The President of the Defense Acquisition University shall develop training curricula to support the workforce of the Department of Defense in understanding, implementing, and utilizing the metrics developed under subsection (a) in the day-to-day performance of their command and leadership duties.
(2) DEADLINE.—An initial training curriculum shall be developed and implemented under paragraph (1) not later than April 30, 2025.
(c) Leader performance assessments.—
(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall evaluate means by which the metrics developed under subsection (a) can be used in the performance evaluation of unit commanders.
(2) BRIEFING REQUIRED.—Not later than September 30, 2024, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the evaluation conducted under paragraph (1). The briefing shall include the following elements:
(A) Identification of the appropriate command echelon at which to assess unit leader performance using the metrics developed under subsection (a).
(B) Evaluations of available measures to reward superior or above average performance with respect to such metrics.
(C) Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for designated unit leaders.
(D) Any other issues the Secretary considers appropriate.
(a) Metrics required.—The Secretary of Defense, acting through the Director of Administration and Management and in coordination with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense.
(b) Elements.—In developing the metrics required by subsection (a), the Director shall—
(1) using the current literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense;
(2) assess the current business processes of the Department and provide recommendations to align the metrics with available data sources to determine what gaps might exist in such processes;
(3) ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis;
(4) link the metrics with the Strategic Management Plan and other performance documents guiding the Department;
(5) identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics;
(6) revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress;
(7) improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed;
(8) incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component-level metrics; and
(9) increase standardization of the use and collection of business health metrics across the Department.
(c) Additional support.—In developing the metrics required by subsection (a), the Director may leverage support from an existing federally funded research and development center or university-affiliated research center.
(d) Briefing required.—Not later than January 30, 2025, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the development of the metrics required by subsection (a).
(a) In general.—The Secretary of Defense shall select a federally funded research and development center or a university affiliated research center to conduct an independent assessment of the defense business enterprise architecture developed under section 2222(e) of title 10, United States Code.
(b) Elements.—The assessment required by subsection (a) shall include the following elements:
(1) An assessment of the effectiveness of the defense business enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense.
(2) A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture.
(3) An assessment of the adequacy of the defense business enterprise architecture in informing business process reengineering and being sufficiently responsive to changes in business processes over time.
(4) An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture.
(5) Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department.
(c) Interim briefing.—Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a).
(d) Final report.—Not later than January 30, 2025, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment required by subsection (a).
(a) In general.—During the period described in subsection (b), the Secretary of Defense may not—
(1) establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or
(2) fill any vacancies in positions in the Department with responsibility for such matters.
(b) Period described.—The period described in this subsection is the period—
(1) beginning on the date of the enactment of this Act; and
(2) ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024.
(a) Authority To transfer authorizations.—
(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2024 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).
(a) In general.—Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section:
“(a) In general.—The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 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 the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year.
“(b) Elements.—The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements:
“(1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in.
“(2) Appropriations sub-account.
“(3) The appropriate program element, line item number, or sub-activity group.
“(4) Program, project, or activity name.
“(5) Prior year enacted appropriation.
“(6) Prior year projected current year budget.
“(7) 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) The rationale for reduction or elimination.
“(c) Form.—The report required under subsection (a) shall be submitted in machine readable, electronic form.”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item:
Section 222a(c)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(i) the requirement that will be addressed which is not in the base budget request;
“(ii) the reason why the priority was not included in the base budget request;
“(iii) a description of previous funding to address the requirement;
“(iv) an assessment of the impact of the priority on the future years defense plan.”.
It is the sense of the Senate that—
(1) section 101 of the Fiscal Responsibility Act of 2023 (Public Law 118–5) imposes limits on discretionary spending in the defense and nondefense categories;
(2) if those spending limits for either category are breached, then across-the-board sequestration cuts are triggered on that category to eliminate the breach;
(3) the enactment of authorization and appropriations legislation for the Department of Defense will provide inherent cost savings that continuing resolutions do not provide;
(4) there are growing national security concerns that require additional funds beyond the revised security spending limit, to include continued support to the Ukrainian armed forces, additional munitions production, additional large surface combatants, shipbuilding industrial base modernization investments, submarine industrial base and supply chain management, additional production of wheeled and tracked combat vehicles, and emergent capabilities and exercises in the United States Indo-Pacific Command;
(5) as the Senate Majority Leader Chuck Schumer stated on June 1, 2023, “This debt ceiling deal does nothing to limit the Senate’s ability to appropriate emergency/supplemental funds to ensure our military capabilities are sufficient to deter China, Russia, and our other adversaries and respond to ongoing and growing national security threats, including Russia’s ongoing war of aggression against Ukraine, our ongoing competition with China and its growing threat to Taiwan, Iranian threats to American interests and those of our partners in the Middle East, or any other emerging security crisis; nor does this debt ceiling deal limit the Senate’s ability to appropriate emergency/supplemental funds to respond to various national issues, such as disaster relief, or combating the fentanyl crisis, or other issues of national importance.”; and
(6) the President should expeditiously send emergency funding requests to the Senate for consideration so that those needs can receive sufficient and additional funds.
(a) Sense of Senate.—It is the sense of the Senate that—
(1) fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States;
(2) transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure;
(3) combating fentanyl trafficking demands—
(A) improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and
(B) whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same;
(4) it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and
(5) the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones.
(b) Development of strategy to counter fentanyl trafficking and report.—
(A) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking.
(B) CONTENTS.—The strategy required by subparagraph (A) shall outline how the Secretary of Defense will—
(i) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking;
(ii) support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces;
(iii) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains;
(iv) provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code;
(v) leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking;
(vi) assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code;
(vii) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department—
(I) support efforts to counter fentanyl trafficking; and
(II) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code;
(viii) use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and
(ix) evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities.
(C) FORM.—The strategy required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(D) BRIEFING.—Not later than 45 days after the submission of the strategy required by subparagraph (A), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation.
(2) REPORT ON LAW ENFORCEMENT REIMBURSEMENT.—The Secretary of Defense shall submit to the appropriate congressional committees a report on—
(A) any goods or services provided under section 1535 of title 31, United States Code (commonly known as the “Economy Act”), during the period beginning on January 1, 2010, and ending on the date on which the report is submitted, by the Department of Defense to Federal civilian law enforcement agencies for counterdrug and counter-transnational organized crime operations on the southern border of the United States; and
(B) any payments made for such goods or services under such section during such period.
(1) IN GENERAL.—The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl.
(2) REPORT ON ENHANCED SECURITY COOPERATION.—
(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in paragraph (1).
(B) CONTENTS.—The report required by subparagraph (A) shall include—
(i) an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking;
(ii) a description of limitations on such efforts, including limitations imposed by the Government of Mexico;
(iii) recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico;
(iv) recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and
(v) any other matter the Secretary considers relevant.
(C) FORM.—The report required by subparagraph (A) may be submitted in unclassified form but shall include a classified annex.
(d) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(2) FENTANYL.—The term “fentanyl” means fentanyl and any fentanyl-related substance.
(3) FENTANYL-RELATED SUBSTANCE.—The term “fentanyl-related substance”—
(A) means any substance that is structurally related to fentanyl by 1 or more modifications of—
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and
(v) replacement of the N-propionyl group with another acyl group; and
(B) does not include a substance described in subparagraph (A) that is—
(i) controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act (21 U.S.C. 811);
(ii) expressly listed in Schedule I of section 202(c) of that Act (21 U.S.C. 812) or another schedule by a statutory provision; or
(iii) removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act (21 U.S.C. 811(k)).
(4) ILLEGAL MEANS.—The term “illegal means” includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense.
(5) SECURITY COOPERATION PROGRAM.—The term “security cooperation program” has the meaning given that term in section 301 of title 10, United States Code.
(6) TRANSNATIONAL CRIMINAL ORGANIZATION.—
(A) IN GENERAL.—The term “transnational criminal organization” means a group, network, and associated individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gain, wholly or in part by illegal means, while advancing their activities through a pattern of crime, corruption, or violence and protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.
(B) ADDITIONAL ORGANIZATIONS.—The term “transnational criminal organization” includes any transnational criminal organization identified in the most recent Drug Threat Assessment of the Drug Enforcement Agency.
Section 284(b)(9) of title 10, United States Code, is amended by striking “linguist and intelligence analysis” and inserting “linguist, intelligence analysis, and planning”.
Section 284(i)(3) of title 10, United States Code, is amended by striking “$750,000” and inserting “$1,500,000”.
(a) Pilot program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish a pilot program to assess the feasibility and advisability of building the capacity of armed forces of Mexico in the United States on goals, jointly agreed to by the Governments of the United States and Mexico, to counter the threat posed by transnational criminal organizations, including through—
(1) operations designed, at least in part, by the United States, to counter that threat; and
(2) in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations—
(A) joint network analysis;
(B) counter threat financing;
(C) counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and
(D) assessments of key nodes of activity of transnational criminal organizations.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan for implementing the pilot program required by subsection (a) over a period of five years, including the costs of administering the program during such period.
(2) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Section 2218(f)(3) of title 10, United States Code, is amended—
(1) by striking subparagraphs (C), (E) and (G); and
(2) by redesignating subparagraphs (D) and (F) as subparagraphs (C) and (D), respectively.
Section 8062 of title 10, United States Code, is amended—
(A) in paragraph (2), by striking “and” at the end;
(B) in paragraph (3), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(4) the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment.”; and
(2) by redesignating the second subsection (g) (defining amphibious warfare ship) as subsection (h).
None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels:
(1) USS Germantown (LSD 42).
(2) USS Gunston Hall (LSD 44).
(3) USS Tortuga (LSD 46).
(4) USS Shiloh (CG 67).
(a) Report required.—Not later than February 29, 2024, the Secretary of the Navy, in coordination with the Secretary of the Army, shall submit to the congressional defense committees a report on the feasibility of conducting a joint Army and Navy effort to develop and field a family of watercraft vessels to support the implementation of the Marine Corps concept of expeditionary advanced base operations and Army operations in maritime environments.
(b) Elements.—The report required by subsection (a) shall include an assessment of whether a shared base platform could meet requirements of the Department of the Navy and the Department of the Army, and, if so, an assessment of the benefits and challenges of procuring a technical data package to allow simultaneous construction of such platform by multiple builders and using block buy authorities.
Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most recently amended by section 1034 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “2023” and inserting “2024”.
Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1953), as most recently amended by section 1031 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “December 31, 2023” and inserting “December 31, 2024”.
Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954), as most recently amended by section 1032 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “December 31, 2023” and inserting “December 31, 2024”.
Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954), as most recently amended by section 1033 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “December 31, 2023” and inserting “December 31, 2024”.
Section 6(b)(1)(B) of the Joint Resolution entitled “A Joint Resolution to approve the ‘Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America’, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in the matter preceding clause (i), by striking “December 31, 2023” and inserting “December 31, 2029”.
Section 1701(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by striking “may not be included in the budget accounts” and inserting “may be included in the budget accounts”.
(a) Administrative due process procedures for covered individuals seeking or having access to classified information or sensitive compartment information.—
(1) IN GENERAL.—Each head of a component of the Department of Defense shall provide to each covered individual described in paragraph (2) of such component seeking or having access to classified information or sensitive compartment information with administrative due process procedures described in paragraph (3) through the Defense Office of Hearings and Appeals.
(2) COVERED INDIVIDUAL DESCRIBED.—A covered individual described in this paragraph is a member of the Armed Forces, a civilian employee employed by a component of the Department of Defense, or a contractor employee described in Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities), or successor manual.
(3) ADMINISTRATIVE DUE PROCESS PROCEDURES DESCRIBED.—The administrative due process procedures described in this paragraph are the administrative due process procedures described in Department of Defense Directive 5220.6 (relating to Defense Industrial Personnel Security Clearance Review Program), or successor directive, and Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding classified information within industry).
(b) Hearings, appeals, and final denials and revocations of security clearance eligibility.—In order to simplify, centralize, and unify the administrative processes for unfavorable security clearance eligibility determinations for covered individuals described in subsection (a)(2), the Secretary of Defense shall ensure that all hearings, appeals, and final denials and revocations of security clearance eligibility are performed by the Defense Office of Hearings and Appeals with administrative due process procedures.
(c) Updates to Department of Defense manuals.—The Secretary of Defense shall update Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program) and Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities) to conform with the requirements of subsections (a) and (b).
(d) Authority of Director of Defense Office of Hearings and Appeals to render eligibility determinations for access to classified information and sensitive compartmented information.—The Director of the Defense Office of Hearings and Appeals may render eligibility determinations for access to classified information and sensitive compartmented information pursuant to procedures and guidelines that the Director shall issue in consultation with the Director of National Intelligence.
(e) Dissemination of security relevant information.—
(1) REQUEST FOR SHARING REQUIRED.—In a case in which a contractor or civilian employee of the Federal Government holding an active security clearance is seeking to transfer that clearance for a new position in the Department of Defense and in which an agency or department of the Federal Government possesses security relevant information about that clearance holder that is related to eligibility for access to classified information and makes known the existence of such security relevant information in the commonly accessible security clearance databases of the Federal Government, but without taking any action to suspend or revoke that clearance holder’s security clearance, the Department of Defense component considering the transfer of a clearance shall promptly make a request to receive the security relevant information from the agency or department in possession of such information.
(2) FAILURE TO SHARE.—In a case in which an agency or department of the Federal Government receives a request to share security relevant information about a clearance holder pursuant to paragraph (1) but fails to do so within 30 days of the date on which the request is made, such failure shall trigger procedural and substantive due process rights, established for the purposes of carrying out this section, for the clearance holder to challenge the security relevant information as if the information were the equivalent of a suspension, denial, or revocation of the underlying clearance.
(f) Protections.—Members of the Armed Forces and civilian employees of the Department of Defense may not be suspended without pay because a security clearance is suspended or revoked prior to the conclusion of any appeal process to enable such members and employee to support themselves during an appeal process and to support themselves without resigning from Government employment and thereby losing standing to appeal the suspension or revocation of access to classified information.
(g) Effective date; applicability.—
(1) EFFECTIVE DATE.—This section shall take effect on the earlier of—
(A) the date on which the General Counsel of the Department of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Defense Office of Hearings and Appeals is prepared for the provisions of this section to take effect; or
(B) September 30, 2024.
(2) APPLICABILITY.—This section shall apply to revocations of eligibility to access classified information or sensitive compartmented information that occur on or after the date on which this section takes effect pursuant to paragraph (1).
(h) Rule of construction.—Nothing in this section shall be construed to diminish or otherwise affect the authority of the head of a component of the Department to suspend access to classified information or a special access program, including sensitive compartmented information, in exigent circumstances, should the head determine that continued access of a covered individual is inconsistent with protecting the national security of the United States.
(a) In general.—Section 408 of title 10, United States Code, is amended—
(1) in the section heading, by striking “Equipment and training of foreign personnel to assist in” and inserting “Assistance in support of”;
(2) in subsection (b), by adding at the end the following new paragraph:
“(5) Funds.”;
(3) by striking subsections (d) and (f);
(4) by redesignating subsection (e) as subsection (d); and
(5) by adding at the end the following new subsection:
“(e) Annual report.—Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.”.
(b) Table of sections amendment.—The table of sections at the beginning of chapter 20 of title 10, United States Code, is amended by striking the item relating to section 408 and inserting the following new item:
“408. Assistance in support of Department of Defense accounting for missing United States Government personnel.”.
Section 2241 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Implementation of Vienna Document 2011.—Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.”.
(a) Requirement to authorize use of post office.—Section 406 of title 39, United States Code, is amended by striking “may authorize the use” and inserting “shall authorize the use”.
(b) Briefing requirement.—Not later than March 1, 2024, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the revision of the Financial Management Regulation to authorize individuals under subparagraph (A) of section 406(c)(1) of title 39, United States Code, as amended by subsection (a), to utilize the authority provided under such subparagraph. If there is a determination that this authority is not feasible for a legal or financial reason, the Secretary shall include the background for those determinations in the briefing.
(a) Removal of time limitations.—Section 714(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (6) as paragraph (7);
(A) by redesignating subparagraph (C) as paragraph (6) and moving such paragraph, as so redesignated, two ems to the left; and
(B) by striking “Duration of protection.—” and all that follows through the period at the end of subparagraph (B) and inserting “Duration of protection.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection.”;
(3) in subparagraph (A) of paragraph (7), as redesignated by paragraph (1) of this subsection, by striking “and of each determination under paragraph (5)(B) to extend such protection and security”.
(b) Authorization of reimbursement or acquisition of security services.—Section 714 of title 10, United States Code, is further amended by adding at the end the following new subsection:
“(e) Reimbursement.—The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.”.
(a) In general.—Not later than March 1, 2024, and annually thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on a publicly available internet website a list of capabilities required to expand accounting for persons missing from designated past conflicts and provide a briefing to Congress on those capabilities.
(b) Authority to enter into agreements.—The Defense POW/MIA Accounting Agency may enter into agreements with universities or research organizations to provide additional capabilities for specialized missions or research requirements.
(a) Benefits.—Section 1062 of title 10, United States Code, is amended—
(1) by striking “The Secretary of Defense” and inserting the following:
“(a) Certain unremarried former spouses.—The Secretary of Defense”;
(2) by striking “commissary and exchange privileges” and inserting “use commissary stores and MWR retail facilities”;
(3) by adding at the end the following new subsection:
“(b) Certain remarried surviving spouses.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.”; and
(4) by adding at the end the following new subsection:
“(c) MWR retail facilities defined.—In this section, the term ‘MWR retail facilities’ has the meaning given that term in section 1063(e) of this title.”.
(1) SECTION HEADING.—The heading of section 1062 of title 10, United States Code, is amended to read as follows:
(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item:
“1062. Certain former spouses and surviving spouses.”.
(c) Regulations.—The Secretary of Defense shall publish the regulations required under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), by not later than October 1, 2025.
(a) In general.—Not later than March 31, 2024, and annually thereafter through March 31, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate implementation of Force Design 2030.
(b) Briefing requirement.—Not later than September 30, 2024, and annually thereafter through September 30, 2030, the Commandant of the Marine Corps shall provide a briefing on the elements described under subsection (c).
(c) Elements.—The report required under subsection (a) and briefing required under subsection (b) shall include the following elements:
(1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, Joint Warfighting Concept (and associated Concept Required Capabilities), and other planning processes that informed Force Design 2030.
(2) An inventory and assessment of Force Design-related exercises and experimentation beginning in fiscal year 2020, including which capabilities were involved and the extent to which such exercises and experiments validated or militated against proposed capability investments.
(3) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including—
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or reduced;
(C) the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage;
(D) the rationale and context behind such divestment;
(E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the Marine Corps’ ability to meet the requirements of the Global Force Management process and the operational plans, including through new investments, additional joint planning and training, or other methods; and
(F) an assessment of the Marine Corps’ recruitment and retention actual and projected percentages starting in fiscal year 2020.
(4) An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including—
(A) capability name;
(B) capability purpose and context;
(C) capability being replaced (or not applicable);
(D) date of initial operational capability;
(E) date of full operational capability;
(F) deliveries of units by year; and
(G) approved acquisition objective or similar inventory objective.
(5) A description of the amphibious warfare ship and maritime mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including a detailed statement of the planning assumptions about readiness of amphibious warfare ships and maritime mobility platforms that were used in developing the requirements.
(6) An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other military services.
(7) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the previous two fiscal years and the expected ability to generate forces for the next two fiscal years.
(8) An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to availability of amphibious ships comprising an Amphibious Ready Group over the previous two fiscal years and the expected availability for the next two fiscal years.
(9) An assessment by the Marine Corps of its compliance with the statutory organization prescribed in section 8063 of title 10, United States Code, that “[t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein”.
(10) An assessment by the Marine Corps of its compliance with the statutory functions prescribed in section 8063 of title 10, United States Code, that “[t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign”.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a plan for converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the “Joint Interagency Task Force North”.
(b) Elements.—The plan required by subsection (a) shall include the following:
(1) A description of the mission of the Joint Interagency Task Force North.
(2) A detailed description of the resources of the Department of Defense, including personnel, facilities, and operating costs, necessary to convert the Joint Task Force North into a joint interagency task force.
(A) each relevant department and agency of the United States Government the participation in the Joint Interagency Task Force North of which is necessary in order to enable the Joint Interagency Task Force North to effectively carry out its mission; and
(B) the interagency arrangements necessary to ensure effective participation by each such department and agency.
(4) An identification of each international liaison necessary for the Joint Interagency Task Force North to effectively carry out its mission.
(5) A description of the bilateral and multilateral agreements with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North.
(6) A description of the relationship between the Joint Interagency Task Force North and the Joint Interagency Task Force South of the United States Southern Command.
(7) A description of the relationship between the Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas.
(8) A recommendation on whether the Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of the Joint Interagency Task Force North would transition to one or more entities within the United States Government other than the United States Northern Command.
(9) Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission.
(c) Form.—The plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) Interim briefing.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on progress made in developing the plan required by subsection (a).
(a) In general.—Not later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of a study on the use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions.
(b) Scope.—The study conducted pursuant to subsection (a) shall—
(1) review both deployment and exercise requirements for tactical fighter aircraft and bomber aircraft levied by each geographic combatant command;
(2) assess deployable forces currently available to fulfill each of those requirements, and whether those forces are adequate to meet the global requirements;
(3) review any relevant tactical fighter forces or bomber forces that are not considered deployable or available to meet combatant command requirements, and consider whether that status can or should change;
(4) assess whether adequate consideration has been put into fighter coverage of the homeland during these deployments, in particular within the Alaska Area of Responsibility and the Hawaii Area of Responsibility; and
(5) assess Air Force and Navy active duty, Air National Guard, and reserve land-based tactical fighter units that could be considered for inclusion into homeland defense mission requirements.
(a) Consolidated budget quarterly report on use of funds.—Section 381(b) of title 10, United States Code, is amended—
(1) in the subsection heading, by striking “Quarterly report” and inserting “Semiannual report”;
(2) by striking “calendar quarter ” and inserting “calendar half”; and
(3) by striking “such calendar quarter” and inserting “such calendar half”.
(b) Monthly counterterrorism operations briefing.—
(1) IN GENERAL.—Section 485 of title 10, United States Code, is amended—
(A) in the section heading, by striking “Monthly” and inserting “Quarterly”; and
(B) in subsection (a), by striking “monthly” and inserting “quarterly”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item:
“485. Quarterly counterterrorism operations briefings.”.
(c) National security strategy for the National Technology and Industrial Base.—Section 4811(a) of title 10, United States Code, is amended by striking “The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).” and inserting “The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title.”.
(d) National Technology and Industrial Base report and quarterly briefing.—
(1) IN GENERAL.—Section 4814 of title 10, United States Code, is amended—
(A) by amending the section heading to read as follows:
“§ 4814. National Technology and Industrial Base: biennial report”;
(B) by striking “(a) Annual report.—”;
(C) by striking “March 1 of each year” and inserting “March 1 of each odd-numbered year”; and
(D) by striking subsection (b).
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following:
“4814. National Technology and Industrial Base: biennial report.”.
(3) CONFORMING AMENDMENT.—Section 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking subparagraph (A).
(e) Annual military cyberspace operations report.—Section 1644 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 394 note; Public Law 116–92) is amended—
(1) in subsection (a) in the matter preceding paragraph (1) in the first sentence—
(A) by inserting “effects” after “all named military cyberspace”; and
(B) by striking “, operations, cyber effects enabling operations, and cyber operations conducted as defensive operations” and inserting “conducted for either offensive or defensive purposes”; and
(2) in subsection (c), by inserting “or cyber effects operations for which Congress has otherwise been provided notice” before the period.
(f) Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure.—Section 1753 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92, 133 Stat. 1852) is hereby repealed.
(g) Extension and modification of authority to provide assistance to the vetted syrian opposition.—Section 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—
(1) in the subsection heading, by striking “Quarterly” and inserting “Semiannual”; and
(A) in the matter preceding subparagraph (A), by striking “quarterly” and inserting “semiannual”; and
(B) in subparagraph (A), by striking “90-day” and inserting “180-day”.
(h) Extension of authority to provide assistance to counter the islamic state of Iraq and Syria.—Section 1233(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—
(1) in the heading, by striking “Quarterly” and inserting “Semiannual”; and
(2) in paragraph (1) in the second sentence of the matter preceding subparagraph (A), by striking “quarterly” and inserting “semiannual”.
(i) Theft, loss, or release of biological select agents or toxins involving Department of Defense.—Section 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 1528(a)) is amended to read as follows:
“(a) Notification.— (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.
“(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.
“(3) In this subsection, the term ‘covered report’ means a report filed under any of the following (or any successor regulations):
“(A) Section 331.19 of title 7, Code of Federal Regulations.
“(B) Section 121.19 of title 9, Code of Federal Regulations.
“(C) Section 73.19 of title 42, Code of Federal Regulations.”.
(j) Department of Defense security cooperation workforce development.—Section 1250(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2529) is amended—
(1) in paragraph (1), by striking “each year” and inserting “every other year”; and
(2) in paragraph (2) in the matter preceding subparagraph (A), by striking “for the fiscal year” and inserting “for the fiscal years”.
(k) Audit of Department of Defense financial statements.—Section 240a of title 10, United States Code, is amended—
(1) by striking “(a) Annual audit required.—”; and
(2) by striking subsection (b).
(l) Financial improvement and audit remediation plan.—Section 240b(b) of title 10, United States Code, is amended—
(A) in subparagraph (A), by striking “June 30, 2019, and annually thereafter” and inserting “July 31 each year”;
(i) by striking clauses (vii) through (x); and
(ii) by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and
(C) by striking subparagraph (C); and
(i) by striking “June 30” and inserting “July 31”; and
(ii) by striking the second sentence; and
(i) by striking “June 30” and inserting “July 31”; and
(ii) by striking the second sentence.
(m) Annual reports on funding.—Section 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking “five days” and inserting “10 days”.
(a) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report on equipping platoon-sized ground combat formations with covered small unmanned aerial systems.
(b) Elements.—The report submitted pursuant to subsection (a) shall address the following:
(1) The use of covered small unmanned aerial systems in the Ukraine conflict and best practices learned.
(2) The potential use of covered small unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces.
(3) Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding covered small unmanned aerial systems at the platoon level.
(4) A plan to equip platoon-sized ground combat formations in the close combat force with covered small unmanned aerial systems at a basis of issue deemed appropriate by the relevant secretary, including a proposed timeline and fielding strategy.
(5) A plan to equip such other ground combat units with covered small unmanned aerial systems as deemed appropriate by the relevant secretaries.
(6) An assessment of appropriate mission allocation between Group 3 unmanned aerial systems, Group 1 unmanned aerial systems, and covered small unmanned aerial systems.
(c) Definition of covered small unmanned aerial system.—In this section, the term “covered small unmanned aerial system” means a lightweight, low-cost, and commercially available unmanned aerial system or drone able to be quickly deployed for—
(1) intelligence, surveillance, target acquisition, and reconnaissance;
(2) conducting offensive strikes; or
(3) other functions as deemed appropriate by the relevant secretaries.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center to conduct an independent review, assessment, and analysis of the Marine Corps modernization initiatives. The required report shall be submitted to the congressional defense committees in written report form not later than one year after entering into the contract.
(b) Elements.—The report required under subsection (a) shall include the following elements:
(1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements.
(2) An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between different options.
(3) An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Marine Corps’ published Force Design modernization plan on a timeline and at production rates sufficient to sustain military operations.
(4) An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization.
(5) An assessment of whether the Marine Corps is in compliance with the statutory organization and functions prescribed in section 8063 of title 10, United States Code.
(6) An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, in light of the published Force Design plan.
(7) The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts.
(8) An assessment of whether the Marine Corps’ modernization is consistent with the strategy of integrated deterrence.
(9) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure.
(10) The extent to which the Marine Corps’ published plan for modernized capabilities can be integrated across the Joint Force, to include warfighting concepts at the combatant command level.
(11) The extent to which the Marine Corps’ modernization efforts currently meet the requirements of combatant commanders’ current plans and global force management operations, to include a description of what mechanisms exist to ensure geographic combatant requirements inform Marine Corps modernization efforts.
(12) The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods support the changes incorporated into the Marine Corps’ modernization initiatives, to include underlying assumptions and outcomes of such analyses.
(13) An inventory of extant or planned investments as part of the Marine Corps’ modernization efforts, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability:
(A) Command and Control.
(B) Information.
(C) Intelligence.
(D) Fires.
(E) Movement and Maneuver.
(F) Protection.
(G) Sustainment.
(14) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including—
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or reduced;
(C) the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage;
(D) the rationale and context behind such divestment; and
(E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans.
(15) An assessment of how observations regarding the invasion and defense of Ukraine affect the feasibility, advisability, and suitability of the Marine Corps’ published modernization plans.
(c) Classification of report.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, prioritizing production and processing in the United States, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035.
(2) ELEMENTS.—The strategy required by paragraph (1) shall—
(A) identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries;
(B) identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable, prioritizing production and processing in the United States;
(C) evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to expand supply chains and processing capacity for critical minerals in the United States;
(D) evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States;
(E) evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to expand supply chains and processing capacity for critical minerals in the United States and in countries that are allies or partners of the United States;
(F) identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries;
(G) identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department;
(H) identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and
(I) prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, prioritizing production and processing in the United States, and taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals.
(3) FORM OF STRATEGY.—The strategy required by paragraph (1) shall be submitted in classified form but shall include an unclassified summary.
(b) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(2) COVERED COUNTRY.—The term “covered country” means—
(A) a covered nation, as defined in section 4872, title 10, United States Code; and
(B) any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act.
(3) CRITICAL MINERAL.—The term “critical mineral” means a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense determines to be important to the national security of the United States for purposes of this Act.
(4) SHORTFALL MATERIAL.—The term “shortfall material” means materials determined to be in shortfall in the most recent report on stockpile requirements submitted to Congress under subsection (a) of section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5) and included in the most recent briefing required by subsection (f) of that section.
(a) In general.—Not later than February 1, 2024, and every 90 days thereafter through February 1, 2026, the Secretary of Defense shall provide a briefing to the congressional defense committees on efforts to bolster homeland defense, which is the top priority under the 2022 National Defense Strategy.
(b) Contents.—Each briefing required by subsection (a) shall include the following:
(1) A summary of any update made to the homeland defense planning guidance of the Department of Defense during the preceding quarter.
(2) An update on the latest threats to the homeland posed by the Government of the People's Republic of China, the Government of the Russian Federation, the Government of the Democratic People's Republic of Korea, the Government of Iran, and any other adversary.
(3) A description of actions taken by the Department during the preceding quarter to mitigate such threats.
(4) An assessment of threats to the homeland in the event of a conflict with any adversary referred to in paragraph (2).
(5) A description of actions taken by the Department during the preceding quarter to bolster homeland defense in the event of such a conflict.
(6) An update on coordination by the Department with Federal, State, and Tribal agencies to bolster homeland defense.
(7) Any other matter the Secretary considers relevant.
(a) Sense of Senate.—It is the sense of the Senate that—
(1) special operations forces have a vital and increasing role to play in strategic competition in addition to conducting counterterrorism operations and responding to crises;
(2) the demand for special operations forces and related capabilities by combatant commanders continues to exceed supply;
(3) special operations forces cannot be mass produced during a crisis;
(4) most special operations require non-special operations forces support, including engineers, technicians, intelligence analysts, and logisticians;
(5) reductions to special operations forces, including critical enablers, would dramatically and negatively impact available options for combatant commanders to engage in strategic competition, carry out counterterrorism operations, and respond to crises; and
(6) the Secretary of Defense should not consider any reductions to special operations force structure until after the completion of a comprehensive analysis of special operations force structure and a determination that any planned changes would not have a negative impact on the ability of combatant commanders to support strategic competition, counter terrorism, and respond to crises.
(b) Report.—Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report assessing the optimal force structure for special operations forces that includes the following elements:
(1) A description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code.
(2) A description of ongoing special operations activities, as described in section 167(k) of title 10, United States Code.
(3) An assessment of potential future national security threats to the United States across the spectrum of competition and conflict.
(4) A description of ongoing counterterrorism and contingency operations of the United States.
(5) A detailed accounting of the demand for special operations forces by geographic combatant command.
(6) A description of the role of emerging technology on special operations forces.
(7) An assessment of current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces.
(8) An assessment of the size, composition, and organizational structure of the military services’ special operations command headquarters and subordinate headquarters elements.
(9) An assessment of the readiness of special operations forces for assigned missions and future conflicts.
(10) An assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code.
(11) A description of the role of special operations forces in supporting the Joint Concept for Competing.
(12) Any other matters deemed relevant by the Secretary.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on countering industrial espionage.
(b) Elements.—The request required under subsection (a) shall include the following elements:
(1) A description of commercial and organically developed tools employed by the Department of Defense to—
(A) assess the risks of foreign malign ownership, control, or influence within the defense industrial base;
(B) mitigate vulnerability associated with, but no limited to, the People's Republic of China's, the Russian Federation's, Iran's, or North Korea's foreign ownership, control, or influence of any part of the acquisition supply chain; and
(C) vet program personnel to identify technologies and program components most at risk for industrial espionage.
(2) A description of specific commercial solutions the Department is currently leveraging to assess and mitigate these risks.
(a) Plan.—Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit a plan to the congressional defense committees for coordinating with defense partners in North America and South America and supporting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human trafficking by transnational criminal organizations.
(b) Elements of plan.—The plan under subsection (a) shall include—
(1) a description of the threat to United States security from human trafficking operations;
(2) a description of the authorities of the Department of Defense for the purposes specified in subsection (a);
(3) a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and
(4) any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations.
(c) Briefing.—Not later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the congressional defense committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations.
(a) In general.—Not later than April 30, 2024, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and report on whether United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States.
(b) Elements.—The briefing and report required by subsection (a) shall—
(A) the presence and activities in Cuba of the militaries of foreign governments, such as the Russian Federation and the People's Republic of China; and
(B) to what extent the presence and activities of those militaries could compromise the national security of the United States or of United States allies and partners; and
(A) options for dealing with the presence and activities of those militaries in Cuba; and
(B) how different use by the United States of United States Naval Station, Guantanamo Bay, might mitigate risk.
(a) Sense of Congress.—It is the sense of Congress that—
(1) the People's Republic of China’s dominant share of the global minerals market is a threat to the economic stability, well being, and competitiveness of key industries in the United States;
(2) the United States should reduce reliance on the People's Republic of China for critical minerals through—
(A) strategic investments in development projects, production technologies, and refining facilities in the United States; and
(B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and
(3) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals.
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People’s Republic of China’s control of nearly 2⁄3 of the global supply of critical minerals.
(2) ELEMENTS.—The report required by paragraph (1) shall include—
(A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and
(B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of critical minerals.
(3) OFFICIALS SPECIFIED.—The officials specified in this paragraph are the following:
(A) The Secretary of Commerce.
(B) The Chief Executive Officer of the United States International Development Finance Corporation.
(C) The Secretary of Energy.
(D) The Director of the United States Geological Survey.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.
(a) Affirming the authority of the Secretary of Defense to conduct irregular warfare.—Congress affirms that the Secretary of Defense is authorized to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States.
(b) Definition required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, for the purposes of joint doctrine, define the term “irregular warfare”.
(c) Rule of construction.—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following:
(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
(2) The introduction of United States Armed Forces, within the meaning of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.), into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
(a) Implementation update and briefings required.—Not later than March 1, 2024, and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide the congressional defense committees with a written update with accompanying briefing on the implementation of the Joint Concept for Competing, released on February 10, 2023.
(b) Elements.—At a minimum, the written updates and briefings required by subsection (a) shall include—
(1) a detailed description of the Joint Staff’s efforts to develop integrated competitive strategies to address the challenges posed by specific adversaries, including those designed to—
(A) deter aggression;
(B) prepare for armed conflict, if necessary;
(C) counter the competitive strategies of adversaries; and
(D) support the efforts of interagency, allies and foreign partners, and interorganizational partners;
(2) an identification of relevant updates to joint doctrine and professional military education;
(3) an update on the Joint Concept for Competing’s concept required capabilities;
(4) an explanation of the integration of the Joint Concept for Competing with other ongoing and future joint force development and design efforts;
(5) a description of efforts to operationalize the Joint Concept for Competing through a structured approach, including to provide strategic guidance and direction, identify and optimize Joint Force interdependencies with interagency and allied partners, and inform and guide joint force development and design processes;
(6) an articulation of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing;
(7) a description of efforts to coordinate and synchronize Department of Defense activities with those of other interagency and foreign partners for the purpose of integrated campaigning;
(8) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of other interagency and foreign partners;
(9) an identification of any changes to authorities and resources necessary to fully implement the Joint Concept for Competing; and
(10) a description of any other matters deemed relevant by the Chairman of the Joint Chiefs of Staff.
(a) Office of the Chairman of the Joint Chiefs of Staff.—Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the following reports are submitted to the Committees on Armed Services of the Senate and the House of Representatives:
(1) The 2021 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2021.
(2) The 2023 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2023.
(b) Office of the Secretary of Defense.—Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives:
(1) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(1), if applicable.
(2) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(2), if applicable.
(c) Briefing requirement.—Section 153 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Briefing requirement.— (1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section.
“(2) The briefing shall include—
“(A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph;
“(B) an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and
“(C) if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives.”.
(a) In general.—The Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level (BSL)–3 or higher for safety or security reasons.
(b) Content.—The notification required under subsection (a) shall include—
(1) the reason why operations have ceased at the laboratory or facility;
(2) whether appropriate notification to other Federal agencies has occurred;
(3) a description of the actions taken to determine the root cause of the cessation; and
(4) a description of the actions taken to restore operations at the laboratory or facility.
(a) Assessment.—The Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the capacity of existing infrastructure, resources, and personnel available in Guam to meet Indo-Pacific Command strategic objectives.
(b) Elements.—The assessment under subsection (a) shall include the following elements:
(1) An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region.
(2) An assessment of whether current infrastructure, capacity, resources, and personnel in Guam is sufficient to meet the expected demands during relevant operations and contingency scenarios.
(3) An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including the resilience of such infrastructure in the event of a natural disaster and the vulnerability of such infrastructure to cyber threats.
(4) Recommendations to improve current infrastructure, capacity, resources, and personnel in Guam, to include the need for recruiting and retention programs, such as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam.
(5) An assessment of the implementation of Joint Task Force Micronesia, including the Commander’s assessment of requirements for funding, resources, and personnel as compared to what has been programmed in the fiscal year 2024 Future Years Defense Program.
(6) Timeline and estimated costs by location and project to support both existing and future roles in the region.
(7) Any other matters determined relevant by the Secretary.
(c) Report.—Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the assessment required under subsection (a).
(a) Pilot program for combatant command use of Defense Acquisition Workforce Development Account.—Each geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two acquisition specialists or contracting officers to advise the combatant command on foreign arms transfer processes, including the foreign military sales and direct commercial sales processes, for the purpose of facilitating the effective implementation of such processes.
(1) IN GENERAL.—Not later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an industry day—
(A) to raise awareness and understanding among officials of foreign governments, embassy personnel, and industry representatives with respect to the role of the Department of Defense in implementing the foreign military sales and direct commercial sales processes; and
(i) within the United States private sector with respect to—
(I) foreign demand for United States weapon systems; and
(II) potential foreign industry partnering opportunities; and
(ii) among officials of foreign governments and embassy personal with respect to potential United States material solutions for capability needs.
(2) FORMAT.—In conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the commercial defense industry and government officials while minimizing cost, by—
(A) convening the industry day at the unclassified security level;
(B) making the industry day publicly accessible through teleconference or other virtual means; and
(C) disseminating any supporting materials by posting the materials on a publicly accessible internet website.
(c) Senior-level industry advisory group.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the commercial defense industry, shall establish a senior-level industry advisory group, modeled on the Defense Trade Advisory Group of the Department of State and the Industry Trade Advisory Committees of the Department of Commerce, for the purpose of focusing on the role of the Department of Defense in the foreign military sales process.
(2) BRIEFING.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish the group described in paragraph (1).
(d) Department of Defense points of contact for foreign military sales.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each establish a single point of contact—
(A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and
(B) to respond to inquiries from representatives of the commercial defense industry and partner countries.
(2) POINTS OF CONTACT.—The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for the corresponding point of contact established under paragraph (1) is—
(A) publicized at each industry day conducted under subsection (b); and
(B) disseminated among the members of the advisory group established under subsection (f).
(e) Combatant command needs for exportability.—Not later than July 1 each year until 2030, the commander of each geographic combatant command shall provide to the Under Secretary of Defense for Acquisition and Sustainment a list of systems relating to research and development or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the commander.
(f) Sunset.—This section shall cease to have effect on December 31, 2028.
(a) Appointment of Chairman; grade and rank.—Section 152(c) of title 10, United States Code, is amended by striking “or, in the case of an officer of the Space Force, the equivalent grade,”.
(b) Joint Requirements Oversight Council.—Section 181(c)(1)(F) of such title is amended by striking “in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy” and inserting “in the grade of general”.
(c) Original appointments of commissioned officers.—Section 531(a) of such title is amended—
(1) in paragraph (1), by striking “and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force” and inserting “Regular Marine Corps, and Regular Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy”; and
(2) in paragraph (2), by striking “and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force” and inserting “Regular Marine Corps, and Regular Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy”.
(d) Service credit upon original appointment as a commissioned officer.—Section 533(b)(2) of such title is amended—
(1) by striking “, or Marine Corps, captain in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force or captain in the Navy”.
(e) Positions of importance and responsibility.—Section 601(e) of such title is amended—
(1) by striking “or Marine Corps” and inserting “Marine Corps, or Space Force, or”; and
(2) by striking “or the commensurate grades in the Space Force,”.
(f) Convening of selection boards.—Section 611(a) of such title is amended by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”.
(g) Information furnished to selection boards.—Section 615(a)(3) of such title is amended—
(1) in subparagraph (B)(i), by striking “, in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade” and inserting “or, in the case of the Navy, lieutenant”; and
(2) in subparagraph (D), by striking “in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade” and inserting “or, in the case of the Navy, rear admiral”.
(h) Special selection review boards.—Section 628a(a)(1)(A) of such title is amended by striking “, rear admiral in the Navy, or an equivalent grade in the Space Force” and inserting “or rear admiral in the Navy”.
(i) Rank: commissioned officers of the armed forces.—Section 741(a) of such title is amended in the table by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”.
(j) Regular commissioned officers.—Section 1370 of such title is amended—
(1) in subsection (a)(2), by striking “rear admiral in the Navy, or the equivalent grade in the Space Force” both places it appears and inserting “or rear admiral in the Navy”;
(i) in the matter preceding subparagraph (A), by striking “or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or lieutenant in the Navy”; and
(ii) in subparagraph (B), by striking “or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or rear admiral in the Navy”;
(B) in paragraph (4), by striking “or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or captain in the Navy”;
(i) in subparagraph (A), by striking “or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or lieutenant commander in the Navy”;
(ii) in subparagraph (B), by striking “or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or commander or captain in the Navy”; and
(iii) in subparagraph (C), by striking “or Marine Corps, rear admiral (lower half) or rear admiral in the Navy” and inserting “Marine Corps, or Space Corps, or rear admiral (lower half) or rear admiral in the Navy”; and
(D) in paragraph (6), by striking “, or an equivalent grade in the Space Force,”;
(3) in subsection (c)(1), by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or vice admiral or admiral in the Navy”;
(A) in paragraph (1), by striking “or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or rear admiral in the Navy”; and
(B) in paragraph (3), by striking “or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or captain in the Navy”;
(5) in subsection (e)(2), by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or vice admiral or admiral in the Navy”;
(i) in subparagraph (A), by striking “or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or rear admiral in the Navy”; and
(ii) in subparagraph (B), by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or vice admiral or admiral in the Navy”; and
(i) in subparagraph (A), by striking “or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force” and inserting “, Marine Corps, or Space Force, or rear admiral in the Navy”; and
(ii) in subparagraph (B), by striking “or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or vice admiral or admiral in the Navy”; and
(7) in subsection (g), by striking “or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force, or rear admiral in the Navy”.
(k) Officers entitled to retired pay for non-regular service.—Section 1370a of such title is amended—
(1) in subsection (d)(1), by striking “or Marine Corps” both places it appears and inserting “Marine Corps, or Space Force”; and
(2) in subsection (h), by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”.
(l) Retired base pay.—Section 1406(i)(3)(B)(v) of such title is amended by striking “The senior enlisted advisor of the Space Force” and inserting “Chief Master Sergeant of the Space Force”.
(m) Financial assistance program for specially selected members.—Section 2107 of such title is amended—
(A) by striking “, as a” and inserting “or as a”; and
(B) by striking “or Marine Corps, or as an officer in the equivalent grade in the Space Force” and inserting “Marine Corps, or Space Force”; and
(2) in subsection (d), by striking “lieutenant, ensign, or an equivalent grade in the Space Force,” and inserting “lieutenant or ensign,”.
(n) Designation of Space Systems Command as a field command of the United States Space Force.—Section 9016(b)(6)(B)(iv)(II) of title 10, United States Code, is amended by striking “Space and Missile Systems Center” and inserting “Space Systems Command”.
(o) Chief of Space Operations.—Section 9082 of such title is amended—
(1) in subsection (a), by striking “, flag, or equivalent” both places it appears; and
(2) in subsection (b), by striking “grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy” and inserting “grade of general”.
(p) Distinguished flying cross.—Section 9279(a) of such title is amended–
(1) by adding “or Space Force” after “Air Force”; and
(2) by adding “or space” after “aerial”.
(q) Airman’s medal.—Section 9280(a)(1) of such title is amended by adding “or Space Force” after “Air Force”.
(r) Retired grade of commissioned officers.—Section 9341 of such title is amended—
(1) in subsection (a)(2), by striking “or the Space Force”; and
(2) in subsection (b), by striking “or Reserve”.
(s) United States Air Force Institute of Technology: Administration.—Section 9414b(a)(2)(B) of such title is amended by striking “or the equivalent grade in the Space Force”.
(t) Air Force Academy permanent professors; Director of Admissions.—Section 9436 of such title is amended—
(A) in the first sentence, by striking “in the Air Force or the equivalent grade in the Space Force”;
(i) by inserting “or Regular Space Force” after “Regular Air Force”; and
(ii) by striking “and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force”; and
(C) in the third sentence, by striking “in the Air Force or the equivalent grade in the Space Force”; and
(A) in the first sentence, by striking “in the Air Force or the equivalent grade in the Space Force” both places it appears; and
(i) by inserting “or Regular Space Force” after “Regular Air Force”; and
(ii) by striking “and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force”.
(u) Cadets: degree and commission on graduation.—Section 9453(b) of such title is amended by striking “in the equivalent grade in”.
(v) Basic pay rates for enlisted members.—Footnote 2 of the table titled “ENLISTED MEMBERS” in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note) is amended by striking “the senior enlisted advisor of the Space Force” and inserting “Chief Master Sergeant of the Space Force”.
(w) Pay of senior enlisted members.—Section 210(c)(5) of title 37, United States Code, is amended by striking “the senior enlisted advisor of the Space Force” and inserting “the Chief Master Sergeant of the Space Force”.
(x) Personal money allowance.—Section 414(b) of title 37, United States Code, is amended by striking “the senior enlisted advisor of the Space Force” and inserting “the Chief Master Sergeant of the Space Force”.
(a) In general.—The Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command may each establish—
(1) a commercial integration cell within their respective combatant command for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and
(2) a chief technology officer position within their respective combatant command, who may—
(A) oversee such commercial integration cell; and
(B) report directly to the commander of the applicable combatant command.
(b) Requirements and authorities.—In establishing the commercial integration cells under subsection (a)(1), each commander described in that paragraph may—
(1) make the applicable commercial integration cell available to commercial entities with existing Government contracts up to the Top Secret/Sensitive Compartmented Information clearance level;
(2) ensure that such commercial integration cell is an information-sharing partnership rather than a service contract;
(3) in the case of a solution identified within the commercial integration cell that requires resources, work within existing resources or processes to request such resources; and
(4) integrate lessons learned from the commercial integration cells of the United States Space Command and the United States Central Command.
(c) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each provide to the Committees on Armed Services of the Senate and the House of Representatives—
(1) a briefing on whether a commercial integration cell was implemented and any related progress, including any challenges to implementation;
(2) in the case of a commander of a combatant command who chooses not to use the authority provided in this section to establish a commercial integration cell or a chief technology officer—
(A) an explanation for not using such authority; and
(B) a description of the manner in which such commander is otherwise addressing the need to integrate commercial solutions; and
(3) in the case of a combatant command that has an official performing a role similar to the role described for a chief technology officer under subsection (a)(2), a detailed description of the role performed by such official.
Section 1062 of the William M. (“Mac”) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2241 note) is amended by striking subsection (b).
(a) In general.—Section 702(7) of such Act (50 U.S.C. 4552(7)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right;
(2) by striking “The term” and inserting the following:
“(A) IN GENERAL.—Except as provided in subparagraph (B), the term”;
(3) in clause (ii), as redesignated by paragraph (1), by striking “subparagraph (A)” and inserting “clause (i)”; and
(4) by adding at the end the following new subparagraph (B):
“(B) DOMESTIC SOURCE FOR TITLE III.—
“(i) IN GENERAL.—For purposes of title III, the term ‘domestic source’ means a business concern that—
“(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—
“(aa) the United States or Canada; or
“(bb) subject to clause (ii), Australia or the United Kingdom; and
“(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.
“(ii) LIMITATIONS ON USE OF BUSINESS CONCERNS IN AUSTRALIA AND UNITED KINGDOM.—
“(I) IN GENERAL.—A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).
“(II) NATIONAL DEFENSE MATTERS.—For purposes of subclause (I), a national defense matter is a matter relating to the development or production of—
“(aa) a defense article, as defined in section 301 of title 10, United States Code; or
“(bb) a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)).”.
(b) Reports on exercise of title III authorities.—Title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by adding at the end the following new section:
“SEC. 305. Reports on exercise of authorities.
“(a) In general.—The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—
“(1) except as provided by paragraph (2), not later than 30 days after taking the action; and
“(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
“(1) IN GENERAL.—Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include—
“(A) a justification of the necessity of the use of authorities under this title; and
“(B) a description of the financial terms of any related financial transaction.
“(2) ADDITIONAL ELEMENTS RELATING TO BUSINESS CONCERNS IN THE UNITED KINGDOM OR AUSTRALIA.—Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—
“(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and
“(B) an analysis of why such business concerns were not available.
“(c) Appropriate congressional committees defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
“(2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.”.
(a) Policy.—It shall be a policy of the Armed Forces, including the reserve components, to establish appropriate and effective talent development and management policies and practices that allow for the military departments to present an adaptable, qualified workforce training and education standard with respect to computer programming skill needs for the workforce of the Department of Defense, including technical and nontechnical skills related to artificial intelligence and software coding.
(1) IN GENERAL.—The Secretary of Defense, in consultation with the Secretaries of each military department and the Chairman of the Joint Chiefs of Staff, shall develop a strategy to achieve the policy set forth in subsection (a).
(2) ELEMENTS.—The strategy required by paragraph (1) shall include—
(A) the development, funding, and execution of a coherent approach and transparent strategy across digital platforms and applications that enable development and presentation of forces with appropriate programmatic oversight for both active and reserve component workforces;
(B) the evaluation of the potential need for career field occupational codes or other service-specific talent management mechanisms aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering under the Department of Defense Cyber Workforce Framework to allow for the military departments to identify, assess, track, manage, and assign personnel with computer programming, coding, and artificial intelligence skills through established mechanisms, under the policies of the military departments with respect to career field management, including—
(i) development, modification, or revalidation of a career field or separate occupational code for computer programming occupational areas aligned with such work roles; and
(ii) development, modification, or revalidation of a unique special skills or experience designator or qualification, tracked independently of a career field, for computer programming occupational areas aligned with such work roles;
(C) the evaluation of current talent management processes to incorporate equivalency assessment as part of the qualification standard to accommodate experiences, training, or skills developed as a result of other work experience or training opportunities, including potentially from civilian occupations or commercially-available training courses
(D) assessment of members of the Armed Forces who have completed the qualification process of the military department concerned or who qualify based on existing skills and training across computer programming occupational areas; and
(E) maintaining data on, and longitudinal tracking of, members of the Armed Forces described in subparagraph (D).
(c) Responsibilities.—The Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall—
(1) be responsible for development and implementation of the policy set forth in subsection (a) and strategy required by subsection (b); and
(2) carry out that responsibility through an officer or employee of the military department assigned by the Secretary for that purpose.
(d) Duties.—In developing and providing for the implementation of the policy set forth in subsection (a) and strategy required by subsection (b), the Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the military department, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall establish and update relevant policies and practices to enable the talent development and management to provide a workforce capable of conducting computer programming, software coding, and artificial intelligence activities, including by meeting related manning, systems, training, and other related funding requirements.
(e) Strategy and implementation plans.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives the strategy required by subsection (b).
(2) IMPLEMENTATION PLANS REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a implementation plan for the strategy required by subsection (b), including identification of resource needs and areas where current internal policy or legal statutes may need to be updated.
(f) Definitions.—In this section:
(1) COMPUTER PROGRAMMING OCCUPATIONAL AREA.—The term “computer programming occupational area” means a technical or nontechnical occupational position that supports computer programming, coding, or artificial intelligence operations and development, including the following positions:
(A) Data scientists.
(B) Data engineers.
(C) Data analysts.
(D) Software developers.
(E) Machine learning engineers.
(F) Program managers.
(G) Acquisition professionals.
(2) DIGITAL PLATFORM OR APPLICATION.—The term “digital platform or application” means an online integrated personnel management system or human capital solution.
(3) QUALIFICATION PROCESS.—The term “qualification process”—
(A) means the process, modeled on a streamlined version of the process for obtaining joint qualifications, for training and verifying members of the Armed Forces to receive career field or occupational codes associated with computer programming occupational areas; and
(i) experiences, education, and training received as a part of military service, including fellowships, talent exchanges, positions within government, and educational courses; and
(ii) in the case of members of the reserve components, experiences, education, and training received in their civilian occupations.
(4) STANDARD.—The term “standard” means the defined, reviewed, and published standard for occupational series or career fields that provides a measurable standard by which the military departments can assess the ability to meet their operational planning and steady-state force presentation requirements during the global force management process.
(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c).
(b) Exception for safety.—Subsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary of Defense determines are unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed.
(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following:
(A) A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including methods for commanders to seek waivers to use such munitions.
(B) Projections covering the period of 10 years following the date of the report of—
(i) the inventory levels for all anti-personnel landmine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the munitions, storage and safety considerations, and any other factors that are expected to impact the size of the inventory;
(ii) the cost to achieve the inventory levels projected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and
(iii) the cost to develop and produce new anti-personnel landmine munitions the Secretary determines are necessary to meet the demands of operational plans.
(C) An assessment by the Chairman of the Joint Chiefs of Staff of the effects of the inventory levels projected under subparagraph (B)(i) on operational plans.
(D) Any inputs by the Chairman and the commanders of the combatant commands to a policy process that resulted in a change in landmine policy during the calendar year preceding the date of the enactment of this Act.
(E) Any other matters that the Secretary determines appropriate for inclusion in the report.
(2) FORM OF REPORT.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions.
(2) FORM OF BRIEFING.—The briefing required by paragraph (1) may contain classified information.
(e) Anti-personnel landmine munitions defined.—In this section, the term “anti-personnel landmine munitions” includes anti-personnel landmines and submunitions, as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, concluded at Oslo September 18, 1997, as determined by the Secretary.
(a) Amendment to the Act of July 27, 1953.—The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10), is amended by striking the period at the end and inserting “: Provided further, That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.”.
(b) Nogales sanitation project.—
(1) DEFINITIONS.—In this subsection:
(A) CITY.—The term “City” means the City of Nogales, Arizona.
(B) COMMISSION.—The term “Commission” means the United States Section of the International Boundary and Water Commission.
(C) INTERNATIONAL OUTFALL INTERCEPTOR.—The term “International Outfall Interceptor” means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant.
(D) NOGALES INTERNATIONAL WASTEWATER TREATMENT PLANT.—The term “Nogales International Wastewater Treatment Plant” means the wastewater treatment plant that—
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and
(iii) treats sewage and wastewater originating from—
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(A) IN GENERAL.—Subject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq.), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor.
(B) AGREEMENTS REQUIRED.—The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have—
(i) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor;
(ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and
(iii) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor.
(3) OPERATIONS AND MAINTENANCE.—
(A) IN GENERAL.—Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor.
(B) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended—
(i) $6,500,000 for fiscal year 2025; and
(ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter.
(i) IN GENERAL.—The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico.
(ii) REQUIREMENT.—In constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate—
(I) the removal of drug bundles and other illicit goods caught in the debris screen; and
(II) other operations at the International Outfall Interceptor that require coordination.
(B) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commission, to remain available until expended—
(I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and
(II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and
(ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i).
(5) LIMITATION OF CLAIMS.—Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico.
(c) Effective date.—This section (including the amendments made by this section) takes effect on October 1, 2024.
There is authorized to be appropriated to the Secretary of Veterans Affairs $10,000,000 for the Office of Women's Health of the Department of Veterans Affairs under section 7310 of title 38, United States Code, to be used by the Secretary to expand access of women veterans to—
(1) mobile mammography initiatives;
(2) advanced mammography equipment; and
(3) outreach activities to publicize those initiatives and equipment.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following:
“In this title:
“(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means—
“(A) the Committee on Armed Services, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services, the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives.
“(2) COUNTRY OF CONCERN.—The term ‘country of concern’ means, subject to such regulations as may be prescribed in accordance with section 806, a country specified in section 4872(d)(2) of title 10, United States Code.
“(A) IN GENERAL.—Subject to such regulations as may be prescribed in accordance with section 806, and except as provided in subparagraph (B), the term ‘covered activity’ means any activity engaged in by a United States person in a related to a covered sector that involves—
“(i) an acquisition by such United States person of an equity interest or contingent equity interest, or monetary capital contribution, in a covered foreign entity, directly or indirectly, by contractual commitment or otherwise, with the goal of generating income or gain;
“(ii) an arrangement for an interest held by such United States person in the short- or long-term debt obligations of a covered foreign entity that includes governance rights that are characteristic of an equity investment, management, or other important rights, as defined in regulations prescribed in accordance with section 806;
“(iii) the establishment of a wholly owned subsidiary in a country of concern, such as a greenfield investment, for the purpose of production, design, testing, manufacturing, fabrication, or development related to one or more covered sectors;
“(iv) the establishment by such United States person of a joint venture in a country of concern or with a covered foreign entity for the purpose of production, design, testing, manufacturing, fabrication, or research involving one or more covered sectors, or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation, including through the transfer of capital or intellectual property or other business proprietary information; or
“(v) the acquisition by a United States person with a covered foreign entity of—
“(I) operational cooperation, such as through supply or support arrangements;
“(II) the right to board representation (as an observer, even if limited, or as a member) or an executive role (as may be defined through regulation) in a covered foreign entity;
“(III) the ability to direct or influence such operational decisions as may be defined through such regulations;
“(IV) formal governance representation in any operating affiliate, like a portfolio company, of a covered foreign entity; or
“(V) a new relationship to share or provide business services, such as but not limited to financial services, marketing services, maintenance, or assembly functions, related to a covered sectors.
“(B) EXCEPTIONS.—The term ‘covered activity’ does not include—
“(i) any transaction the value of which the Secretary of the Treasury determines is de minimis, as defined in regulations prescribed in accordance with section 806;
“(ii) any category of transactions that the Secretary determines is in the national interest of the United States, as may be defined in regulations prescribed in accordance with section 806; or
“(iii) any ordinary or administrative business transaction as may be defined in such regulations.
“(A) IN GENERAL.—Subject to regulations prescribed in accordance with section 806, and except as provided in subparagraph (B), the term ‘covered foreign entity’ means—
“(i) any entity that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
“(ii) any entity the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern;
“(iii) any entity in which any entity described in subclause (i) or (ii) holds, individually or in the aggregate, directly or indirectly, an ownership interest of greater than 50 percent; or
“(iv) any other entity that is not a United States person and that meets such criteria as may be specified by the Secretary of the Treasury in such regulations.
“(B) EXCEPTION.—The term ‘covered foreign entity’ does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in the entity is ultimately owned by—
“(i) nationals of the United States; or
“(ii) nationals of such countries (other than countries of concern) as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section 806.
“(5) cOVERED SECTORS.—Subject to regulations prescribed in accordance with section 806, the term ‘covered sectors’ includes sectors within the following areas, as specified in such regulations:
“(A) Advanced semiconductors and microelectronics.
“(B) Artificial intelligence.
“(C) Quantum information science and technology.
“(D) Hypersonics.
“(E) Satellite-based communications.
“(F) Networked laser scanning systems with dual-use applications.
“(6) PARTY.—The term ‘party’, with respect to an activity, has the meaning given that term in regulations prescribed in accordance with section 806.
“(7) UNITED STATES.—The term ‘United States’ means the several States, the District of Columbia, and any territory or possession of the United States.
“(8) UNITED STATES PERSON.—The term ‘United States person’ means—
“(A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and
“(B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States.
“SEC. 802. Administration of United States investment notification.
“(a) In general.—The President shall delegate the authorities and functions under this title to the Secretary of the Treasury.
“(b) Coordination.—In carrying out the duties of the Secretary under this title, the Secretary shall—
“(1) coordinate with the Secretary of Commerce; and
“(2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence.
“SEC. 803. Mandatory notification of covered activities.
“(1) IN GENERAL.—Subject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall—
“(A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and
“(B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity.
“(2) CIRCULATION OF NOTIFICATION.—
“(A) IN GENERAL.—The Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness.
“(B) INCOMPLETE NOTIFICATIONS.—If a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.
“(3) IDENTIFICATION OF NON-NOTIFIED ACTIVITY.—The Secretary shall establish a process to identify covered activity for which—
“(A) a notification is not submitted to the Secretary under paragraph (1); and
“(B) information is reasonably available.
“(b) Confidentiality of information.—
“(1) IN GENERAL.—Except as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress.
“(2) EXCEPTIONS.—The exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following:
“(A) Information relevant to any administrative or judicial action or proceeding.
“(B) Information provided to Congress or any of the appropriate congressional committees.
“(C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
“(D) Information that the parties have consented to be disclosed to third parties.
“SEC. 804. Reporting requirements.
“(a) In general.—Not later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that—
“(1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification—
“(A) basic information on each party to the covered activity with respect to which the notification was submitted; and
“(B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification;
“(2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern;
“(3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications;
“(4) includes a description of the national security risks associated with—
“(A) the covered activities with respect to which those notifications were submitted; or
“(B) categories of such activities; and
“(5) assesses the overall impact of those notifications, including recommendations for—
“(A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns;
“(B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and
“(C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of ‘country of concern’ under section 801(2) should be amended to add or remove countries.
“(b) Form of report.—Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
“(c) Testimony required.—Not later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows.
“SEC. 805. Penalties and enforcement.
“(a) Penalties with respect to unlawful acts.—Subject to regulations prescribed in accordance with section 806, it shall be unlawful—
“(1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or
“(2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title.
“(b) Enforcement.—The President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title.
“SEC. 806. Requirement for regulations.
“(a) In general.—Not later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title.
“(b) Elements.—Regulations prescribed to carry out this title shall include specific examples of the types of—
“(1) activities that will be considered to be covered activities; and
“(2) the specific sectors and subsectors that may be considered to be covered sectors.
“(c) Requirements for certain regulations.—The Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including ‘covered activity’, ‘covered foreign entity’, and ‘party’, in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the ‘Administrative Procedure Act’).
“(d) Public participation in rulemaking.—The provisions of section 709 shall apply to any regulations issued under this title.
“(e) Low-burden regulations.—In prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations—
“(1) to minimize the cost and complexity of compliance for affected parties;.
“(2) to ensure the benefits of the regulations outweigh their costs;
“(3) to adopt the least burdensome alternative that achieves regulatory objectives;
“(4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and
“(5) to regularly review and streamline existing regulations to reduce redundancy and complexity.
“SEC. 807. Multilateral engagement and coordination.
“(a) In general.—The President shall delegate the authorities and functions under this section to the Secretary of State.
“(b) Authorities.—The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall—
“(1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and
“(2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities.
“(c) Strategy for development of outbound investment screening mechanisms.—The Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall—
“(1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and
“(2) provide technical assistance to those countries with respect to the development of those mechanisms.
“(d) Report.—Not later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners,
“SEC. 808. Authorization of appropriations.
“(a) In general.—There are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title.
“(b) Hiring authority.—The head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title.
“SEC. 809. Rule of construction with respect to free and fair commerce.
“Nothing in this title may be construed to restrain or deter foreign investment in the United States, United States investment abroad, or trade in goods or services, if such investment and trade do not pose a risk to the national security of the United States.”.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended—
(I) in clause (i), by striking “; and” and inserting a semicolon;
(II) in clause (ii), by striking the period at the end and inserting “; and”; and
(III) by adding at the end the following:
“(iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause.”;
(ii) in subparagraph (B), by adding at the end the following:
“(vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture.
“(vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is—
“(I) located in the United States;
“(II) used in agriculture; and
“(III) more than 320 acres or valued in excess of $5,000,000.”;
(iii) in subparagraph (C)(i), by striking “subparagraph (B)(ii)” and inserting “clause (ii) or (vii) of subparagraph (B)”;
(I) in clause (i), by striking “subparagraph (B)(iii)” and inserting “clauses (iii) and (vi) of subparagraph (B)”;
(II) in clause (iii)(I), by striking “subparagraph (B)(iii)” and inserting “clauses (iii) and (vi) of subparagraph (B)”;
(III) in clause (iv)(I), by striking “subparagraph (B)(iii)” each place it appears and inserting “clauses (iii) and (vi) of subparagraph (B)”; and
(IV) in clause (v), by striking “subparagraph (B)(iii)” and inserting “clauses (iii) and (vi) of subparagraph (B)”; and
(v) in subparagraph (E), by striking “clauses (ii) and (iii)” and inserting “clauses (ii), (iii), (iv), and (vii)”; and
(B) by adding at the end the following:
“(14) AGRICULTURE.—The term ‘agriculture’ has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).”;
(A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and
(B) inserting after subparagraph (G) the following new subparagraph:
“(H) The Secretary of Agriculture (nonvoting, ex officio).”; and
(3) by adding at the end the following:
“(r) Prohibition with respect to agricultural companies and real estate.—
“(1) IN GENERAL.—Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction.
“(2) WAIVER.—The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition.
“(3) DEFINED TERMS.—In this subsection:
“(i) IN GENERAL.—Except as provided by clause (ii), the term ‘covered person’—
“(I) has the meaning given the term ‘a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary’ in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024), except that each reference to ‘foreign adversary’ in that definition shall be deemed to be a reference to the government of a covered country; and
“(II) includes an entity that—
“(aa) is registered in or organized under the laws of a covered country;
“(bb) has a principal place of business in a covered country; or
“(cc) has a subsidiary with a principal place of business in a covered country.
“(ii) EXCLUSIONS.—The term ‘covered person’ does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.
“(B) COVERED COUNTRY.—The term ‘covered country’ means any of the following:
“(i) The People's Republic of China.
“(ii) The Russian Federation.
“(iii) The Islamic Republic of Iran.
“(iv) The Democratic People's Republic of Korea.”.
(a) Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania.—Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended—
(1) in section 3306 (42 U.S.C. 300mm–5)—
(A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
“(5) The term ‘Federal agency’ means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.”; and
(C) by inserting after paragraph (12), as so redesignated, the following:
“(13) The term ‘uniformed services’ has the meaning given the term in section 101(a) of title 10, United States Code.”; and
(2) in section 3311(a) (42 U.S.C. 300mm–21(a))—
(i) in subclause (I), by striking “; or” and inserting a semicolon;
(ii) in subclause (II), by striking “; and” and inserting a semicolon; and
(iii) by adding at the end the following:
“(III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or
“(IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and”; and
(i) by striking “(A) In general.—The” and inserting the following:
“(i) IN GENERAL.—The”;
(ii) by inserting “or subclause (III) or (IV) of paragraph (2)(C)(i)” after “or (2)(A)(ii)”; and
(iii) by adding at the end the following:
“(ii) CERTAIN RESPONDERS TO THE SEPTEMBER 11 ATTACKS AT THE PENTAGON AND SHANKSVILLE, PENNSYLVANIA.—The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.”.
(b) Additional funding for the World Trade Center Health Program.—Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended by adding at the end the following:
“(a) In general.—There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the ‘Special Fund’), consisting of amounts deposited into the Special Fund under subsection (b).
“(b) Amount.—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.
“(c) Uses of funds.—Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).
“(d) Remaining amounts.—Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.
“SEC. 3354. Pentagon/Shanksville Fund.
“(a) In general.—There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the ‘Pentagon/Shanksville Fund’), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b).
“(b) Amount.—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.
“(1) IN GENERAL.—Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i).
“(2) LIMITATION ON OTHER FUNDING.—Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).
“(d) Remaining amounts.—Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.”.
(c) Conforming amendments.—Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended—
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm–21(a)(4)(B)(i)(II)), by striking “sections 3351 and 3352” and inserting “this title”;
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm–31(a)(3)(B)(i)(II)), by striking “sections 3351 and 3352” and inserting “this title”;
(3) in section 3331 (42 U.S.C. 300mm–41)—
(A) in subsection (a), by striking “the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund” and inserting “(as applicable) the Funds established under sections 3351, 3352, 3353, and 3354”; and
(i) in paragraph (1)(A), by inserting “or the World Trade Center Health Program Special Fund under section 3353” after “section 3351”;
(ii) in paragraph (1)(B), by inserting “or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354” after “section 3352”; and
(iii) in paragraph (2), in the flush text following subparagraph (C), by inserting “or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354” after “section 3352”; and
(4) in section 3351(b) (42 U.S.C. 300mm–61(b))—
(A) in paragraph (2), by inserting “, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354” before the period at the end; and
(B) in paragraph (3), by inserting “, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354” before the period at the end.
(d) Ensuring timely access to generics.—Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended—
(A) in subparagraph (A)(i), by inserting “, 10.31,” after “10.30”;
(i) by striking “application and” and inserting “application or”;
(ii) by striking “If the Secretary” and inserting the following:
“(i) IN GENERAL.—If the Secretary”; and
(iii) by striking the second sentence and inserting the following:
“(ii) PRIMARY PURPOSE OF DELAYING.—
“(I) IN GENERAL.—In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors:
“(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition.
“(bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition.
“(cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions.
“(dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved.
“(ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.
“(ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time.
“(gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug.
“(hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay.
“(ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance.
“(II) GUIDANCE.—The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).”;
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and
(E) in subparagraph (H), as so redesignated, by striking “submission of this petition” and inserting “submission of this document”;
(A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so redesignated, the following:
“(A) IN GENERAL.—A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence.
“(B) TIMELY SUBMISSION OF CITIZEN PETITION.—A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement.”;
(C) in subparagraph (C), as so redesignated—
(i) in the heading, by striking “within 150 days”;
(ii) in clause (i), by striking “during the 150-day period referred to in paragraph (1)(F),”; and
(iii) by amending clause (ii) to read as follows:
“(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.”;
(D) by amending subparagraph (D), as so redesignated, to read as follows:
“(D) DISMISSAL OF CERTAIN CIVIL ACTIONS.—
“(i) PETITION.—If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.
“(ii) TIMELINESS.—If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition.
“(iii) FINAL RESPONSE.—If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.”; and
(E) in clause (iii) of subparagraph (E), as so redesignated, by striking “as defined under subparagraph (2)(A)” and inserting “within the meaning of subparagraph (C)”; and
(A) by striking “Exceptions” in the paragraph heading and all that follows through “This subsection does” and inserting “Exceptions.—This subsection does”;
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.
Section 2(h) of the Firefighter Cancer Registry Act of 2018 (42 U.S.C. 280e–5(h)) is amended by striking “$2,500,000 for each of the fiscal years 2018 through 2022” and inserting “$5,500,000 for each of fiscal years 2024 through 2028”.
The Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on its financial statements by October 1, 2027.
Not later than November 1, 2023, the Secretary of the Air Force shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the potential increase in air refueling capacity and cost savings, including manpower, to be achieved by making all Air National Guard KC–135 units active associations.
(a) Required disclosure of a camera or recording capability in certain internet-connected devices.—Each manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device.
(b) Enforcement by the Federal Trade Commission.—
(1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) ACTIONS BY THE COMMISSION.—
(A) IN GENERAL.—The Federal Trade Commission (in this section referred to as the “Commission”) shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(B) PENALTIES AND PRIVILEGES.—Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C) SAVINGS CLAUSE.—Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(3) COMMISSION GUIDANCE.—Not later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection (a) as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual representation of the information to be disclosed.
(4) TAILORED GUIDANCE.—A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection (a) consistent with existing rules of practice or any successor rules.
(5) LIMITATION ON COMMISSION GUIDANCE.—No guidance issued by the Commission with respect to this section shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this section, the Commission shall allege a specific violation of a provision of this section. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate subsection (a).
(c) Definition of covered device.—In this section, the term “covered device”—
(1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is capable of connecting to the internet, a component of which is a camera or microphone; and
(A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera;
(B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or
(C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder.
(d) Effective date.—This section shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.
(a) Short title.—This section may be cited as the “Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023”.
(b) Formal process for conduct of annual analysis of training needs based on trends.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for service-connected post-traumatic stress disorder, based on identified processing error trends.
(c) Formal process for conduct of annual studies to support annual analysis.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (b).
(2) ELEMENTS.—Each study conducted under paragraph (1) shall cover the following:
(A) Military post-traumatic stress disorder stressors.
(B) Decision-making claims for claims processors.
(a) Short title.—This section may be cited as the “U.S. Hostage and Wrongful Detainee Day Act of 2023”.
(1) HOSTAGE AND WRONGFUL DETAINEE DAY.—
(A) IN GENERAL.—Chapter 1 of title 36, United States Code, is amended—
(i) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and
(ii) by adding at the end the following:
“(a) Designation.—March 9 is U.S. Hostage and Wrongful Detainee Day.
“(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.”.
(B) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 1 of title 36, United States Code, is amended by striking the item relating to the second section 146 and inserting the following new items:
“148. U.S. Hostage and Wrongful Detainee Day.”.
(2) HOSTAGE AND WRONGFUL DETAINEE FLAG.—
(A) IN GENERAL.—Chapter 9 of title 36, United States Code, is amended by adding at the end the following new section:
“§ 904. Hostage and Wrongful Detainee flag
“(a) Designation.—The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad.
“(1) IN GENERAL.—The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2).
“(2) DAYS SPECIFIED.—The days specified in this paragraph are the following:
“(A) U.S. Hostage and Wrongful Detainee Day, March 9.
“(B) Flag Day, June 14.
“(C) Independence Day, July 4.
“(D) Any day on which a citizen or lawful permanent resident of the United States—
“(i) returns to the United States from being held hostage or wrongfully detained abroad; or
“(ii) dies while being held hostage or wrongfully detained abroad.
“(3) LOCATIONS SPECIFIED.—The locations specified in this paragraph are the following:
“(A) The Capitol.
“(B) The White House.
“(C) The buildings containing the official office of—
“(i) the Secretary of State; and
“(ii) the Secretary of Defense.
“(c) Display To be in a manner visible to the public.—Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public.
“(d) Limitation.—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.”.
(B) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 9 of title 36, United States Code, is amended by adding at the end the following:
(a) In general.—During the period beginning on the date that is 30 days after the date of the enactment of this section, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).
(b) Contract described.—A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.
(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, and the Administrator of the Federal Aviation Administration shall make available to the Administrator of the Federal Aviation Administration a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that—
(A) are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China;
(B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States;
(C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A);
(D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or
(E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A).
(2) UPDATES TO LIST.—The United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Administrator of the Federal Aviation Administration, in consultation with the Attorney General—
(A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and
(B) not less frequently than annually thereafter.
(d) Definitions.—In this section, the definitions in section 47102 of title 49, United States Code, shall apply.
(a) Conduct of reconnaissance.—
(1) IN GENERAL.—Subject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration if those aircraft, personnel, and equipment are not otherwise needed for hurricane monitoring and response.
(2) ACTIVITIES.—In carrying out paragraph (1), the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, may—
(A) improve the accuracy and timeliness of observations to support the forecast and warning services of the National Weather Service for the coasts of the United States;
(B) collect data in data-sparse regions where conventional, upper-air observations are lacking;
(C) support water management decisions and flood forecasting through the execution of targeted airborne dropsonde, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers;
(D) participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and
(E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events.
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a comprehensive report on the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support, through December 31, 2035—
(i) the National Hurricane Operations Plan;
(ii) the National Winter Season Operations Plan; and
(iii) any other operational requirements relating to weather reconnaissance.
(B) APPROPRIATE COMMITTEES OF CONGRESS.—In this paragraph, the term “appropriate committees of Congress” means—
(i) the Committee on Armed Services of the Senate;
(ii) the Subcommittee on Defense of the Committee on Appropriations of the Senate;
(iii) the Committee on Commerce, Science, and Transportation of the Senate;
(iv) the Committee on Science, Space, and Technology of the House of Representatives;
(v) the Committee on Armed Services of the House of Representatives; and
(vi) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(2) COMMERCE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report on the resources necessary for the National Oceanic and Atmospheric Administration to continue to support, through December 31, 2035—
(A) the National Hurricane Operations Plan;
(B) the National Winter Season Operations Plan; and
(C) any other operational requirements relating to weather reconnaissance.
(a) Purposes.—The purposes of this section are—
(1) to designate the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as a “National Cold War Center”;
(2) to recognize the preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center;
(3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; and
(4) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond.
(1) IN GENERAL.—The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is designated as a “National Cold War Center”.
(2) RULE OF CONSTRUCTION.—Nothing in this section shall preclude the designation of other national centers or museums in the United States interpreting the Cold War.
(c) Effect of designation.—The National Cold War Center designated by this section is not a unit of the National Park System, and the designation of the center as a National Cold War Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the designation made by this section.
Title XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.) is amended—
(1) in section 9902 (15 U.S.C. 4652)—
(A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(B) by inserting after subsection (g) the following:
“(h) Authority relating to environmental review.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the provision by the Secretary of Federal financial assistance for a project described in this section that satisfies the requirements under subsection (a)(2)(C)(i) of this section shall not be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code, if—
“(A) the activity described in the application for that project has commenced not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2024;
“(B) the Federal financial assistance provided is in the form of a loan or loan guarantee; or
“(C) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises not more than 10 percent of the total estimated cost of the project.
“(2) SAVINGS CLAUSE.—Nothing in this subsection may be construed as altering whether an activity described in subparagraph (A), (B), or (C) of paragraph (1) is considered to be a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, United States Code, for a reason other than that the activity is eligible for Federal financial assistance provided under this section.”; and
(2) in section 9909 (15 U.S.C. 4659), by adding at the end the following:
“(c) Lead Federal agency and cooperating agencies.—
“(1) DEFINITION.—In this subsection, the term ‘lead agency’ has the meaning given the term in section 111 of NEPA.
“(2) OPTION TO SERVE AS LEAD AGENCY.—With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA.
“(1) ESTABLISHMENT OF CATEGORICAL EXCLUSIONS.—Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on the date of enactment of this subsection, is available for use by the Secretary with respect to a covered activity:
“(A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equipment) in the document entitled ‘EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required’ (Directive No. 17.02–2; effective date October 14, 1992).
“(B) Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.
“(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.
“(D) The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation.
“(E) Categorical exclusion (c)(1) in Appendix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation.
“(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any successor regulation.
“(2) ADDITIONAL CATEGORICAL EXCLUSIONS.—Notwithstanding any other provision of law, each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section 1501.4 of title 40, Code of Federal Regulations, or any successor regulation:
“(A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if the facility that is the subject of the project is on or adjacent to a site—
“(i) that is owned or leased by the covered entity to which Federal financial assistance is provided for that project; and
“(ii) on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construction, expansion, or modernization is being or has been carried out, such that the facility would not more than double existing developed acreage or on-site supporting infrastructure.
“(B) The provision by the Secretary of Defense of any Federal financial assistance relating to—
“(i) the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1); or
“(ii) carrying out section 9903(b), as in effect on the date of enactment of this subsection.
“(C) Any activity undertaken by the Secretary relating to carrying out section 9906, as in effect on the date of enactment of this subsection.
“(e) Incorporation of prior planning decisions.—
“(1) DEFINITION.—In this subsection, the term ‘prior studies and decisions’ means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for determining the reasonable range of alternatives for that project.
“(2) RELIANCE ON PRIOR STUDIES AND DECISIONS.—In completing an environmental review under NEPA for a covered activity, the Secretary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that—
“(A) those prior studies and decisions meet the standards for an adequate statement, assessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA;
“(B) in the case of prior studies and decisions completed under the laws and procedures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or
“(C) if applicable, the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA.
“(f) Definitions.—In this section:
“(1) COVERED ACTIVITY.—The term ‘covered activity’ means any activity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial assistance under section 9902 or 9906.
“(2) NEPA.—The term ‘NEPA’ means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”.
Section 201 of title 18, United States Code, is amended—
(A) in paragraph (2), by striking “and” at the end;
(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(4) the term ‘foreign official’ means—
“(A) (i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or
“(ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation;
“(B) any official or employee of a public international organization;
“(C) any person acting in an official capacity for or on behalf of—
“(i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or
“(ii) a public international organization; or
“(D) any person acting in an unofficial capacity for or on behalf of—
“(i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or
“(ii) a public international organization; and
“(5) the term ‘public international organization’ means—
“(A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or
“(B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.”; and
(2) by adding at the end the following:
“(f) Prohibition of demand for a bribe.—
“(1) OFFENSE.—It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce, from any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–3), except that that definition shall be applied without regard to whether the person is an offender) while in the territory of the United States, from an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or from a domestic concern (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2)), in return for—
“(A) being influenced in the performance of any official act;
“(B) being induced to do or omit to do any act in violation of the official duty of such foreign official or person; or
“(C) conferring any improper advantage,
in connection with obtaining or retaining business for or with, or directing business to, any person.
“(2) PENALTIES.—Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both.
“(3) JURISDICTION.—An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction.
“(4) REPORT.—Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report—
“(A) focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases;
“(B) addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities;
“(C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed;
“(D) evaluating the effectiveness of the Department of Justice in enforcing this section; and
“(E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section.
“(5) RULE OF CONSTRUCTION.—This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise.”.
(a) Findings.—Congress finds the following:
(1) In 2010, the Commander of United States Special Operations Command established the Cultural Support Team Program to overcome significant intelligence gaps during the Global War on Terror.
(2) From 2010 through 2021, approximately 310 female members, from every Armed Force, passed and were selected as members of female cultural support teams, and deployed with special operations forces.
(3) Members of female cultural support teams served honorably, demonstrated commendable courage, overcame such intelligence gaps, engaged in direct action, and suffered casualties during the Global War on Terror.
(4) The Federal Government has a duty to recognize members and veterans of female cultural support teams who volunteered to join the Armed Forces, to undergo arduous training for covered service, and to execute dangerous and classified missions in the course of such covered service.
(5) Members who performed covered service have sought treatment from the Department of Veterans Affairs for traumatic brain injuries, post-traumatic stress, and disabling physical trauma incurred in the course of such covered service, but have been denied such care.
(b) Sense of Congress.—It is the Sense of Congress that—
(1) individuals who performed covered service performed exceptional service to the United States; and
(2) the Secretary of Defense should ensure that the performance of covered service is included in the military service record of each individual who performed covered service so that those with service-connected injuries can receive proper care and benefits for their service.
(c) Secretary of Defense study and report.—
(1) IN GENERAL.—Not later than March 31, 2024, the Secretary of Defense shall—
(A) carry out a study on the treatment of covered service for purposes of retired pay under laws administered by the Secretary; and
(B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1).
(2) LIST.—The report submitted under paragraph (1)(B) shall include a list of each individual who performed covered service whose military service record should be modified on account of covered service.
(d) Secretary of Veterans Affairs study and report.—
(1) IN GENERAL.—Not later than March 31, 2024, the Secretary of Veterans Affairs shall—
(A) carry out a study on the treatment of covered service for purposes of compensation under laws administered by the Secretary; and
(B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1).
(2) CONTENTS.—The report submitted under paragraph (1)(B) shall include the following:
(A) A list of each veteran who performed covered service whose claim for disability compensation under a law administered by the Secretary was denied due to the inability of the Department of Veterans Affairs to determine the injury was service-connected.
(B) An estimate of the cost that would be incurred by the Department to provide veterans described in subparagraph (A) with the health care and benefits they are entitled to under the laws administered by the Secretary on account of their covered service.
(e) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
(2) COVERED SERVICE.—The term “covered service” means service—
(A) as a member of the Armed Forces;
(B) in a female cultural support team;
(C) with the personnel development skill identifier of R2J or 5DK, or any other validation methods, such as valid sworn statements, officer and enlisted performance evaluations, training certificates, or records of an award from completion of tour with a cultural support team; and
(D) during the period beginning on January 1, 2010, and ending on August 31, 2021.
(a) In general.—The Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals.
(b) Implementation report.—The Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world.
(c) Consultations.—The Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a):
(1) The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681); and
(2) Congress.
(d) Relationship to United States law.—Nothing in the framework under subsection (a) shall be construed—
(1) to amend or modify any law of the United States; or
(2) to limit any authority conferred under any law of the United States.
(e) Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.—Nothing in this section shall—
(1) affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or
(2) affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 78m note), or subsection (q) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 2220), or any rule prescribed under either such section.
(f) Critical mineral defined.—In this section, the term “critical mineral” has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
Section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a)) is amended to read as follows:
“(a) Definition of Service in the Uniformed Services.—In this section, the term ‘service in the uniformed services’ means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve.”.
This subtitle may be cited as the “American Security Drone Act of 2023”.
In this subtitle:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity included on a list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management (SAM). This list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk.
(D) Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
(2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term “covered unmanned aircraft system” has the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.
(3) INTELLIGENCE; INTELLIGENCE COMMUNITY.—The terms “intelligence” and “intelligence community” have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) In general.—Except as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements.
(b) Exemption.—The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and—
(1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation Administration exemption.—The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.
(d) National Transportation Safety Board exemption.—The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations.
(e) National Oceanic and Atmospheric Administration exemption.—The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.
(f) Waiver.—The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—
(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of Representatives; and
(C) other appropriate congressional committees of jurisdiction.
(1) IN GENERAL.—Beginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity.
(2) APPLICABILITY TO CONTRACTED SERVICES.—The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems.
(b) Exemption.—The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and—
(1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation Administration exemption.—The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.
(d) National Transportation Safety Board exemption.—The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations.
(e) National Oceanic and Atmospheric Administration exemption.—The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.
(f) Waiver.—The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—
(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of Representatives; and
(C) other appropriate congressional committees of jurisdiction.
(g) Regulations and guidance.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section.
(a) In general.—Beginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used—
(1) to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or unmanned aircraft system.
(b) Exemption.—The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and—
(1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation Administration exemption.—The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.
(d) National Oceanic and Atmospheric Administration exemption.—The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.
(e) Waiver.—The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—
(1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the House of Representatives; and
(C) other appropriate congressional committees of jurisdiction.
(f) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.
Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.
(a) In general.—All executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities.
(b) Classified tracking.—Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee.
(c) Exceptions.—The Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost.
Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system—
(1) for non-Department of Defense and non-intelligence community operations; and
(2) through grants and cooperative agreements entered into with non-Federal entities.
(b) Information security.—The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned aircraft system.
(2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism.
(3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system.
(5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required.
(c) Requirement.—The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system.
(d) Revision of acquisition regulations.—Not later than 180 days after the date on which the policy required under subsection (a) is issued—
(1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and
(2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy.
(e) Exemption.—In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall—
(1) incorporate policies to implement the exemptions contained in this subtitle; and
(2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination—
(A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency;
(i) the quantity of end items to which the waiver applies and the procurement value of those items; and
(ii) the time period over which the waiver applies, which shall not exceed three years;
(C) shall be reported to the Office of Management and Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.
(a) Rule of construction.—Nothing in this subtitle shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars.
(b) Continuity of arrangements.—The Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 1095.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and Components.—
(1) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems.
(2) ELEMENTS.—The report under paragraph (1) shall include the following:
(A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity.
(B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries.
(C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other interested persons.
(D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section the term “appropriate congressional committees” means:
(A) The Committees on Armed Services of the Senate and the House of Representatives.
(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
(D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(E) The Committee on Transportation and Infrastructure of the House of Representatives.
(F) The Committee on Homeland Security of the House of Representatives.
(a) Exception for wildfire management operations and search and rescue operations.—The appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations.
(b) Exception for intelligence activities.—The elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities.
(c) Exception for tribal law enforcement or emergency service agency.—Tribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.
Sections 1093, 1094, and 1095 shall cease to have effect on the date that is five years after the date of the enactment of this Act.
(a) Short title.—This section may be cited as the “Radiation Exposure Compensation Expansion Act”.
(b) Claims relating to Manhattan Project waste.—The Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following:
“SEC. 5A. Claims relating to Manhattan Project waste.
“(a) In general.—A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if—
“(1) a claim for compensation is filed with the Attorney General—
“(A) by an individual described in paragraph (2); or
“(B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as—
“(i) an executor of estate of that individual; or
“(ii) a legal guardian or conservator of that individual;
“(2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual—
“(A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and
“(B) contracted a specified disease after such period of physical presence;
“(3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and
“(4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act.
“(b) Losses available to living affected individuals.—
“(1) IN GENERAL.—In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2).
“(2) LOSSES DUE TO MEDICAL EXPENSES.—A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—
“(A) any public or private health insurance;
“(B) any employee health insurance;
“(C) any workers’ compensation program; or
“(D) any other public, private, or employee health program or benefit.
“(c) Payments to beneficiaries of deceased individuals.—In the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim—
“(1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or
“(2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child.
“(d) Affected area.—For purposes of this section, the term ‘affected area’ means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367.
“(e) Specified disease.—For purposes of this section, the term ‘specified disease’ means any of the following:
“(1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure.
“(2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure:
“(A) Multiple myeloma.
“(B) Lymphoma, other than Hodgkin’s disease.
“(C) Type 1 or type 2 diabetes.
“(D) Systemic lupus erythematosus.
“(E) Multiple sclerosis.
“(F) Hashimoto’s disease.
“(i) thyroid;
“(ii) male or female breast;
“(iii) esophagus;
“(iv) stomach;
“(v) pharynx;
“(vi) small intestine;
“(vii) pancreas;
“(viii) bile ducts;
“(ix) gall bladder;
“(x) salivary gland;
“(xi) urinary bladder;
“(xii) brain;
“(xiii) colon;
“(xiv) ovary;
“(xv) liver, except if cirrhosis or hepatitis B is indicated;
“(xvi) lung;
“(xvii) bone; or
“(xviii) kidney.
“(f) Physical presence.—For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area.
“(g) Disease contraction in affected areas.—For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.”.
This part may be cited as the “Radiation Exposure Compensation Act Amendments of 2023”.
Except as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note).
Section 3(d) is amended—
(1) by striking the first sentence and inserting “The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023.”; and
(2) by striking “2-year” and inserting “19-year”.
(a) Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific.—Section 4(a)(1)(A) is amended—
(A) in subclause (I), by striking “October 31, 1958” and inserting “November 6, 1962”;
(i) by striking “in the affected area” and inserting “in an affected area”; and
(ii) by striking “or” after the semicolon;
(C) by redesignating subclause (III) as subclause (V); and
(D) by inserting after subclause (II) the following:
“(III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962;
“(IV) was physically present in an affected area—
“(aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or
“(bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or”; and
(2) in clause (ii)(I), by striking “physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III)” and inserting “physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V)”.
(b) Amounts for claims related to leukemia.—Section 4(a)(1) is amended—
(1) in subparagraph (A), by striking “an amount” and inserting “the amount”; and
(2) by striking subparagraph (B) and inserting the following:
“(B) AMOUNT.—If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.”.
(c) Conditions for claims related to leukemia.—Section 4(a)(1)(C) is amended—
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.
(d) Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific.—Section 4(a)(2) is amended—
(A) by striking “in the affected area” and inserting “in an affected area”;
(B) by striking “2 years” and inserting “1 year”; and
(C) by striking “October 31, 1958” and inserting “November 6, 1962”;
(A) by striking “in the affected area” and inserting “in an affected area”; and
(B) by striking “or” at the end;
(3) by redesignating subparagraph (C) as subparagraph (E); and
(4) by inserting after subparagraph (B) the following:
“(C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962;
“(D) was physically present in an affected area—
“(i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or
“(ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or”.
(e) Amounts for claims related to specified diseases.—Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking “$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),” and inserting “$150,000”.
(f) Medical Benefits.—Section 4(a) is amended by adding at the end the following:
“(5) MEDICAL BENEFITS.—An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).”.
(g) Downwind States.—Section 4(b)(1) is amended to read as follows:
“(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam;
“(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and
“(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.”.
(h) Chronic lymphocytic leukemia as a specified disease.—Section 4(b)(2) is amended by striking “other than chronic lymphocytic leukemia” and inserting “including chronic lymphocytic leukemia”.
(a) Employees of mines and mills.—Section 5(a)(1)(A)(i) is amended—
(1) by inserting “(I)” after “(i)”;
(2) by striking “December 31, 1971; and” and inserting “December 31, 1990; or”; and
(3) by adding at the end the following:
“(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and”.
(b) Miners.—Section 5(a)(1)(A)(ii)(I) is amended by inserting “or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury” after “nonmalignant respiratory disease”.
(c) Millers, core drillers, and ore transporters.—Section 5(a)(1)(A)(ii)(II) is amended—
(1) by inserting “, core driller,” after “was a miller”;
(2) by inserting “, or was involved in remediation efforts at such a uranium mine or uranium mill,” after “ore transporter”;
(3) by inserting “(I)” after “clause (i)”; and
(4) by striking all that follows “nonmalignant respiratory disease” and inserting “or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or”.
(d) Combined work histories.—Section 5(a)(1)(A)(ii) is further amended—
(1) by striking “or” at the end of subclause (I); and
(2) by adding at the end the following:
“(III) (aa) does not meet the conditions of subclause (I) or (II);
“(bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter;
“(cc) meets the requirements of paragraph (4) or (5), or both; and
“(dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);”.
(e) Dates of operation of uranium mine.—Section 5(a)(2)(A) is amended by striking “December 31, 1971” and inserting “December 31, 1990”.
(f) Special rules relating to combined work histories.—Section 5(a) is amended by adding at the end the following:
“(4) SPECIAL RULE RELATING TO COMBINED WORK HISTORIES FOR INDIVIDUALS WITH AT LEAST ONE YEAR OF EXPERIENCE.—An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I).
“(5) SPECIAL RULE RELATING TO COMBINED WORK HISTORIES FOR MINERS.—An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4).”.
(g) Definition of Core driller.—Section 5(b) is amended—
(1) by striking “and” at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and inserting “; and”; and
(3) by adding at the end the following:
“(9) the term ‘core driller’ means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.”.
(a) Affidavits.—Section 6(b) is amended by adding at the end the following:
“(A) EMPLOYMENT HISTORY.—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the employment history of the individual;
“(ii) attests to the employment history of the individual;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.
“(B) PHYSICAL PRESENCE IN AFFECTED AREA.—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period;
“(ii) attests to the individual’s presence in an affected area during that period;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.
“(C) PARTICIPATION AT TESTING SITE.—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit—
“(i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;
“(ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;
“(iii) is made subject to penalty for perjury; and
“(iv) is made by a person other than the individual filing the claim.”.
(b) Technical and conforming amendments.—Section 6 is amended—
(1) in subsection (b)(2)(C), by striking “section 4(a)(2)(C)” and inserting “section 4(a)(2)(E)”;
(i) in the matter preceding clause (i), by striking “subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4” and inserting “subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4”; and
(ii) in clause (i), by striking “subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4” and inserting “subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4”; and
(B) in subparagraph (B), by striking “section 4(a)(2)(C)” and inserting “section 4(a)(2)(E)”; and
(3) in subsection (e), by striking “subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4” and inserting “subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4”.
(1) IN GENERAL.—Section 6(k) is amended by adding at the end the following: “Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, the Attorney General shall issue revised regulations to carry out this Act.”.
(2) CONSIDERATIONS IN REVISIONS.—In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization.
(a) Extension of filing time.—Section 8(a) is amended—
(1) by striking “2 years” and inserting “19 years”; and
(2) by striking “2022” and inserting “2023”.
(b) Resubmittal of claims.—Section 8(b) is amended to read as follows:
“(1) DENIED CLAIMS.—After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 shall not be applied to the limitation under the preceding sentence.
“(2) PREVIOUSLY SUCCESSFUL CLAIMS.—
“(A) IN GENERAL.—After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain—
“(i) the claimant’s name, social security number, and date of birth;
“(ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023;
“(iii) any additional benefits and compensation sought through such request; and
“(iv) any additional information required by the Attorney General.
“(B) ADDITIONAL COMPENSATION.—If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 and submits a request under subparagraph (A), the Attorney General shall—
“(i) pay the claimant the amount that is equal to any excess of—
“(I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023); minus
“(II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023; and
“(ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5).”.
(a) Definitions.—In this section—
(1) the term “institution of higher education” has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);
(2) the term “program” means the grant program established under subsection (b); and
(3) the term “Secretary” means the Secretary of Health and Human Services.
(b) Establishment.—The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers.
(c) Administration.—The Secretary shall administer the program through the National Institute of Environmental Health Sciences.
(d) Eligibility and application.—Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
(e) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2026.
(a) Covered employees with cancer.—Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking subparagraph (A) and inserting the following:
“(A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if—
“(i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or
“(I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and
“(II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990.”.
(b) Members of Special Exposure Cohort.—Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended—
(1) in subsection (a), by striking paragraph (1) and inserting the following:
“(1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees—
“(A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and
“(B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.”; and
(2) by striking subsection (b) and inserting the following:
“(b) Designation of additional members.—
“(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—
“(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and
“(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.
“(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—
“(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and
“(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.”.
Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal functional regulators, as defined in section 1010.100 of title 31, Code of Federal Regulations, shall establish a risk-focused examination and review process for financial institutions, as defined in that section, to assess the following relating to crypto assets, as determined by the Secretary:
(1) The adequacy of reporting obligations and anti-money laundering programs under subsections (g) and (h) of section 5318 of title 31, United States Code, respectively as applied to those institutions.
(2) Compliance of those institutions with anti-money laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code.
Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report and provide a briefing, as determined by the Secretary, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that assess the following issues:
(1) Categories of anonymity-enhancing technologies or services used in connection with crypto assets, such as mixers and tumblers, in use as of the date on which the report is submitted.
(2) As data are available, estimates of the magnitude of transactions related to the categories in paragraph (1) that are believed to be connected, directly or indirectly, to illicit finance, including crypto asset transaction volumes associated with sanctioned entities and entities subject to special measures pursuant to section 5318A of title 31, United States Code, and a description of any limitations applicable to the data used in such estimates.
(3) Categories of privacy-enhancing technologies or services used in connection with crypto assets in use as of the date on which the report is submitted.
(4) Legislative and regulatory approaches employed by other jurisdictions relating to the technologies and services described in paragraphs (1) and (3).
(5) Recommendations for legislation or regulation relating to the technologies and services described in paragraphs (1) and (3).
This subtitle may be cited as the “Combating Cartels on Social Media Act of 2023”.
In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives.
(2) COVERED OPERATOR.—The term “covered operator” means the operator, developer, or publisher of a covered service.
(3) COVERED SERVICE.—The term “covered service” means—
(A) a social media platform;
(B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and
(C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093.
(4) CRIMINAL ENTERPRISE.—The term “criminal enterprise” has the meaning given the term “continuing criminal enterprise” in section 408 of the Controlled Substances Act (21 U.S.C. 848).
(5) ILLICIT ACTIVITIES.—The term “illicit activities” means the following criminal activities that transcend national borders:
(A) A violation of section 401 of the Controlled Substances Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section 922 of title 18, United States Code.
(D) Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as—
(i) a violation of section 1590, 1591, or 1592 of title 18, United States Code; or
(ii) engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section 1030 of title 18, United States Code.
(G) A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code.
(I) Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H).
(6) TRANSNATIONAL CRIMINAL ORGANIZATION.—The term “transnational criminal organization” means groups, networks, and associated individuals who operate transnationally for the purposes of obtaining power, influence, or monetary or commercial gain, wholly or in part by certain illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing—
(1) the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States;
(2) the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including—
(A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms;
(B) human smuggling or trafficking, including the exploitation of children; and
(C) transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States.
(1) IN GENERAL.—The strategy required under subsection (a) shall, at a minimum, include the following:
(A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a).
(B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services.
(C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments.
(D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a).
(E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities.
(F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a).
(G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities.
(H) A detailed description of the measures used to ensure—
(i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and
(ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities.
(2) LIMITATION.—The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a).
(c) Consultation.—In drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with—
(1) the heads of relevant components of the Department of Homeland Security, including—
(A) the Under Secretary for Intelligence and Analysis;
(B) the Under Secretary for Strategy, Policy, and Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border Protection;
(E) the Director of U.S. Immigration and Customs Enforcement;
(F) the Officer for Civil Rights and Civil Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State and Local Law Enforcement;
(2) the heads of relevant components of the Department of State, including—
(A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs; and
(C) the Coordinator of the Global Engagement Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of—
(A) State, Tribal, and local governments, including school districts and local law enforcement; and
(B) nongovernmental experts in the fields of—
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants; and
(iv) youth outreach and rehabilitation.
(1) IN GENERAL.—Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy.
(A) IN GENERAL.—Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of—
(i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B);
(ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and
(iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods.
(B) FORM.—Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.
(3) CIVIL RIGHTS, CIVIL LIBERTIES, AND PRIVACY ASSESSMENT.—Not later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes—
(A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and
(B) recommendations to improve the implementation of the strategy required under subsection (a).
(4) RULEMAKING.—Prior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code.
Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.
No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.
(a) Short title.—This title may be cited as the “Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment” or the “CONVENE Act of 2023”.
(b) Table of contents.—The table of contents for this title is as follows:
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
In this title:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committees on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(2) CONGRESSIONAL DEFENSE COMMITTEES.—The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10, United States Code.
(3) NATIONAL SECURITY COUNCIL.—The term “national security council” means, with respect to a specified country, an intergovernmental body under the jurisdiction of the freely elected government of the specified country that acts as the primary coordinating entity for security cooperation, disaster response, and the activities described section 6103(f).
(4) SPECIFIED COUNTRY.—The term “specified country” means—
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(a) In general.—The Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country—
(1) that enables the specified country—
(A) to better coordinate with the United States Government, including the Armed Forces, as appropriate;
(B) to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and
(C) to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and
(2) for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions.
(b) Composition.—The Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in subsection (f).
(c) Access to sensitive information.—The Secretary of State, with the concurrence of the Director of National Intelligence, may establish, as appropriate, for use by the members and staff of the national security council, or other identified coordinating body, of each specified country standards and a process for vetting and sharing sensitive information.
(d) Standards for equipment and services.—The Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that—
(1) the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage;
(2) the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3965; 10 U.S.C. 113 note); and
(3) to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries.
(e) Report on implementation.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes—
(A) an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in subsection (a) at acceptable financial and opportunity cost;
(B) a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country;
(C) with respect to each specified country, an assessment as to whether—
(i) the specified country has appropriately staffed its national security council or other identified coordinating body; and
(ii) the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in subsection (f);
(i) any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country;
(ii) current efforts by the Secretary of State to coordinate with the specified countries on the activities described in subsection (f); and
(iii) existing governmental entities within each specified country that are capable of supporting such activities;
(E) a description of any challenge with respect to—
(i) the implementation of the national security council, or other identified coordinating body, of any specified country; and
(ii) the implementation of subsections (a) through (d);
(F) an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and
(G) any other matter the Secretary of State considers relevant.
(2) FORM.—Each report required by paragraph (1) may be submitted in unclassified form and may include a classified annex.
(f) Activities described.—The activities described in this subsection are the following:
(1) HOMELAND SECURITY ACTIVITIES.—
(i) the prosecution and investigation of transnational criminal enterprises;
(ii) responses to national emergencies, such as natural disasters;
(iii) counterintelligence and counter-coercion responses to foreign threats; and
(iv) efforts to combat illegal, unreported, or unregulated fishing.
(B) Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern.
(C) Identification and development of an existing governmental entity to support homeland defense and civil support activities.
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1102 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “through 2023” and inserting “through 2024”.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1103 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking “2024” and inserting “2025”.
Section 5531(2) of title 5, United States Code, is amended by striking “Government corporation and” and inserting “Government corporation, but excluding”.
Section 1109(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2449; 5 U.S.C. 3133 note) is amended by adding at the end the following new paragraph:
“(3) EXCEPTION.—The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense.”.
Section 143(b) of title 10, United States Code, is amended by striking “(including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense)”.
Section 4091 of title 10, United States Code, is amended—
(1) in subsection (a)(1), by striking “bachelor’s degree” and inserting “bachelor’s or advanced degree”;
(A) in the subsection heading, by striking “calendar year” and inserting “fiscal year” ;
(B) in the matter preceding paragraph (1), by striking “calendar year” and inserting “fiscal year”;
(C) in paragraph (1), by striking “6 percent” and inserting “11 percent”; and
(D) in paragraphs (1), (2), and (3), by striking “the fiscal year last ending before the start of such calendar year” and inserting “the preceding fiscal year”;
(3) by striking subsection (f); and
(4) by redesignating subsection (g) as subsection (f).
Section 9905 of title 5, United States Code, is amended—
(1) in subsection (a), by adding at the end the following new paragraphs:
“(12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need and shortage of candidates.
“(13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need and shortage of candidates.
“(14) Any position in support of the Office of the Inspector General of the Department relating to oversight of the conflict in Ukraine for which the Secretary determines there is a critical hiring need and shortage of candidates.”; and
(2) in subsection (b)(1), by striking “September 30, 2025” and inserting “September 30, 2030”.
Section 1106(d) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by striking “September 30, 2025” and inserting “September 30, 2030”.
Section 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by striking “through 2025,” and inserting “through 2028,”.
(a) In general.—Section 9371 of title 10, United States Code, is amended—
(1) in the section heading, by inserting “and Space Delta 13” after “Air University”
(2) in subsection (a), by inserting “or of the Space Delta 13” after “Air University”; and
(A) in paragraphs (1), by inserting “or of the Space Delta 13” after “Air University”; and
(B) in paragraph (2), by inserting “or of the Space Delta 13” after “Air University”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item:
“9371. Air University and Space Delta 13: civilian faculty members.”.
Section 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (5 U.S.C. 3393 note) is amended—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “paragraph (3)” and inserting “paragraph (4)”;
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking “paragraph (3)” and inserting “paragraph (4)”;
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new paragraph (3):
“(3) ADDITIONAL REPORT.—Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following:
“(A) The number and type of appointments made under this section between August 13, 2018, and the date of the report.
“(B) Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report.
“(C) An assessment of the utility of the appointment authority and process under this section.
“(D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018.
“(E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service.”; and
(2) in subsection (e), by striking “August 13, 2023” and inserting “September 30, 2025”.
Section 419(d)(5)(B) of title 5, United States Code, is amended by striking “2 years” and inserting “5 years”.
(a) In general.—Section 3330d of title 5, United States Code, is amended—
(1) in the section heading, by inserting “and Department of Defense civilian” after “military”;
(2) in subsection (a), by adding at the end the following:
“(4) The term ‘spouse of an employee of the Department of Defense’ means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty.”; and
(A) in paragraph (1), by striking “or” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; or”; and
(C) by adding at the end the following:
“(3) a spouse of an employee of the Department of Defense.”.
(b) Technical and conforming amendment.—The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3330d and inserting the following:
“3330d. Appointment of military and Department of Defense civilian spouses.”.
(c) OPM limitation and reports.—
(1) RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall—
(A) monitor the number of those appointments;
(B) require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and
(C) not later than 18 months after the date of enactment of this Act, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the use and effectiveness of the authority described in subparagraph (B).
(2) NON-RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management—
(A) shall treat the spouse as a relocating spouse under paragraph (1); and
(B) may limit the number of those appointments.
(d) Sunset.—Effective on December 31, 2028—
(1) the authority provided by this section, and the amendments made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted.
Section 9902(h) of title 5, United States Code, is amended—
(1) in paragraph (1)(B), by striking “and the Comptroller General,”;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(a) Selection of participants.—Subsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 1580 note prec.; Public Law 115–232) is amended to read as follows:
“(2) GEOGRAPHICAL REPRESENTATION.—Out of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions:
“(A) The Northeast United States.
“(B) The Southeast United States.
“(C) The Midwest United States.
“(D) The Southwest United States.
“(E) The Western United States.
“(F) Alaska, Hawaii, United States territories, and areas outside the United States.”.
(b) Appointment and career development.—Such section is further amended—
(A) by striking “assigned” and inserting “appointed”; and
(B) by striking “assignment” and inserting “appointment”; and
(2) by amending subsections (e) and (f) to read as follows:
“(e) Appointment during participation in fellows program.—
“(1) IN GENERAL.—The Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department.
“(2) PLACEMENT OPPORTUNITIES.—Each year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department.
“(3) QUALIFICATION REQUIREMENTS.—The Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1).
“(4) MATCHING QUALIFICATIONS, SKILLS, AND REQUIREMENTS.—In making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment.
“(5) TERM.—The term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year.
“(6) GRADE.—The Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual.
“(7) EDUCATION LOAN REPAYMENT.—To the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary.
“(8) ELEMENT OF THE DEPARTMENT DEFINED.—In this subsection, the term ‘element of the Department’ means an element of the Department specified in section 111(b) of title 10, United States Code.
“(1) IN GENERAL.—The Secretary of Defense shall ensure that participants in the fellows program—
“(A) receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and
“(B) are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program.
“(2) PUBLICATION OF SELECTION.—The Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program.”.
(a) Definition.—In this section, the term “temporary position” means a position in the competitive or excepted service for a period of 180 days or less.
(1) IN GENERAL.—The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve.
(2) PURPOSE.—The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively—
(A) preempt, defeat, deter, or respond to malicious cyber activity;
(B) conduct cyberspace operations;
(C) secure information and systems of the Department of Defense against malicious cyber activity; and
(D) assist in solving cyber workforce-related challenges.
(3) HIRING AUTHORITY.—In carrying out this section, the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code.
(4) EMPLOYMENT PROTECTIONS.—The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code.
(5) STATUS IN RESERVE.—During the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under this section, and during any period in between any such appointments, the individual shall not be considered a Federal employee.
(c) Eligibility; application and selection.—
(1) IN GENERAL.—Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for—
(A) individuals to be eligible for the Civilian Cybersecurity Reserve; and
(B) the application and selection processes for the Civilian Cybersecurity Reserve.
(2) REQUIREMENTS FOR INDIVIDUALS.—The criteria established under paragraph (1)(A) with respect to an individual shall include—
(A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and
(B) cybersecurity expertise.
(3) PRESCREENING.—The Secretary shall—
(A) conduct a prescreening of each individual prior to appointment under this section for any topic or product that would create a conflict of interest; and
(B) require each individual appointed under this section to notify the Secretary if a potential conflict of interest arises during the appointment.
(4) AGREEMENT REQUIRED.—An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army.
(5) EXCEPTION FOR CONTINUING MILITARY SERVICE COMMITMENTS.—A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve.
(6) PROHIBITION.—Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve.
(1) IN GENERAL.—The Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities.
(2) COST OF SPONSORING CLEARANCES.—If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member.
(1) IN GENERAL.—Not later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps, the Secretary of the Army shall—
(A) submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and
(B) provide to the congressional defense committees a briefing on the implementation plan.
(2) PROHIBITION.—The Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1).
(f) Project guidance.—Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1).
(1) BRIEFINGS.—Not later than one year after the date on which the guidance required under subsection (f) is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot project, including—
(A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members;
(B) an evaluation of the ethical requirements of the pilot project;
(C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and
(D) an evaluation of the eligibility requirements for the pilot project.
(2) REPORT.—Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the congressional defense committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for—
(A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program;
(B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve;
(C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements for the pilot project.
(h) Evaluation.—Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall—
(1) conduct a study evaluating the pilot project; and
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the pilot project should be modified.
(i) Sunset.—The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established.
(a) In general.—The Secretary of Defense, using existing authorities, shall seek to build upon the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from—
(1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and
(2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command.
(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a).
(2) MATTERS TO BE INCLUDED.—The strategy required by paragraph (1) shall include the following:
(A) An assessment of the threats posed to ally or partner countries in the Middle East by—
(i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and
(ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command.
(B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct, and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability.
(C) A description of progress made in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B).
(D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts.
(E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East—
(i) provide awareness of and defend against such threats; and
(ii) address current capability gaps.
(F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East.
(G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture.
(H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner.
(I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces.
(J) An identification of any challenge to optimizing such an architecture in the Middle East.
(K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3).
(L) Recommendations for improvements in the implementation of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East.
(N) Any other matter the Secretary of Defense considers relevant.
(3) METRICS.—The Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1).
(4) FORMAT.—The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(1) IN GENERAL.—The Secretary of Defense shall conduct a study on the feasibility and advisability of establishing an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from—
(A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and
(B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East.
(2) ELEMENTS.—The study required by paragraph (1) shall include—
(A) an assessment of funds that could be contributed by ally and partner countries of the United States; and
(B) a cost estimate of establishing such an integrated maritime domain awareness and interdiction capability.
(3) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1).
(d) Protection of sensitive information.—Any activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.
(e) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
(a) Authority for training and distribution.—To enhance the interoperability and integration between the United States Armed Forces and the military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, is authorized—
(1) to provide to military personnel of a friendly foreign government persistent advanced networked training and exercise activities (in this section referred to as “mission training through distributed simulation”); and
(2) to provide information technology, including hardware and computer software developed for mission training through distributed simulation activities.
(b) Scope of mission training.—Mission training through distributed simulation provided under subsection (a) may include advanced distributed network training events and computer-assisted exercises.
(c) Applicability of export control authorities.—The provision of mission training through distributed simulation and information technology under this section shall be subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control authority under law relating to the transfer of military technology to foreign countries.
(d) Guidance on use of authority.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section.
(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of mission training through distributed simulation by military personnel of friendly foreign countries.
(2) ELEMENTS.—The report required by paragraph (1) shall include the following:
(A) A description of ongoing mission training through distributed simulation activities between the United States Armed Forces and the military forces of friendly foreign countries.
(B) A description of the current capabilities of the military forces of friendly foreign countries to support mission training through distributed simulation activities with the United States Armed Forces.
(C) A description of the manner in which the Department intends to use mission training through distributed simulation activities to support implementation of the National Defense Strategy, including in areas of responsibility of the United States European Command and the United States Indo-Pacific Command.
(D) Any recommendation of the Secretary of Defense for legislative proposals or policy guidance regarding the use of mission training through distributed simulation activities.
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
(f) Sunset.—The authority provided in this section shall terminate on December 31, 2025.
(a) Definition of small-scale construction.—Section 301(8) of title 10, United States Code, is amended by striking “$1,500,000” and inserting “$2,000,000”.
(b) Modification of authority to build capacity.—
(1) IN GENERAL.—Subsection (a) of section 333 of title 10, United States Code, is amended—
(A) in paragraph (3), by inserting “or other counter-illicit trafficking operations” before the period at the end; and
(B) by adding at the end the following new paragraph:
“(10) Foreign internal defense operations.”.
(2) INCREASE IN THRESHOLD FOR SMALL-SCALE CONSTRUCTION PROJECTS REQUIRING ADDITIONAL DOCUMENTATION.—Subsection (e)(8) of such section is amended by striking “$750,000” and inserting “$1,000,000”.
(3) EQUIPMENT DISPOSITION.—Such section is further amended by adding at the end the following new subsection:
“(h) Equipment disposition.—The Secretary of Defense may treat as stocks of the Department of Defense—
“(1) 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
“(2) 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.”.
(4) INTERNATIONAL AGREEMENTS.—Such section is further amended by adding at the end the following new subsection:
“(i) International agreements.—
“(1) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may—
“(A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and
“(B) enter into an agreement with a foreign country to provide such sole-source direction.
“(2) NOTIFICATION.—Not later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following:
“(A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement.
“(B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement.
“(C) A determination as to whether the anticipated costs to incurred under the agreement are fair and reasonable.
“(D) A certification that the agreement is in the national security interests of the United States.
“(E) Any other matter relating to the agreement, as determined by the Secretary of Defense.”.
(5) FOREIGN INTERNAL DEFENSE DEFINED.—Such section is further amended by adding at the end of the following new subsection:
“(j) Foreign internal defense defined.—In this section, the term ‘foreign internal defense’ has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff entitled ‘Joint Publication 3–22 Foreign Internal Defense’ issued on August 17, 2018 and validated on February 2, 2021.”.
Section 1210(e) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking “December 31, 2024” and inserting “December 31, 2028”.
(a) Extension.—Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended by striking “beginning on October 1, 2022, and ending on December 31, 2023” and inserting “beginning on October 1, 2023, and ending on December 31, 2024”.
(b) Modification to limitation.—Subsection (d)(1) of such section is amended—
(1) by striking “beginning on October 1, 2022, and ending on December 31, 2023” and inserting “beginning on October 1, 2023, and ending on December 31, 2024”; and
(2) by striking “$30,000,000” and inserting “$15,000,000”.
Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking “December 31, 2023” and inserting “December 31, 2025”.
Section 1207(f) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2342 note) is amended by striking “December 31, 2024” and inserting “December 31, 2029”.
Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for the International Security Cooperation Program, not more than 75 percent may be obligated or expended until the Secretary of Defense submits the security cooperation strategy for each covered combatant command required by section 1206 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1960).
Section 384 of title 10, United States Code, is amended—
(A) by striking “The Program” and inserting the following:
“(1) IN GENERAL.—The Program”; and
(B) by adding at the end the following new paragraphs:
“(A) DESIGNATION.—The Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate an entity within the Department of Defense to serve as the lead entity for managing the implementation of the Program.
“(B) DUTIES.—The entity designated under subparagraph (A) shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following:
“(i) Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise.
“(ii) Providing training requirements specified at the requisite proficiency levels for each position.
“(C) REPORTING.—The Secretary of Defense shall ensure that, not less frequently than annually, each military department, combatant command, defense agency, and any other entity involved in managing the security cooperation workforce submits to the entity designated under subparagraph (A) a report containing information necessary for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency.
“(3) SECURITY COOPERATION WORKFORCE MANAGEMENT INFORMATION SYSTEM.—The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, combatant command, and defense agency provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce.”;
(2) in subsection (e), by adding at the end the following new paragraph:
“(A) IN GENERAL.—Not later than 270 days after the date of the enactment of this paragraph, and biannually thereafter through fiscal year 2028, the Secretary of Defense, in coordination with the Secretary of State, shall issue updated guidance for the execution and administration of the Program.
“(B) SCOPE.—The updated guidance required by subparagraph (A) shall—
“(i) fulfill each requirement set forth in paragraph (3), as appropriate; and
“(ii) include an identification of the manner in which the Department of Defense shall ensure that personnel assigned to security cooperation offices within embassies of the United States are trained and managed to a level of proficiency that is at least equal to the level of proficiency provided to the attaché workforce by the Defense Attaché Service.”;
(3) by redesignating subsections (f) through (h) as subsections (h) through (j), respectively; and
(4) by inserting after subsection (e) the following new subsections (f) and (g):
“(f) Foreign Military Sales Center of Excellence.—
“(1) ESTABLISHMENT.—The Secretary of Defense shall direct an existing schoolhouse within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution.
“(2) OBJECTIVES.—The objectives of the Foreign Military Sales Center of Excellence shall include—
“(A) conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and
“(B) enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program.
“(g) Defense Security Cooperation University.—
“(1) CHARTER.—The Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University.
“(2) MISSION.—The charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include—
“(A) management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense;
“(B) management and provision of institutional capacity-building services executed by the Department of Defense; and
“(C) advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning.
“(3) COOPERATIVE RESEARCH AND DEVELOPMENT ARRANGEMENTS.—
“(A) IN GENERAL.—In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University.
“(B) TREATMENT AS GOVERNMENT-OPERATED FEDERAL LABORATORY.—The Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
“(4) ACCEPTANCE OF RESEARCH GRANTS.—
“(A) IN GENERAL.—The Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose.
“(B) QUALIFYING GRANTS.—A qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose.
“(C) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
“(D) ADMINISTRATION OF GRANT FUNDS.—The Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.
“(E) RELATED EXPENSES.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants.
“(F) REGULATIONS.—The Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this section.”.
Section 1226(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by adding at the end the following:
“(G) To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan.
“(H) To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan.
“(I) To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan.”.
Section 1212 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2834; 10 U.S.C. 311 note) is amended—
(1) in subsection (a), by striking “military forces” and inserting “national security forces”;
(i) in subparagraph (A), by striking “military-to-military relationships” and inserting “relationships with the national security forces of partner countries”; and
(ii) in subparagraph (C), by striking “military forces” and inserting “national security forces”; and
(B) by adding at the end the following new paragraph:
“(4) SUSTAINMENT AND NON-LETHAL ASSISTANCE.—A program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, supplies (including consumables), and small-scale construction (as such terms are defined in section 301 of title 10, United States Code).”;
(3) in subsection (e)(3)(A), by striking “military force” and inserting “national security forces”; and
(4) by adding at the end the following new subsection:
“(g) National security forces defined.—In this section, the term ‘national security forces’ has the meaning given the term in section 301 of title 10, United States Code.”.
(a) Training Israeli pilots to operate KC–46 aircraft.—
(1) IN GENERAL.—The Secretary of the Air Force shall—
(A) make available sufficient resources and accommodations within the United States to train members of the Israeli Air Force on the operation of KC–46 aircraft;
(B) conduct training for members of the Israeli Air Force, including—
(i) training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the Israeli Air Force; and
(ii) training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations; and
(C) conduct the timing of such training so as to ensure that the first group of trainee members of the Israeli Air Force is anticipated to complete the training not later than 2 weeks after the date on which the first KC–46 aircraft is delivered to Israel.
(2) UNITED STATES AIR FORCE MILITARY PERSONNEL EXCHANGE PROGRAM.—The Secretary of Defense shall, with respect to members of the Israeli Air Force associated with the operation of KC–46 aircraft—
(A) before the completion of the training required by paragraph (1)(B), authorize the participation of such members of the Israeli Air Force in the United States Air Force Military Personnel Exchange Program;
(B) make available billets in the United States Air Force Military Personnel Exchange Program necessary for such members of the Israeli Air Force to participate in such program; and
(C) to the extent practicable, ensure that such members of the Israeli Air Force are able to participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training.
(3) TERMINATION.—This subsection shall cease to have effect on the date that is ten years after the date of the enactment of this Act.
(b) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes the following:
(A) the current operational requirements of the Government of Israel for aerial refueling; and
(B) any gaps in current or near-term capabilities.
(2) The estimated date of delivery to Israel of KC–46 aircraft procured by the Government of Israel.
(3) A detailed description of—
(A) any actions the United States Government is taking to expedite the delivery to Israel of KC–46 aircraft procured by the Government of Israel, while minimizing adverse impacts to United States defense readiness, including strategic forces readiness;
(B) any additional actions the United States Government could take to expedite such delivery; and
(C) additional authorities Congress could provide to help expedite such delivery.
(4) A description of the availability of any United States aerial refueling tanker aircraft that is retired or is expected to be retired during the two-year period beginning on the date of the enactment of this Act that could be provided to Israel.
(c) Forward deployment of United States KC–46 aircraft to Israel.—
(1) BRIEFING.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which a KC–46 aircraft procured by the Government of Israel is commissioned into the Israeli Air Force and achieves full combat capability.
(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the Secretary of Defense shall, consistent with maintaining United States defense readiness, rotationally deploy one or more KC–46 aircraft to Israel until the earlier of—
(i) the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or
(ii) five years after the date of the enactment of this Act.
(B) LIMITATION.—The Secretary of Defense may only carry out a rotational deployment under subparagraph (A) if the Government of Israel consents to the deployment.
(C) PRESENCE.—The Secretary of Defense shall consult with the Government of Israel to determine the length of rotational deployments of United States KC–46 aircraft to Israel until the applicable date under subparagraph (A).
(a) In general.— The Secretary of Defense shall submit to Congress a report on the feasibility of coordinating with private entities and State governments to provide resources and personnel to support technical exchanges under the Department of Defense State Partnership Program established under section 341 of title 10, United States Code.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) An analysis of the limitations of the State Partnership Program.
(2) The types of personnel and expertise that could be helpful to partner country participants in the State Partnership Program.
(3) Any authority needed to leverage such expertise from private entities and State governments, as applicable.
(a) Extension.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) is amended, in the matter preceding paragraph (1), by striking “December 31, 2023” and inserting “December 31, 2024”.
(b) Limitation on cost of construction and repair projects.—Subsection (l)(3) of such section is amended—
(1) in subparagraph (A), by striking “The President” and all that follows through “if the President” and inserting “The Secretary of Defense may waive the limitations under paragraph (1) for the purposes of providing support under subsection (a)(4) if the Secretary”;
(2) by striking subparagraph (B);
(3) in subparagraph (C), by striking “as required by subparagraph (B)(ii)(I)”;
(4) in subparagraph (D), by striking “December 31, 2023” and inserting “December 31, 2024”; and
(5) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
(a) Limitation on amount.—Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
(1) by striking “fiscal year 2023” and inserting “fiscal year 2024”; and
(2) by striking “$25,000,000” and inserting “$18,000,000”.
(b) Source of funds.—Subsection (d) of such section is amended by striking “fiscal year 2023” and inserting “fiscal year 2024”.
(a) In general.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) is amended, in the matter preceding paragraph (1)—
(1) by inserting “equipment and training to counter threats from unmanned aerial systems,” before “and sustainment”; and
(2) by striking “December 31, 2023” and inserting “December 31, 2024”.
(b) Funding.—Subsection (g) of such section is amended by striking “Overseas Contingency Operations for fiscal year 2023, there are authorized to be appropriated $358,000,000” and inserting “fiscal year 2024, there is authorized to be appropriated $241,950,000”.
(c) Foreign contributions.—Subsection (h) of such section is amended—
(1) by striking “The Secretary” and inserting the following:
“(1) IN GENERAL.—The Secretary”; and
(2) by adding at the end the following new paragraph:
“(2) USE OF CONTRIBUTIONS.—The limitations on costs under subsections (a) and (m) shall not apply with respect to the expenditure of foreign contributions in excess of such limitations.”.
(d) Waiver authority.—Subsection (o) of such section is amended—
(1) in paragraph (1), by striking “The President” and all that follows through “if the President” and inserting “The Secretary of Defense may waive the limitations on costs under subsection (a) or (m) if the Secretary”;
(2) by striking paragraph (3);
(3) in paragraph (4), by striking “as required by paragraph (3)(B)(i)”;
(4) in paragraph (5), by striking “December 31, 2023” and inserting “December 31, 2024”; and
(5) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(e) Notification of provision of counter unmanned aerial systems training and assistance.—Such section is further amended by adding at the end the following new subsection:
“(p) Notification of provision of counter unmanned aerial systems training and assistance.—
“(1) IN GENERAL.—Not later than 30 days after providing assistance under this section for countering threats from unmanned aerial systems, the Secretary of Defense shall notify the appropriate congressional committees of such provision of assistance.
“(2) ELEMENTS.—The notification required by paragraph (1) shall include the following:
“(A) An identification of the military forces being provided such assistance.
“(B) A description of the type of such assistance, including the types of training and equipment, being provided.”.
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives with—
(A) threats to global security posed by the nuclear weapon capability of Iran; and
(B) progress made by Iran in enriching uranium at levels proximate to or exceeding weapons grade; and
(2) recommendations for actions the United States may take to ensure that Iran does not acquire a nuclear weapon capability.
(a) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(2) ISIS MEMBER.—The term “ISIS member” means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria.
(3) SENIOR COORDINATOR.—The term “Senior Coordinator” means the coordinator for detained ISIS members and relevant displaced populations in Syria designated under subsection (a) of section 1224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1642), as amended by subsection (d).
It is the sense of Congress that—
(A) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region;
(B) the vast majority of individuals held in displaced persons camps in Syria are women and children, approximately 50 percent of whom are under the age of 12 at the al-Hol camp, and they face significant threats of violence and radicalization, as well as lacking access to adequate sanitation and health care facilities;
(C) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants;
(D) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and
(E) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long-term prospects for peace and stability in the region.
(c) Statement of policy.—It is the policy of the United States that—
(1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated and, where appropriate, prosecuted, or where possible, reintegrated into their country of origin, consistent with all relevant domestic laws and applicable international laws prohibiting refoulement; and
(2) the camps will be closed as soon as is practicable.
(d) Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria.—Section 1224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1642) is amended—
(1) by striking subsection (a);
(2) by amending subsection (b) to read as follows:
“(1) IN GENERAL.—The President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including—
“(A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information;
“(B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members;
“(C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards;
“(D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members;
“(E) coordination with relevant agencies on matters described in this section; and
“(F) any other matter the President considers relevant.
“(2) RULE OF CONSTRUCTION.—If, on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator.”;
(3) in subsection (c), by striking “subsection (b)” and inserting “subsection (a)”;
(4) in subsection (d), by striking “subsection (b)” and inserting “subsection (a)”;
(5) in subsection (e), by striking “January 31, 2021” and inserting “January 31, 2025”;
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new paragraph (2):
“(2) SENIOR COORDINATOR.—The term ‘Senior Coordinator’ means the individual designated under subsection (a).”; and
(C) by adding at the end the following new paragraph:
“(4) RELEVANT AGENCIES.—The term ‘relevant agencies’ means—
“(A) the Department of State;
“(B) the Department of Defense;
“(C) the Department of the Treasury;
“(D) the Department of Justice;
“(E) the United States Agency for International Development;
“(F) the Office of the Director of National Intelligence; and
“(G) any other agency the President considers relevant.”; and
(7) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively.
(e) Strategy on ISIS-Related detainee and displacement camps in Syria.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria.
(2) ELEMENTS.—The strategy required by paragraph (1) shall include—
(i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps;
(ii) efforts to encourage and facilitate repatriation and, as appropriate, investigation and prosecution of foreign nationals from such camps, consistent with all relevant domestic and applicable international laws;
(iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin;
(iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps;
(v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps;
(vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and
(vii) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence;
(i) rehabilitation centers in northeast Syria, including humanitarian conditions and processes for admittance and efforts to improve both humanitarian conditions and admittance processes for such centers and camps, as well as on the prevention of youth radicalization; and
(ii) processes for being sent to, and resources directed towards, rehabilitation centers and programs in countries that receive returned ISIS affiliated individuals, with a focus on the prevention of radicalization of minor children;
(C) a plan to improve, in such camps—
(i) security conditions, including by training of personnel and through construction; and
(ii) humanitarian conditions;
(D) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and
(E) any other matter the Secretary of State considers appropriate.
(3) FORM.—The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately.
(f) Annual interagency report.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following:
(A) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including—
(i) a description of the security and management of such facilities and camps;
(ii) an assessment of resources required for the security of such facilities and camps;
(iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards; and
(iv) an assessment of children held within such facilities and camps that may be used as part of smuggling operations to evade security at the facilities and camps.
(B) A description of all efforts undertaken by, and the resources needed for, the United States Government to address deficits in the humanitarian environment and security of such facilities and camps.
(C) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of—
(i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria;
(ii) repatriation efforts with respect to displaced women and children and male children aging into adults while held in these facilities and camps;
(iii) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and
(iv) United States Government plans and strategies to respond to any threat identified under clause (iii).
(D) The number of individuals repatriated from the custody of the Syrian Democratic Forces.
(E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases.
(F) A detailed description of efforts to encourage the final disposition and security of detained or displaced ISIS members with other countries and international organizations.
(G) A description of foreign repatriation and rehabilitation programs deemed successful systems to model, and an analysis of the long-term results of such programs.
(H) A description of the manner in which the United States Government communicates regarding repatriation and disposition efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member, in accordance with section 503(c) of the Victims' Rights and Restitution Act of 1990 (34 U.S.C. 20141(c)) and section 3771 of title 18, United States Code.
(I) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share related information that may aid in resolving the final disposition of ISIS members, and any obstacles that may hinder such efforts.
(J) Any other matter the Coordinator considers appropriate.
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately.
(g) Rule of construction.—Nothing in this section, or an amendment made by this section, may be construed—
(1) to limit the authority of any Federal agency to independently carry out the authorized functions of such agency; or
(2) to impair or otherwise affect the activities performed by that agency as granted by law.
(a) Funding.—Subsection (f) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
(1) in the matter preceding paragraph (1), by striking “for overseas contingency operations”; and
(2) by adding at the end the following new paragraph:
“(9) For fiscal year 2024, $300,000,000.”.
(b) Termination of authority.—Subsection (h) of such section is amended by striking “December 31, 2024” and inserting “December 31, 2027”.
Section 1251 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended—
(1) in subsection (c)(1), by adding at the end the following new subparagraph:
“(C) The Republic of Kosovo.”; and
(A) in the first sentence, by striking “December 31, 2024” and inserting “December 31, 2026”; and
(B) in the second sentence, by striking “December 31, 2024.” and inserting “December 31, 2026”.
Section 1245(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking “None of the funds” and all that follows through “2023” and inserting “None of the funds authorized to be appropriated for fiscal year 2023 or 2024”.
Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) in subsection (a)(7), by striking “September 30, 2024” and inserting “September 30, 2025”; and
(A) in the matter preceding subparagraph (A), by inserting “or fiscal year 2024” after “fiscal year 2023”;
(B) in subparagraph (P), by striking “; and” and inserting a semicolon;
(C) in subparagraph (Q), by striking the period at the end and inserting “; and”; and
(D) by inserting at the end the following new subparagraphs:
“(R) 3,300 Tomahawk Cruise Missiles;
“(S) 1,100 Precision Strike Missiles (PrSM);
“(T) 550 Mark 48 Torpedoes;
“(U) 1,650 RIM–162 Evolved Sea Sparrow Missiles (ESSM);
“(V) 1,980 RIM–116 Rolling Airframe Missiles (RAM); and
“(W) 11,550 Small Diameter Bomb IIs (SDB–II).”.
(a) In general.—Subject to subsection (b), when considering decisions related to United States military basing, training, and exercises, the Secretary of Defense shall prioritize those North Atlantic Treaty Organization member countries that have achieved defense spending of not less than 2 percent of their gross domestic product by 2024.
(b) Waiver.—The Secretary of Defense may waive subsection (a) if the Secretary submits a certification to the congressional defense committees that a waiver is in the national security interests of the United States.
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on lessons learned from information operations conducted by the United States, Ukraine, the Russian Federation, and member countries of the North Atlantic Treaty Organization during the lead-up to the Russian Federation's full-scale invasion of Ukraine in 2022 and throughout the conflict.
(2) ELEMENT.—The study required by paragraph (1) shall include recommendations for improvements to United States information operations to enhance effectiveness, as well as recommendations on how information operations may be improved to support the maintenance of deterrence.
(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study in its entirety, along with any such comments as the Secretary considers relevant.
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(c) Eligible entity defined.—In this section, the term “eligible entity”—
(1) means an entity independent of the Department of Defense that is not under the direction or control of the Secretary of Defense; and
(2) an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that has recognized credentials and expertise in national security and military affairs appropriate for the assessment.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the progress made in the implementation of the multi-year strategy and spending plan set forth in the June 2021 report of the Department of Defense entitled “Report to Congress on the Baltic Security Initiative”.
(b) Elements.—The report required by subsection (a) shall include the following:
(1) An identification of any significant change to the goals, objectives, and milestones identified in the June 2021 report described in subsection (a), in light of the radically changed security environment in the Baltic region after the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and with consideration to enhancing the deterrence and defense posture of the North Atlantic Treaty Organization in the Baltic region, including through the implementation of the regional defense plans of the North Atlantic Treaty Organization.
(2) An update on the Department of Defense funding allocated for such strategy and spending plan for fiscal years 2022 and 2023 and projected funding requirements for fiscal years 2024, 2025, and 2026 for each goal identified in such report.
(3) An update on the host country funding allocated and planned for each such goal.
(4) An assessment of the progress made in the implementation of the recommendations set forth in the fiscal year 2020 Baltic Defense Assessment, and reaffirmed in the June 2021 report described in subsection (a), that each Baltic country should—
(A) increase its defense budget;
(B) focus on and budget for sustainment of capabilities in defense planning; and
(C) consider combined units for expensive capabilities such as air defense, rocket artillery, and engineer assets.
It is the sense of the Senate that—
(1) the success of the North Atlantic Treaty Organization is critical to advancing United States national security objectives in Europe, the Indo-Pacific region, and around the world;
(2) the North Atlantic Treaty Organization remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law;
(3) the United States reaffirms its ironclad commitment—
(A) to the North Atlantic Treaty Organization as the foundation of transatlantic security; and
(B) to upholding its obligations under the North Atlantic Treaty, including Article 5;
(4) the unprovoked and illegal invasion of Ukraine by the Russian Federation has upended security in Europe and requires the full attention of the transatlantic alliance;
(5) welcoming Finland as the 31st member of the North Atlantic Treaty Organization has made the North Atlantic Treaty Organization Alliance stronger and the remaining North Atlantic Treaty Organization member countries should swiftly ratify the accession protocols of Sweden so as to bolster the collective security of the North Atlantic Treaty Organization by increasing the security and stability of the Baltic Sea region and Northern Europe;
(6) the North Atlantic Treaty Organization member countries that have not yet met the two-percent defense spending pledge, as agreed to at the 2014 Wales Summit, should endeavor to meet the timeline as expeditiously as possible, but certainly within the five-year period beginning on the date of the enactment of this Act;
(7) the United States and North Atlantic Treaty Organization allies and partners should continue efforts to identify, synchronize, and deliver needed assistance to Ukraine as Ukraine continues the fight against the illegal and unjust war of the Russian Federation;
(8) the Strategic Concept, agreed to by all North Atlantic Treaty Organization member countries at the Madrid Summit in 2022, outlined the focus of the North Atlantic Treaty Organization for the upcoming decade, and North Atlantic Treaty Organization allies should continue to implement the strategies outlined, including by making efforts to address the challenges posed by the coercive policies of the People's Republic of China that undermine the interests, security, and shared values of the North Atlantic Treaty Organization Alliance;
(9) the United States and North Atlantic Treaty Organization allies should continue long-term efforts—
(A) to improve interoperability among the military forces of member countries of the North Atlantic Treaty Organization so as to enhance collective operations, including the divestment of Soviet-era capabilities;
(B) to enhance security sector cooperation and explore opportunities to reinforce civil sector preparedness and resilience measures that may be likely targets of malign influence campaigns;
(C) to mitigate the impact of hybrid warfare operations, particularly those in the information and cyber domains; and
(D) to expand joint research and development initiatives with a focus on emerging technologies such as quantum computing, artificial intelligence, and machine learning, including through the work of the Defence Innovation Accelerator for the North Atlantic initiative (commonly known as “DIANA”);
(10) the European Deterrence Initiative remains critically important and has demonstrated its unique value to the United States and North Atlantic Treaty Organization allies during the current Russian Federation-created war against Ukraine;
(11) the United States should continue to work with North Atlantic Treaty Organization allies, and other allies and partners, to build permanent mechanisms to strengthen supply chains, enhance supply chain security, and fill supply chain gaps;
(12) the United States should prioritize collaboration with North Atlantic Treaty Organization allies to secure enduring and robust critical munitions supply chains so as to increase military readiness;
(13) the United States and the North Atlantic Treaty Organization should expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure; and
(14) it is in the interest of the United States that the North Atlantic Treaty Organization adopt a robust strategy toward the Black Sea, and the United States should also consider working with interested partner countries to advance a coordinated strategy inclusive of diverse elements of transatlantic security architecture in the Black Sea region.
It is the sense of the Senate that—
(1) the new initiative within the North Atlantic Treaty Organization (NATO) to establish a new research and development initiative, known as the Defence Innovation Accelerator for the North Atlantic (DIANA), is an important step in aligning the industry and academic innovation communities of the NATO member states towards common goals for identifying, experimenting, and transitioning critical technologies of importance to NATO;
(2) DIANA will spur increased defense research and development funding to rapidly adapt to a new era of strategic competition by bringing defense personnel together with NATO’s leading entrepreneurs and academic researchers;
(3) DIANA will also increase opportunities for engagement on NATO’s priority technology areas, including artificial intelligence, data, autonomy, quantum-enabled technologies, biotechnology, hypersonic technologies, space, novel materials and manufacturing, and energy and propulsion; and
(4) through DIANA, NATO allies will foster innovative ecosystems and develop talent for dual use technologies to maintain NATO’s strategic advantage.
It is the sense of the Senate that Ukraine would derive military benefit from the provision of munitions such as the dual-purpose improved conventional munition (DPICM). Such weapons could be fired from systems in the existing Ukrainian inventory and would enhance Ukraine’s stockpile of available munitions and would bolster Ukraine’s efforts to end Russia’s illegal and unjust war. The Department of Defense, in concert with the other members of the Ukraine Defense Contract Group, should continue to support Ukraine’s brave fight to defeat the invasion of the Russian Federation. The Department of Defense, in close coordination with the State Department, should assess the feasibility and advisability of providing such munitions, including giving appropriate attention to humanitarian considerations, including supporting Ukraine’s effort to end the widespread suffering of the Ukrainian people by bringing Russia’s war of choice to an end as soon as possible on terms favorable to Ukraine, as well as the views of other members of the Ukraine Defense Contract Group.
(a) In general.—The Secretary of Defense shall establish, and the Commander of the United States Indo-Pacific Command shall carry out, an Indo-Pacific Campaigning Initiative (in this section referred to as the “Initiative”) for purposes of—
(1) strengthening United States alliances and partnerships with foreign military partners in the Indo-Pacific region;
(2) deterring military aggression by potential adversaries against the United States and allies and partners of the United States;
(3) dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict;
(4) improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region;
(5) shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and
(6) improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region.
(1) BRIEFING.—Not later than March 1, 2024, the Secretary shall provide the congressional defense committees with a briefing that describes ongoing and planned campaigning activities in the Indo-Pacific region for fiscal year 2024.
(2) REPORT.—Not later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that—
(A) summarizes the campaigning activities conducted in the Indo-Pacific region during fiscal year 2024; and
(i) a value assessment of each such activity;
(ii) lessons learned in carrying out such activities;
(iii) any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and
(iv) proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a).
(c) Campaigning defined.—In this section, the term “campaigning”—
(1) means the conduct and sequencing of logically linked military activities to achieve strategy-aligned objectives, including modifying the security environment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor activities; and
(2) includes deliberately planned military activities in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a).
(a) Establishment.—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(b) Purposes.—The purposes of the program established under subsection (a) shall be—
(1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy;
(2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan;
(3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan;
(4) to promote joint force employment; and
(5) to improve professional military education and the civilian control of the military.
(c) Elements.—The program established under subsection (a) shall include efforts to improve—
(1) the tactical proficiency of the military forces of Taiwan;
(2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy;
(3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning;
(4) the reform and integration of the reserve military forces of Taiwan;
(5) the use of defense articles and services transferred from the United States to Taiwan;
(6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency;
(7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate;
(8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and
(9) any other matter the Secretary of Defense considers relevant.
(d) Deconfliction, coordination, and concurrence.—The Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(e) Reporting.—As part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1988), the Secretary of Defense shall provide—
(1) an update on efforts made to address each element under subsection (c); and
(2) an identification of any authority or resource shortfall that inhibits such efforts.
(a) Establishment.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the “Indo-Pacific Maritime Domain Awareness Initiative” (in this section referred to as the “Initiative”), to bolster maritime domain awareness in the Indo-Pacific region.
(b) Use of authorities.—In carrying out the Initiative, the Secretary of Defense may use the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(c) Purposes.—The purposes of the Initiative are as follows:
(1) To enhance the ability of allies and partners of the United States in the Indo-Pacific region to fully monitor the maritime domain of such region.
(2) To leverage emerging technologies to support maritime domain awareness objectives.
(3) To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, including by facilitating information sharing among such allies and partners.
(d) Report.—Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that outlines ongoing and planned activities of the Initiative, and the resources needed to carry out the such activities, for fiscal year 2025.
(a) Extension.—Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended—
(1) by striking “the National Defense Authorization Act for Fiscal Year 2023” and inserting “the National Defense Authorization Act for Fiscal Year 2024”; and
(2) by striking “fiscal year 2023” and inserting “fiscal year 2024”.
(b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies.—Subsection (d)(1)(A) of such section is amended by striking “fiscal years 2023 and 2024” and inserting “fiscal years 2024 and 2025”.
Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3955) is amended by striking “fiscal year 2023” and inserting “fiscal year 2024”.
(a) In general.—Subsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended—
(1) in the matter preceding paragraph (1), by striking “in Vietnam, Thailand, and Indonesia” and inserting “with covered foreign military partners”;
(2) in paragraph (1), by striking “Vietnam, Thailand, and Indonesia” and inserting “covered foreign military partners”; and
(3) in paragraph (2), by striking “Vietnam, Thailand, and Indonesia on” and inserting “covered foreign military partners on defensive”.
(b) Elements.—Subsection (b) of such section is amended—
(1) in paragraph (1), by striking “Vietnam, Thailand, and Indonesia” and inserting “covered foreign military partners”; and
(2) in paragraph (2), by striking “Vietnam, Thailand, and Indonesia” and inserting “covered foreign military partners ”.
(c) Reports.—Subsection (c)(2)(B) of such title is amended by striking “Vietnam, Thailand, and Indonesia” and inserting “covered foreign military partners”.
(d) Certification.—Subsection (d) of such section is amended—
(1) by inserting “with any covered foreign military partner” after “scheduled to commence”; and
(2) by striking “Vietnam, Indonesia, or Thailand” and inserting “the covered foreign military partner”.
(e) Extension.—Subsection (e) of such section is amended by striking “December 31, 2024” and inserting “December 31, 2029”.
(f) Definitions.—Subsection (f) of such section is amended to read as follows:
“(f) Definitions.—In this section:
“(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
“(2) COVERED FOREIGN MILITARY PARTNER.—The term ‘covered foreign military partner’ means the following:
“(A) Vietnam.
“(B) Thailand.
“(C) Indonesia.
“(D) The Philippines.
“(E) Malaysia.”.
(1) Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended, in the section heading, by striking “Vietnam, Thailand, and Indonesia” and inserting “covered foreign military partners in Southeast Asia”.
(2) The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3388) is amended by striking the item relating to section 1256 and inserting the following:
“Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.”.
(3) The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3905) is amended by striking the item relating to section 1256 and inserting the following:
“Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.”.
(a) In general.—Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2844) is amended—
(1) in the section heading, by striking “other matters” and inserting “Taiwan”; and
(i) in subparagraph (B), by inserting “or the Government of Taiwan” after “the Government of Ukraine”; and
(ii) in subparagraph (C), by inserting “or the Government of Taiwan” after “the Government of Ukraine”;
(i) by striking subparagraph (A) and inserting the following:
“(A) the replacement of defense articles from stocks of the Department of Defense provided to—
“(i) the Government of Ukraine;
“(ii) foreign countries that have provided support to Ukraine at the request of the United States;
“(iii) the Government of Taiwan; or
“(iv) foreign countries that have provided support to Taiwan at the request of the United States; or”; and
(ii) in subparagraph (B), by inserting “or the Government of Taiwan” before the period at the end;
(C) in paragraph (7), by striking “September 30, 2024” and inserting “September 30, 2028”;
(D) by redesignating paragraph (7) as paragraph (8); and
(E) by inserting after paragraph (6) the following new paragraph (7):
“(7) NOTIFICATION.—Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule.”.
(1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following:
“Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.”.
(2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following:
“Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.”.
(a) In general.—Not later than June 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing United States security cooperation with Japan.
(b) Elements.—The plan required by subsection (a) shall include the following:
(A) increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the Self-Defense Forces of Japan;
(B) increasing multilateral military-to-military engagements involving the United States Armed Forces, the Self-Defense Forces of Japan, and the military forces of other regional allies and partners, including Australia, India, the Republic of Korea, and the Philippines, as appropriate;
(C) increased sharing of intelligence and other information, including the adoption of enhanced security protocols;
(D) current mechanisms, processes, and plans to coordinate and engage with the Joint Headquarters of the Self-Defense Forces of Japan; and
(E) enhancing cooperation on advanced technology initiatives, including artificial intelligence, cyber, space, undersea, hypersonic, and related technologies.
(2) An analysis of the feasibility and advisability of—
(A) increasing combined planning efforts between the United States and Japan to address potential regional contingencies;
(B) modifying United States command structures in Japan—
(i) to coordinate all United States military activities and operations in Japan;
(ii) to complement similar changes by the Self-Defense Forces of Japan; and
(iii) to facilitate integrated planning and implementation of combined activities; and
(C) additional modifications to the force posture of the United States Armed Forces in Japan, including the establishment of additional main operating locations, cooperative security locations, contingency locations, and other forward operating sites.
(3) An identification of challenges to the implementation of the plan required by subsection (a) and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such plan.
(c) Form.—The plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(a) Identification of operating locations.—
(1) IN GENERAL.—The Secretary of Defense shall conduct a classified survey to identify each United States operating location within the area of responsibility of the United States Indo-Pacific Command, including in the First, Second, and Third Island Chains, that—
(A) may be used to respond militarily to aggression by the People’s Republic of China; and
(B) is considered to not be sufficiently capable of mitigating damage to aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China.
(2) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey under paragraph (1).
(b) Plan.—Not later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a plan—
(1) to implement improvements, as appropriate, to operating locations identified under that subsection so as to increase the survivability of aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack b3y the People’s Republic of China; and
(2) that includes an articulation of other means for increasing survivability of such aircraft in the event of such an attack, including dispersal and deception.
(c) Form.—The report and plan required by this section shall be submitted in classified form.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for improving the posture of ground-based theater-range missile capabilities in the Indo-Pacific region.
(b) Elements.—The strategy required by subsection (a) shall include the following:
(1) An assessment of gaps in conventional ground-based theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command.
(2) An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors in the Indo-Pacific region.
(3) An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command, including an articulation of the bilateral agreements necessary to support such deployments.
(4) A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific.
(5) An identification of prospective foreign partners and institutional mechanisms for co-development and co-production of new theater-range conventional missiles.
(6) An assessment of the cost and schedule of developmental ground-based theater-range missiles programs, including any potential cost-sharing arrangements with foreign partners through existing institutional mechanisms.
(7) The designation of a theater component commander or joint task force commander within the United States Indo-Pacific Command responsible for developing a theater missile strategy.
(8) Any other matter the Secretary considers relevant.
(c) Form.—The strategy required by subsection (a) may be submitted in classified form but shall include an unclassified summary.
(d) Ground-based theater-range missile defined.—In this section, the term “ground-based theater-range missile” means a conventional mobile ground-launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers.
(a) In general.—The Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall seek to ensure that India is appropriately considered for security cooperation benefits consistent with the status of India as a major defense partner of the United States, including with respect to the following lines of effort:
(1) Eligibility for funding to initiate or facilitate cooperative research, development, testing, or evaluation projects with the Department of Defense, with priority given to projects in the areas of—
(A) artificial intelligence;
(B) undersea domain awareness;
(C) air combat and support;
(D) munitions; and
(E) mobility.
(2) Eligibility to enter into reciprocal agreements with the Department of Defense for the cooperative provision of training on a bilateral or multilateral basis in support of programs for the purpose of building capacity in the areas of—
(A) counterterrorism operations;
(B) counter-weapons of mass destruction operations;
(C) counter-illicit drug trafficking operations;
(D) counter-transnational organized crime operations;
(E) maritime and border security operations;
(F) military intelligence operations;
(G) air domain awareness operations; and
(H) cyberspace security and defensive cyberspace operations.
(3) Eligibility to enter into a memorandum of understanding or other formal agreement with the Department of Defense for the purpose of conducting cooperative research and development projects on defense equipment and munitions.
(4) Eligibility for companies from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States.
(b) Briefing.—Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall provide the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives with a briefing on the status of security cooperation activities with India, including the lines of effort specified in subsection (a).
(a) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(b) Cooperation efforts.—In expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts—
(1) to actively defend military networks, infrastructure, and systems;
(2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities and exercises.
(1) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section.
(2) CONTENTS.—The briefing under paragraph (1) shall include the following:
(A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan.
(B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation.
(C) An overview of efforts undertaken pursuant to this section.
(D) Any other matter the Secretary considers relevant.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(a) Designation of senior official.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the security partnership among Australia, the United Kingdom, and the United States (commonly known as the “AUKUS partnership”).
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress an implementation plan outlining Department efforts relating to the AUKUS partnership.
(2) ELEMENTS.—The plan required by paragraph (1) shall include the following:
(A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership.
(B) An identification of dependencies of such milestones on defense requirements that are—
(i) unrelated to the AUKUS partnership; and
(ii) solely within the decisionmaking responsibility of Australia or the United Kingdom.
(C) Recommendations for adjustments to statutory and regulatory export authorities or frameworks, including technology transfer and protection, necessary to efficiently implement the AUKUS partnership.
(D) A consideration of the implications of the plan on the industrial base with respect to—
(i) the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements;
(ii) acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors;
(iii) stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and
(iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States.
(E) A description of resourcing and personnel requirements, including the hiring of additional foreign disclosure officers.
(F) A plan for improving information sharing, including—
(i) recommendations for modifications to foreign disclosure policies and processes;
(ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership;
(iii) the establishment of an information handling caveat specific to the AUKUS partnership; and
(iv) the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat.
(G) Processes for the protection of privately held intellectual property, including patents.
(H) A plan to leverage, for the AUKUS partnership, any relevant existing cybersecurity or technology partnership or cooperation activity between the United States and the United Kingdom or between the United States and Australia.
(I) Recommended updates to other statutory, regulatory, policy, or process frameworks.
(J) Any other matter the Secretary of Defense considers appropriate.
(c) Semiannual updates.—Not later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter on April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees with a briefing on the status of all Department activities to implement the AUKUS partnership.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committees on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report that—
(1) describes the conditions under which the military forces of the Republic of Korea would be prepared to assume wartime operational control of the United States and Republic of Korea Combined Forces Command; and
(2) includes an assessment of the extent to which the military forces of the Republic of Korea meet such conditions as of the date on which the report is submitted.
(1) IN GENERAL.—Not later than 30 days before the date on which wartime operational control of the United States and Republic of Korea Combined Forces Command is transferred to the Republic of Korea, the Secretary of Defense, in coordination with the Secretary of State, shall notify the appropriate committees of Congress of such transfer.
(2) ELEMENTS.—The notification required by paragraph (1) shall include the following:
(A) An assessment of the extent to which the military forces of the Republic of Korea meet the conditions described in the report submitted under subsection (a), including with respect to the acquisition by the Republic of Korea of necessary military capabilities to counter the capabilities of the Democratic People's Republic of Korea.
(B) A description of the command relationship among the United Nations Command, the United States and Republic of Korea Combined Forces Command, the United States Forces Korea, and the military forces of the Republic of Korea.
(C) An assessment of the extent to which such transfer impacts the security of the United States, the Republic of Korea, and other regional allies and partners.
(c) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(a) In general.—Not later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030.
(b) Elements.—The report required by subsection (a) shall—
(A) attacks within the homelands of the United States and the People's Republic of China, including cyber threats and the potential disruption of critical infrastructure;
(B) impacts on the United States Armed Forces and the military forces of United States allies and partners, including loss of life, capabilities, United States force posture, and United States alliances in the Indo-Pacific region;
(C) impacts on the military forces of the People's Republic of China, including loss of life and capabilities;
(D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region;
(E) disruption of the global economy; and
(F) any other matter the Director of the Office of Net Assessment considers relevant; and
(2) include a review of previous attempts in history to forecast the consequences and costs of war.
(c) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) Briefing.—Not less than 14 days before the date on which the report required by subsection (a) is submitted, the Director of the Office of Net Assessment shall provide a briefing to the congressional defense committees on the conclusions of the report.
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent study for the purpose of improving the current command structure and force posture of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command.
(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study required by paragraph (1) shall submit to the Secretary a report on the findings of the study.
(B) ELEMENTS.—The report required by subparagraph (A) shall include the following:
(I) the current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command;
(II) the current force posture, basing, access, and overflight agreements of the United States Armed Forces in such area of responsibility; and
(III) any operational or command and control challenge resulting from the geography, current force posture of the United States Armed Forces, or current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command.
(I) adjustments to the force posture of the United States Armed Forces in such area of responsibility, including an identification of any additional basing, access, and overflight agreement that may be necessary in response to the changing security environment in such area of responsibility;
(II) modifying the current organizational and command structure of the United States Indo-Pacific Command, including United States Forces Japan and United States Forces Korea, in response to such changing security environment; or
(III) improving the ability to better coordinate with allies and partners during peacetime and conflict.
(1) IN GENERAL.—Not later than February 1, 2025, the Secretary shall submit to the congressional defense committees an unaltered copy of the report submitted to the Secretary under subsection (a)(2), together with the views of the Secretary on the findings set forth in such report and any corresponding recommendation.
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(3) PUBLIC AVAILABILITY.—The Secretary shall make available to the public the unclassified form of the report required by paragraph (1).
(1) DEFENSE INTELLIGENCE AGENCY STUDY.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, shall—
(A) complete a study on the defense budget of the People’s Republic of China;
(B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and
(C) make the results of the study available to the public on the internet website of the Department of Defense.
(2) SECRETARY OF DEFENSE STUDY.—Not later than 90 days after the date on which the study required by paragraph (1) is submitted, the Secretary of Defense shall—
(A) complete a comparative study on the defense budgets of the People’s Republic of China and the United States;
(B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and
(C) make the results of the study available to the public on the internet website of the Department of Defense.
(3) METHODOLOGY.—The studies required by paragraphs (1) and (2) shall each employ a robust methodology that—
(A) does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party;
(B) takes into account the military-civil fusion present in the People’s Republic of China; and
(C) employs the building-block method of analysis or a similar method of analysis, as appropriate.
(4) OBJECTIVE.—The objective of the studies required by paragraphs (1) and (2) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States.
(b) Elements.—At a minimum, the studies required by this section shall do the following:
(1) Determine the amounts invested by each subject country across functional categories for spending, including—
(A) defense-related research and development;
(B) weapons procurement from domestic and foreign sources;
(C) operations and maintenance;
(D) pay and benefits;
(E) military pensions; and
(F) any other category the Secretary considers relevant.
(2) Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods.
(3) Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison.
(4) Exclude spending related to veterans’ benefits, other than military pensions provided to veterans.
(c) Considerations.—The studies required by this section may take into consideration the following:
(1) The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China.
(2) The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country.
(3) Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China.
(d) Form.—The studies required by this section shall be submitted in unclassified form, free of handling restrictions, but may include classified annexes.
(a) Briefing.—Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing that describes the provision of security assistance and training by the People’s Republic of China to foreign military forces for the purpose of achieving the national objectives of the People's Republic of China.
(b) Summary of mitigation activities.—As part of the first report submitted under section 1206(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1960; 10 U.S.C. 301 note) after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a summary of Department of Defense activities designed to mitigate the provision of security assistance and training referred to in subsection (a), including such activities that—
(1) strengthen United States alliances and partnerships with foreign military partners;
(2) identify countries or governments to which the People’s Republic of China provides such security assistance or military training;
(3) dissuade countries and governments from relying on the People’s Republic of China as a partner for such security assistance and military training;
(4) identify any manner in which the United States, or close allies of the United States, may engage with countries and governments to be the preferred partner for security assistance and military training; and
(5) improve the ability of the United States Armed Forces to coordinate and operate with allies and partners for purposes of mitigating the provision of security assistance and military training by the People’s Republic of China.
(c) Appropriate committees of Congress.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(a) In general.—Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2027, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate committees of Congress with a briefing on bilateral agreements supporting the United States military posture in the Indo-Pacific region.
(b) Elements.—Each briefing required by subsection (a) shall include the following:
(1) An update on notable changes to elements described in section 1262(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2857).
(2) An assessment of the impact on United States military operations if any individual or combination of allies and partners were to deny continued access, basing, or overflight rights, including with respect to—
(A) forward presence;
(B) agile basing;
(C) pre-positioned materials; or
(D) fueling and resupply.
(c) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
(a) In general.—Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
(1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea;
(2) efforts by the Department of Defense to engage with the People’s Liberation Army; and
(3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea.
(b) Elements.—Each briefing required by subsection (a) shall include the following:
(A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army;
(B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) or through the direct commercial sales or foreign military sales processes;
(C) United States efforts to deter aggression by the People's Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and
(D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia.
(2) The most recent information regarding the readiness of or preparations by the People's Liberation Army to potentially conduct aggressive military action against Taiwan.
(3) A description of any military activity carried out during the preceding quarter by the People's Republic of China in the vicinity of Taiwan.
(4) A description of engagements by Department of Defense officials with the People's Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities.
(5) Any other matter the Secretary considers relevant.
None of the funds authorized to be appropriated by this Act may be used to knowingly provide active and direct support to any film, television, or other entertainment project if the Secretary of Defense has demonstrable evidence that the project has complied or is likely to comply with a demand from the Government of the People’s Republic of China or the Chinese Communist Party, or an entity under the direction of the People’s Republic of China or the Chinese Communist Party, to censor the content of the project in a material manner to advance the national interest of the People’s Republic of China.
None of the funds authorized to be appropriated under this Act may be made available for the Wuhan Institute of Virology for any purpose.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that—
(1) was provided, whether purposely or inadvertently, to—
(A) the People’s Republic of China;
(B) the Communist Party of China;
(C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences;
(D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; or
(E) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or
(2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country.
(b) Identification of countries and pathogens.—The report required under subsection (a) shall specify—
(1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and
(2) the pathogens involved in such research or experiments.
None of the funds authorized to be appropriated under this Act may be made available for any purpose to—
(1) EcoHealth Alliance, Inc.;
(2) any subsidiary of EcoHealth Alliance Inc;
(3) any organization that is directly controlled by EcoHealth Alliance Inc; or
(4) any organization or individual that is a subgrantee or subcontractor of EcoHealth Alliance Inc.
(a) In general.—The Secretary of Defense shall conduct an assessment, based on the contingency operational plan for a major conflict in the area of operations of the United States Indo-Pacific Command, to identify and characterize the dependencies of such plan on specific critical infrastructure facilities, capabilities, and services for the successful mobilization, deployment, and sustainment of forces.
(b) Briefings.—The Secretary shall provide to the congressional defense committees—
(1) before the date on which the Secretary commences the assessment required by subsection (a), a briefing that sets forth the terms of reference and a plan for such assessment; and
(2) a briefing on the results of such assessment, not later than the earlier of—
(A) the date on which Secretary completes such assessment; or
(B) the date that is 180 days after the enactment of this Act.
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities.
(2) BRIEFING REQUIREMENT.—Not later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress.
(3) FORM.—The required report shall be provided in classified form with an unclassified cover letter.
(b) Definitions.—In this section:
(1) ABSORPTIVE CAPACITY.—The term “absorptive capacity” means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use.
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China.
(2) ELEMENTS.—The analysis required by paragraph (1) shall include the following:
(A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People's Republic of China could accomplish such a blockade.
(B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People's Republic of China, and the likely timelines for such indications and warnings.
(C) An identification of other coercive actions the People's Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan.
(D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population.
(E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario.
(F) An assessment of key military operational problems presented by such a blockade.
(G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F).
(H) An assessment of challenges to escalation management.
(I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation.
(J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing.
(K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade.
(L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade.
(M) Any other matter the Secretary of Defense considers relevant.
(b) Interagency engagement.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency—
(1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People's Republic of China; and
(2) to better understand potential options for a response by the United States Government to such a blockade.
(c) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report—
(1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and
(2) the interagency engagements conducted under subsection (b).
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(a) Findings.—The Senate makes the following findings:
(1) The 2022 National Defense Strategy states, “[m]utually-beneficial Alliances and partnerships are our greatest global strategic advantage.”.
(2) The United States Indo-Pacific Strategy states, “we will prioritize our single greatest asymmetric strength: our network of security alliances and partnerships. Across the region, the United States will work with allies and partners to deepen our interoperability and develop and deploy advanced warfighting capabilities as we support them in defending their citizens and their sovereign interests.”.
(3) Secretary of Defense Lloyd Austin testified on March 28, 2023, that “our allies and partners are a huge force multiplier. They magnify our power, advance our shared security interests, and help uphold a world that is free, open, prosperous, and secure.”.
(4) Chairman of the Joint Chiefs of Staff General Milley testified on March 28, 2023, that “our alliances and partnerships are key to maintaining the rules-based international order and a stable and open international system promoting peace and prosperity…We are stronger when we operate closely with our allies and partners.”.
(5) Commander of the United States Indo-Pacific Command Admiral Aquilino testified on April 20, 2023, that “a robust network of allies and partners, built on the strength of our shared interests, is our greatest advantage. United States Indo-Pacific Command is strengthening all layers of our security network: allies, multilateral arrangements, partners, friends, and the Five Eyes nations. We execute security cooperation activities, training, and exercises to strengthen those relationships, build partner capacity, and enhance interoperability.”.
(b) Sense of the Senate.—It is the sense of the Senate that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by—
(1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence;
(2) reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country and affirming the United States commitment to extended deterrence using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United States (commonly known as “AUKUS”)—
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture;
(5) broadening United States engagement with India, including through the Quadrilateral Security Dialogue—
(A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and
(B) to enable greater cooperation on maritime security;
(6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), and the Six Assurances, with the goal of improving Taiwan's defensive capabilities and promoting peaceful cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and other Pacific Island countries with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported, and unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France, and other members of the European Union and the North Atlantic Treaty Organization to build connectivity and advance a shared vision for the region that is principled, long-term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees an assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control.
(b) Elements.—The Secretary, in consultation with the Secretary of Education, shall include in the assessment required by subsection (a) an estimate of—
(1) a list and description of each of the gifts and grants provided to United States institutions of higher education by entities described in subsection (a); and
(2) the monetary value of each of those gifts and grants.
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(2) GIFTS AND GRANTS.—The term “gifts and grants” includes financial contributions, material donations, provision of services, scholarships, fellowships, research funding, infrastructure investment, contracts, or any other form of support that provides a benefit to the recipient institution.
Section 3 of the Act entitled “An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force”, approved November 27, 2019 (Public Law 116–77; 133 Stat. 1173), is amended by striking “shall expire on December 31, 2024” and inserting ‘‘shall expire on the date on which the President certifies to the appropriate congressional committees that—
“(1) the Secretary of State has, on or after the date of the enactment of this paragraph, certified under section 205 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701 et seq.) that Hong Kong warrants treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;
“(2) the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and
“(3) there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns.”.
This subtitle may be cited as the “Securing Maritime Data from China Act of 2023”.
In this subtitle, the term “LOGINK” means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People’s Republic of China.
(a) Contracting prohibition.—The Department of Defense may not enter into or renew any contract with any entity that uses—
(1) LOGINK;
(2) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or
(3) any logistics platform that shares data with a system described in paragraph (1) or (2).
(b) Applicability.—Subsection (a) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense roles and responsibilities in support of the National Strategy for the Arctic Region that includes—
(1) an identification of the Department's lines of effort to support the implementation of the National Strategy for the Arctic Region, including the implementation plan for each applicable military department;
(2) a plan for the execution of, and a projected timeline and the resource requirements for, each such line of effort; and
(3) any other matter the Secretary considers relevant.
(a) Use of funds other than appropriated funds.—
(1) IN GENERAL.—Subject to paragraph (2), the Director of the Defense Intelligence Agency, in coordination with the Secretary of State and the Director of National Intelligence, may accept and expend foreign partner funds in order for the foreign partner or partners to share with the Defense Intelligence Agency the expenses of joint and combined military intelligence collection and analysis activities.
(A) PREVIOUSLY DENIED FUNDS.—Funds accepted under this section may not be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for any purpose for which Congress has previously denied funds.
(B) JOINT BENEFIT.—The authority provided by paragraph (1) may not be used to acquire items or services for the sole benefit of the United States.
(b) Annual Report.—Not later than March 1, 2025, and annually thereafter for four years, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including an identification of the foreign partner or partners involved and a description of the purpose of such funds.
(c) Termination.—The authority to accept and expend foreign partner funds pursuant to this section shall terminate on December 31, 2028.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(1) IN GENERAL.—Not later than January 1, 2025, the Secretary of Defense shall establish a partnership program using existing authorities to collaborate with the military forces of partner countries in developing and maintaining military-wide transformational strategies for operational energy (in this section referred to as the “Program”).
(2) ORGANIZATION.—The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Under Secretary of Defense for Policy and in consultation with the Secretaries of the military departments, the commanders of the combatant commands, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program.
(b) Objective.—The objective of the Program is to promote the readiness of the United States Armed Forces and the military forces of partner countries for missions in contested logistics environments by focusing on demand reduction and employing more diverse and renewable operational energy sources so as to enhance energy security, energy resilience, and energy conservation, reduce logistical vulnerabilities, and ensure that supply lines are resilient to extreme weather, disruptions to energy supplies, and direct or indirect cyber attacks.
(1) IN GENERAL.—Under the Program, the United States Armed Forces and the military forces of each participating partner country shall, in coordination—
(A) establish policies to improve warfighting capability through energy security and energy resilience;
(B) integrate efforts to mitigate mutual contested logistics challenges through the reduction of operational energy demand;
(C) identify and mitigate operational energy challenges presented by any contested logistics environment, including through developing innovative delivery systems, distributed storage, flexible contracting, and improved automation;
(D) assess and integrate, to the extent practicable, any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce operational energy demand in the near term or long term;
(E) assess and consider any infrastructure investment of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary; and
(F) assess and integrate, to the extent practicable—
(i) any technology that increases sustainability; and
(ii) any practice, technology, or strategy that reduces negative impacts on human health.
(2) COUNTRY CONSIDERATIONS.—In carrying out any activity under paragraph (1), to the extent practicable, the relevant existing and past military conflicts and cultural practices of, and beliefs prevalent in, the participating country shall be taken into account.
(1) IN GENERAL.—Not later than September 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program.
(2) ELEMENTS.—The strategy required by paragraph (1) shall include the following:
(A) A governance structure for the Program, including—
(i) the officials tasked to oversee the Program;
(ii) the format of the governing body of the Program;
(iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and
(iv) mechanisms for coordinating with partner countries selected to participate in the Program.
(B) With respect to the selection of partner countries initially selected to participate in the Program—
(i) an identification of each such country;
(ii) the rationale for selecting each such country, including a description of—
(I) the benefits to the military forces of the partner country; and
(II) the benefits to the United States Armed Forces of participation by such country;
(iii) a description of any limitation on the participation of a selected partner country; and
(iv) any other information the Secretary considers appropriate.
(C) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program.
(D) A campaign of objectives for the first three fiscal years of the Program, including—
(i) a description of, and a rationale for selecting, such objectives;
(ii) an identification of milestones toward achieving such objectives; and
(iii) metrics for evaluating success in achieving such objectives.
(E) A description of opportunities and potential timelines for future Program expansion, as appropriate.
(F) Any other information the Secretary considers appropriate.
(3) FORM.—The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(1) IN GENERAL.—Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program.
(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:
(A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year.
(B) Except in the case of the initial report, an assessment of progress toward the objectives established for the preceding fiscal year described in the preceding report under this subsection using the metrics established in such report.
(C) A campaign of objectives for the three fiscal years following the date of submission of the report, including—
(i) a description of, and a rationale for selecting, such objectives;
(ii) an identification of milestones toward achieving such objectives; and
(iii) metrics for evaluating success in achieving such objectives.
(D) A description of opportunities and potential timelines for future Program expansion, as appropriate.
(E) Any other information the Secretary considers appropriate.
(3) FORM.— Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(f) Termination.—The Program shall terminate on December 31, 2029.
(g) Contested logistics environment defined.—In this section, the term “contested logistics environment” means an environment in which the United States Armed Forces or the military forces of a partner country engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.
(a) In general.—Chapter 3 of title 10, United States Code, is amended by inserting after section 127c the following:
“§ 127d. Support of special operations for irregular warfare
“(a) Authority.—The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces.
“(b) Funds.—Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance.
“(1) IN GENERAL.—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section.
“(2) ELEMENTS.—The procedures required under paragraph (1) shall establish, at a minimum, the following:
“(A) Policy guidance for the execution of, and constraints within, activities under the authority in this section.
“(B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.
“(C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States.
“(D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights.
“(E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of—
“(i) the requirements for the use of the authority in this section; and
“(ii) activities conducted under such authority.
“(3) NOTICE TO CONGRESS ON PROCEDURES AND MATERIAL MODIFICATIONS.—The Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures.
“(d) Construction of authority.—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following:
“(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
“(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
“(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
“(e) Limitation on delegation.—The authority of the Secretary to make funds available under this section for support of a military operation may not be delegated.
“(f) Programmatic and policy oversight.—The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section.
“(1) IN GENERAL.—Not later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing.
“(2) ELEMENTS.—A notification required by this subsection shall include the following:
“(A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported.
“(B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds.
“(C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds.
“(D) The amount obligated under the authority to provide support.
“(E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support.
“(F) The determination of the Secretary that the provision of support does not constitute any of the following:
“(i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
“(ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
“(iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
“(h) Notification of suspension or termination of support.—
“(1) IN GENERAL.—Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination.
“(2) ELEMENTS.—The written notice required by paragraph (1) shall include each of the following:
“(A) A description of the reasons for the suspension or termination of such support.
“(B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination.
“(C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.
“(1) REPORT ON PRECEDING FISCAL YEAR.—Not later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year.
“(2) REPORT ON CURRENT CALENDAR YEAR.— Not later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted.
“(3) ELEMENTS.—Each report required by this subsection shall include the following:
“(A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report.
“(B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period.
“(C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals).
“(D) A detailed description of the support provided to the recipients under this section during such period.
“(E) The total amount obligated for support under this section during such period, including budget details.
“(F) The intended duration of support provided under this section during such period.
“(G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces.
“(H) The total amount obligated for support under this section in prior fiscal years.
“(1) IN GENERAL.—Not less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of—
“(A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and
“(B) consulting with the congressional defense committees regarding such matters.
“(2) ELEMENTS.—Each briefing required by paragraph (1) shall include the following:
“(A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy.
“(B) An overview of relevant authorities and legal issues, including limitations.
“(C) An overview of irregular warfare-related interagency activities and initiatives.
“(D) A description of emerging combatant command requirements for the use of the authority provided by this section.
“(k) Irregular warfare defined.—Subject to subsection (f), in this section, the term ‘irregular warfare’ means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item:
“127d. Support of special operations for irregular warfare.”.
(c) Repeal.—Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed.
Section 127f of title 10, United States Code, is amended—
(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (g), and (h), respectively;
(2) by inserting after subsection (b) the following new subsection (c):
“(1) IN GENERAL.—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section.
“(2) ELEMENTS.—The procedures required under paragraph (1) shall establish, at a minimum, each of the following:
“(A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section.
“(B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.
“(C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States.
“(D) The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of—
“(i) the requirements for the use of the authority in this section; and
“(ii) activities conducted under such authority.
“(3) NOTICE TO CONGRESS.—The Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1).”;
(3) by inserting after subsection (e), as redesignated, the following new subsection (f):
“(f) Notification.—Not later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing.”; and
(4) by adding at the end the following new subsections:
“(i) Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.—The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section.
“(j) Construction of authority.—Nothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following:
“(1) Execution of operational activities.
“(2) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
“(3) An introduction of the armed forces, (including the introduction of United States Armed Forces as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
“(4) Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
“(k) Operational preparation of the environment defined.—In this section, the term ‘operational preparation of the environment’ means the conduct of activities in likely or potential operational areas to set conditions for mission execution.”.
Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note) is amended—
(A) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively;
(B) by inserting after paragraph (6) the following new paragraph (7):
“(7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include—
“(A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities;
“(B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance;
“(C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; and
“(D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award.”; and
(C) by adding at the end the following new paragraph:
“(11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include—
“(A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets;
“(B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and
“(C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence.”; and
(2) in subsection (e)(2), by adding at the end the following new subparagraph:
“(G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative.”.
Section 1213(h) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended—
(1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), and moving such clauses, as redesignated, two ems to the right;
(2) by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as redesignated, two ems to the right;
(3) by amending paragraph (2) to read as follows:
“(B) A description of any denied or refused ex gratia payment or request, including—
“(i) the date on which any such request was made;
“(ii) the steps the Department of Defense has taken to respond to the request;
“(iii) in the case of a refused payment, the reason for such refusal, if known; and
“(iv) any other reason for which a payment was not offered or made.”;
(4) by redesignating paragraph (3) as subparagraph (C) and moving such subparagraph, as redesignated, two ems to the right;
(5) by striking “Not later than” and inserting the following:
“(1) IN GENERAL.—Not later than”; and
(6) by adding at the end the following new paragraph (2):
“(A) IN GENERAL.—Not later than 15 days after the date on which the Secretary of Defense submits each report required by paragraph (1), the Secretary shall make the report available to the public in an electronic format.
“(B) PRIVACY.—The Secretary of Defense shall exclude from each report made available to the public under subparagraph (A)—
“(i) confidential or personally identifiable information pertaining to specific payment recipients so as to ensure the safety and privacy of such recipients; and
“(ii) any confidential or classified information that would undermine Department of Defense operational security.”.
(a) Program authorization.—Section 1280 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended—
(1) in subsection (d), in the first sentence—
(A) by inserting “acting through the Under Secretary of Defense for Research and Engineering,” after “the Secretary of Defense,”; and
(B) by striking “may establish a program” and inserting “is authorized”; and
(2) by adding at the end the following new subsection:
“(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing—
“(A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel;
“(B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel;
“(C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and
“(D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable.
“(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.”.
(b) Additional funding.—The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for Advanced Component Development and Prototypes is hereby increased by $25,000,000, with the amount of the increase to be available for Israeli Cooperative Programs (PE 0603913C).
(c) Offset.—The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for the Air Force is hereby decreased by $25,000,000, with the amount of the decrease to be taken from the amounts available for VC–25B (PE 0401319F).
Section 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1927) is amended—
(1) in subparagraph (A), by striking “the Secretary may” and inserting “the Secretary shall”; and
(2) in subparagraph (B)(i), by striking “If the Initiative is established” and inserting “On the establishment of the Initiative”.
Section 943(g) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578) is amended to read as follows:
“(g) Termination.—The authority under this section shall terminate on December 31, 2023.”.
Section 1273 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1699) is amended to read as follows:
“SEC. 1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.
“ For the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted.”.
Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking “December 31, 2024” and inserting “December 31, 2026”.
(a) In general.—The authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense.
(b) Review.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall review existing designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees with a certification with respect to whether each such designation remains valid.
(1) IN GENERAL.—The Secretary may waive the prohibition under subsection (a) if the Secretary determines that there are compelling circumstances that necessitate the waiver of such prohibition.
(2) NOTICE.—Not later than 48 hours after the Secretary exercises the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the waiver, which shall include—
(A) a description of the compelling circumstances that necessitated the wavier;
(B) a description of the United States national security interests served by the waiver;
(C) an identification of any named operation related to the waiver; and
(D) an articulation of any temporal, geographic, or other limitations on the waiver.
(d) Rule of construction.—Nothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act.
(e) Collective self-defense defined.—In this section, the term “collective self-defense” means the use of United States military force to defend designated foreign partner forces, their facilities, and their property.
(a) In general.—Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a note) is amended—
(1) in the section heading, by striking “Administration of the American, British, Canadian, and Australian Armies' Program” and inserting “Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom”; and
(A) by inserting “a military department of” after “the participation by”; and
(B) by striking “the land-force program known as the American, British, Canadian, and Australian Armies’ Program” and inserting “an interoperability program with the military forces of one or more participating countries specified in subsection (b)”.
(1) The table of contents of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1632) is amended by striking the item relating to section 1274 and inserting the following:
“Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.”.
(2) The table of contents for title XII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1977) is amended by striking the item relating to section 1274 and inserting the following:
“Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.”.
(1) IN GENERAL.—The Secretary of Defense, using existing authorities and in consultation with the head of any other Federal agency, as appropriate, shall seek to cooperate with allies and partners in the Middle East with respect to developing an integrated regional cybersecurity architecture and deepening military cybersecurity partnerships to defend military networks, infrastructure, and systems against hostile cyber activity.
(2) PROTECTION OF SENSITIVE INFORMATION.—Any activity carried out under paragraph (1)shall be conducted in a manner that—
(A) is consistent with the protection of intelligence sources and methods; and
(B) appropriately protects sensitive information and the national security interests of the United States.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for cooperation with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture to defend military networks, infrastructure, and systems against hostile cyber activity.
(2) ELEMENTS.—The strategy submitted under paragraph (1) shall include the following:
(A) An assessment of the threat landscape of cyberattacks, military networks, infrastructure, and systems against allies and partners within the Middle East.
(B) A description of current efforts to share, between the United States and allies and partners within the Middle East, indicators and warnings, tactics, techniques, procedures, threat signatures, planning efforts, training, and other similar information about cyber threats.
(C) An analysis of current bilateral and multilateral defense protocols protecting military networks, infrastructure, and systems and sharing sensitive cyber threat information between the United States and allies and partners in the Middle East.
(D) An assessment of whether a multinational integrated military cybersecurity partnership, including establishing a center in the Middle East to facilitate such activities, would improve collective security in the Middle East.
(E) An assessment of gaps in ally and partner capabilities that would have to be remedied in order to establish such a center.
(F) A description of any prior or ongoing effort to engage allies and partners in the Middle East in establishing—
(i) a multinational integrated cybersecurity partnership or other bilateral or multilateral defensive cybersecurity information sharing and training partnership; or
(ii) other cooperative defensive cybersecurity measures.
(G) An identification of elements of a potential multinational military cybersecurity partnership, or other bilateral or multilateral defensive cybersecurity measures, that—
(i) can be acquired and operated by specified foreign partners within the area of responsibility of the United States Central Command;
(ii) can only be provided and operated by the United States; and
(iii) can be provided by a third party entity contracted by the United States Central Command jointly with specified foreign partners.
(H) Any other matter the Secretary of Defense considers relevant.
(3) FORM.—The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(c) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(a) Establishment.—The Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.), an account, to be known as the “Foreign Advance Acquisition Account” (in this section referred to as the “Account”), that shall be maintained separately from other accounts and used to accelerate the production of United States-produced end items in reasonable anticipation of the sale of such end items through the foreign military sales or direct commercial sales processes.
(b) Use of funds.—Amounts in the Account shall be made available to the Secretary of Defense for the following purposes:
(1) To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process.
(2) To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the acquisition of such defense articles and services.
(3) To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)).
(c) Contributions from covered countries.—The Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country.
(1) APPLICABILITY OF OTHER LAW.—Defense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other applicable law.
(2) PREVIOUSLY DENIED FUNDS.—Amounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds.
(3) ADDITIONAL LIMITATION.—Amounts in the Account may not be used to acquire items or services for the sole benefit of the United States.
(e) Annual report.—Not later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year—
(1) an identification of each covered country that contributed to the Account;
(2) the amount deposited into the Account by each such covered country; and
(3) for each such covered country, the designated defense articles or services acquired or to be acquired.
(f) Quarterly report.—Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction—
(1) a description of the transaction;
(2) the amount of the transaction;
(3) the covered country concerned;
(4) an identification of any storage, maintenance, or other costs associated with the transaction; and
(5) the anticipated date of delivery of the applicable defense articles or services.
(g) Termination.—The authority under subsection (b) to use funds in the Account shall terminate on January 1, 2028.
(h) Rule of construction.—Nothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(i) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
(2) COVERED COUNTRY.—The term “covered country” means—
(A) a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the “AUKUS” partnership);
(B) a member country of the North Atlantic Treaty Organization; and
(C) any other country, as designated by the Secretary of Defense.
Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense submits—
(1) the implementation plan required by section 1087 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2802; 10 U.S.C. 161 note) relating to the requirement of such section to establish a joint force headquarters in the area of operations of United States Indo-Pacific Command to serve as an operational command;
(2) the plan required by section 1332(g)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2008) relating to strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command; and
(3) the strategy and posture review required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1743; 10 U.S.C. 397 note) relating to operations in the information environment.
(a) In general.—The Assistant Secretary of the Navy for Research, Development and Acquisition shall—
(1) develop a plan to prepare Navy Harpoon block IC missiles in a “sundown”, “deep stow”, or “demilitarized” condition code (including missiles removed from Navy surface ships) for rapid transfer to allies and security partners in the United States European Command and United States Indo-Pacific Command areas of responsibility, if so ordered; and
(2) establish a plan that would enable the rapid transfer of additional enhanced coastal defense capabilities that have tactical significance in assisting partners and allies in reclaiming sovereign territory, deterring maritime resupply of illegally seized territory, or aiding in preventing an amphibious invasion of sovereign territory.
(b) Submission to Congress.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the congressional defense committees the plans required by paragraphs (1) and (2) of subsection (a).
(a) Extension of authorities.—
(1) WAR RESERVES STOCKPILE AUTHORITY.—Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking “September 30, 2025” and inserting “January 1, 2028”.
(2) RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION.—Section 1275(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking “on the date that is three years after the date of the enactment of this Act” and inserting “on January 1, 2028”.
(b) Department of Defense assessment of type and quantity of precision-guided munitions and other munitions for use by Israel.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2028, the Secretary of Defense shall conduct an assessment with respect to the following:
(A) The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011).
(B) The quantity and type of precision-guided munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed terror group or hostile forces in the region in the event of a sustained armed confrontation.
(C) The quantity and type of other munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group or hostile forces in the region in the event of a sustained armed confrontation.
(D) The quantity and type of munitions, including precision-guided munitions, necessary for Israel to protect its homeland and counter any combination of Hezbollah, Hamas, Palestinian Islamic Jihad, and any other armed terror groups or hostile forces in the region in the event of a multi-front, sustained armed confrontation.
(E) The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions, including precision-guided munitions, described in subparagraphs (B) through (D).
(F) Whether, as of the date on which the applicable assessment is completed, sufficient quantities and types of munitions, including precision-guided munitions, to conduct operations described in subparagraphs (B) through (D) are present in—
(i) the inventory of the military forces of Israel;
(ii) the War Reserves Stock Allies-Israel;
(iii) any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary considers appropriate to disclose to the Government of Israel; or
(iv) the inventory of the United States Armed Forces, as the Secretary considers appropriate to disclose to the Government of Israel.
(G) The current inventory of such munitions, including precision-guided munitions, possessed by the United States, and whether, as of the date on which the applicable assessment is completed, the United States is assessed to have sufficient munitions to meet the requirements of current operation plans of the United States or global other munitions requirements.
(H) United States planning and steps being taken—
(i) to assist Israel to prepare for the contingencies, and to conduct the operations, described in subparagraphs (B) through (D); and
(ii) to resupply Israel with the quantity and type of such munitions described in such subparagraphs in the event of a sustained armed confrontation described in such subparagraphs.
(I) The quantity and pace at which the United States is capable of pre-positioning, increasing, stockpiling, or rapidly replenishing, or assisting in the rapid replenishment of, such munitions in preparation for, and in the event of, such a sustained armed confrontation.
(2) CONSULTATION.—In carrying out the assessment required by paragraph (1), the Secretary shall consult with the Israeli Ministry of Defense, provided that the Israeli Ministry of Defense agrees to be so consulted.
(1) DEPARTMENT OF DEFENSE ASSESSMENT.—Not later than 15 days after the date on which each Department of Defense assessment required by subsection (b) is completed, the Secretary shall submit to the appropriate committees of Congress a report on such assessment.
(2) PRE-POSITIONING AND STOCKPILE IMPLEMENTATION REPORT.—Not later than 180 days after the date on which the report required by paragraph (1) is submitted, and every 180 days thereafter through December 31, 2028, the Secretary shall submit to the appropriate committees of Congress a report that—
(A) details the actions being taken by the United States, if any, to pre-position, increase, stockpile, address shortfalls, and otherwise ensure that the War Reserves Stock Allies-Israel has, and assist Israel in ensuring that Israel has, sufficient quantities and types of munitions, including precision-guided munitions, to conduct the operations described in subparagraphs (B) through (D) of subsection (b)(1); and
(B) includes a description of procedures implemented by the United States, if any, for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary.
(3) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term “appropriate committees of Congress” means—
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(d) Consolidation of reports.—
(1) Section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2066) is amended by striking subsection (b).
(2) Section 1275 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended by striking subsection (d).
(a) Responsibilities of Secretary of Defense.—
(1) IN GENERAL.—The Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, as amended by section 1209 of this Act—
(A) carry out activities to professionalize, and increase the resources available to, the security cooperation workforce so as to enable the streamlining and expediting of the foreign military sales process; and
(i) members of the defense acquisition workforce involved in the foreign military sales process are aware of evolving United States regional and country-level defense capability-building priorities; and
(ii) members of the defense acquisition workforce are professionally evaluated using metrics to measure—
(I) responsiveness to foreign partner requests;
(II) ability to meet foreign partner capability and delivery schedule requirements; and
(III) advancement of foreign capability-building priorities described in the guidance updated under subsection (b).
(2) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the resources necessary to implement paragraph (1), including—
(A) the anticipated costs of new personnel and training to carry out such paragraph;
(B) the estimated increase in foreign military sales administrative user fees necessary to offset such costs; and
(C) the feasibility and advisability of establishing, at the Department of Defense level or the military department level, a contracting capacity that—
(i) is specific to the execution of contracts for foreign military sales;
(ii) is fully funded by the Defense Security Cooperation Agency using foreign military sales administrative funds so as to ensure that such capacity is dedicated solely to foreign military sales contracting;
(iii) is monitored by the Defense Security Cooperation Agency Chief Performance Office, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to ensure effectiveness in meeting foreign military sales contracting requirements; and
(iv) empowers the Director of the Defense Security Cooperation Agency, in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment, to increase or decrease foreign military sales contracting capacity through the guidance updated under subsection (b).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance—
(A) incorporates the National Security Strategy and the National Defense Strategy;
(B) is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands; and
(C) is disseminated to the security cooperation workforce and the defense acquisition workforce.
(2) ELEMENTS.—The updated guidance required by paragraph (1) shall—
(i) regional and country-level foreign defense capability-building priorities; and
(ii) levels of urgency and desired timelines for achieving foreign capability-building objectives; and
(B) provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs.
(c) Foreign Military Sales Continuous Process Improvement Board.—
(1) ESTABLISHMENT.—The Secretary of Defense may establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the “Board”) to serve as an enduring governance structure within the Department of Defense that reports to the Secretary on matters relating to the foreign military sales process so as to enhance accountability and continuous improvement within the Department, including the objectives of—
(A) improving the understanding, among officials of the Department, of ally and partner requirements;
(B) enabling efficient reviews for release of technology;
(C) providing allies and partner countries with relevant priority equipment;
(D) accelerating acquisition and contracting support;
(E) expanding the capacity of the defense industrial base; and
(F) working with other departments and agencies to promote broad United States Government support.
(A) IN GENERAL.—The Board shall be composed of not fewer than seven members, each of whom shall have expertise in the foreign military sales process.
(B) RESTRICTION.—The Board may not have as a member—
(i) an officer or employee of the Department of Defense; or
(ii) a member of the United States Armed Forces.
(d) Definitions.—In this section:
(1) DEFENSE ACQUISITION WORKFORCE.—The term “defense acquisition workforce” means the Department of Defense acquisition workforce described in chapter 87 of title 10, United States Code.
(2) SECURITY COOPERATION WORKFORCE.—The term “security cooperation workforce” has the meaning given the term in section 384 of title 10, United States Code.
(1) LETTERS OF REQUEST FOR PRICING AND AVAILABILITY.—The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency.
(2) LETTERS OF REQUEST FOR LETTERS OF OFFER AND ACCEPTANCE.—The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response—
(A) in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency;
(B) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and
(C) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date.
(3) WAIVER.—The Secretary of Defense may waive paragraphs (1) and (2) if—
(A) such a waiver is in the national security interests of the United States; and
(B) not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline.
(b) Expansion of country prioritization.—With respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)).
(c) Definitions.—In this section:
(1) BLANKET-ORDER LETTER OF OFFER AND ACCEPTANCE.—The term “blanket-order letter of offer and acceptance” means an agreement between an eligible foreign purchaser and the United States Government for a specific category of items or services (including training) that—
(A) does not include a definitive listing of items or quantities; and
(B) specifies a maximum dollar amount against which orders for defense articles and services may be placed.
(2) COOPERATIVE LOGISTICS SUPPLY SUPPORT ARRANGEMENT.—The term “cooperative logistics supply support arrangement” means a military logistics support arrangement designed to provide responsive and continuous supply support at the depot level for United States-made military materiel possessed by foreign countries or international organizations.
(3) DEFINED-ORDER LETTER OF OFFER AND ACCEPTANCE.—The term “defined-order letter of offer and acceptance” means a foreign military sales case characterized by an order for a specific defense article or service that is separately identified as a line item on a letter of offer and acceptance.
(4) IMPLEMENTING AGENCY.—The term “implementing agency” means the military department or defense agency assigned, by the Director of the Defense Security Cooperation Agency, the responsibilities of—
(A) preparing a letter of offer and acceptance;
(B) implementing a foreign military sales case; and
(C) carrying out the overall management of the activities that—
(i) will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and
(ii) was accepted by an eligible foreign purchaser.
(5) LETTER OF REQUEST.—The term “letter of request”—
(i) submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and
(ii) that contains all relevant information in such form as may be required by the Secretary of Defense; and
(i) a formal letter;
(ii) an e-mail;
(iii) signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and
(iv) any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency.
(6) MAJOR DEFENSE PARTNER.—The term “major defense partner” means—
(A) India; and
(B) any other country, as designated by the Secretary of Defense.
(7) MAJOR NON-NATO ALLY.—The term “major non-NATO ally”—
(A) has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403)); and
(B) includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 (Public Law 107–228; 22U.S.C. 2321k note).
(8) MAJOR SECURITY PARTNER.—The term “major security partner” means—
(A) the United Arab Emirates;
(B) Bahrain;
(C) Saudi Arabia; and
(D) any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence.
(a) Short title.—This section may be cited as the “Ending China's Developing Nation Status Act”.
(b) Finding; statement of policy.—
(1) FINDING.—Congress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world.
(2) STATEMENT OF POLICY.—It is the policy of the United States—
(A) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members;
(B) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and
(C) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2).
(c) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to—
(i) reports produced by the Secretary of State; and
(ii) a waiver exercised pursuant to subsection (f)(2), except with respect to any international organization for which the United States Trade Representative is the chief representative of the United States; and
(B) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to—
(i) reports produced by the United States Trade Representative; and
(ii) a waiver exercised pursuant to subsection (f)(2) with respect to any international organization for which the United States Trade Representative is the chief representative of the United States.
(A) IN GENERAL.—Except as provided in subparagraph (B), the term “Secretary” means the Secretary of State.
(B) EXCEPTION.—The term “Secretary” shall mean the United States Trade Representative with respect to any international organization for which the United States Trade Representative is the chief representative of the United States.
(d) Report on development status in current treaty negotiations.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that—
(1) identifies all current treaty negotiations in which—
(A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and
(B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and
(2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.
(e) Report on development status in existing organizations and treaties.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that—
(1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties;
(2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and
(3) for each of the organizations or treaties identified pursuant to paragraph (1)—
(A) includes a list of countries that—
(i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and
(ii) meet the World Bank classification for upper middle income or high-income countries; and
(B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.
(f) Mechanisms for changing development status.—
(1) IN GENERAL.—In any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue—
(A) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or
(B) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation.
(2) WAIVER.—The President may waive the application of subparagraph (A) or (B) of paragraph (1) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is amended—
(1) in subsection (a)(1), by inserting “, packing materials, shipping containers,” after “its packaging” each place it appears; and
(A) in paragraph (3), by striking “; and” and inserting a semicolon;
(B) in paragraph (4), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(5) any other party with an interest in the merchandise, as determined appropriate by the Commissioner.”.
(a) Short title.—This section may be cited as the “International Port Security Enforcement Act”.
(b) In general.—Section 70108 of title 46, United States Code, is amended—
(A) in paragraph (1), by striking “provided that” and all that follows and inserting the following: “if—
“(A) the Secretary certifies that the foreign government or international organization—
“(i) has conducted the assessment in accordance with subsection (b); and
“(ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and
“(B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h).”; and
(B) by amending paragraph (3) to read as follows:
“(3) LIMITATIONS.—Nothing in this section may be construed—
“(A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a);
“(B) to limit the discretion or ability of the Secretary to conduct an assessment under this section;
“(C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or
“(D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin.”; and
(2) by adding at the end the following:
“(g) State sponsors of terrorism and international terrorist organizations.—The Secretary—
“(1) may not enter into an agreement under subsection (f)(2) with—
“(A) a foreign government that is a state sponsor of terrorism; or
“(B) a foreign terrorist organization; and
“(A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and
“(B) immediately apply the sanctions described in section 70110(a) to such port.”.
(a) Review required.—Not later than December 31, 2024, the Secretary of State, in coordination with the Secretary of Defense, shall—
(1) review the 10 largest foreign countries by United States Armed Forces presence and evaluate local legal systems, protections afforded by bilateral agreements between the United States and countries being evaluated, and how the rights and privileges afforded under such agreements may differ from United States law; and
(2) brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the findings of the review.
(b) Training required.—The Secretary of Defense shall review and improve as necessary training and educational materials for members of the Armed Forces, their spouses, and dependents, as appropriate, who are stationed in a country reviewed pursuant to subsection (a)(1) regarding relevant foreign laws, how such foreign laws may differ from the laws of the United States, and the rights of accused in common scenarios under such foreign laws.
(c) Translation standards and readiness.—The Secretary of Defense, in coordination with the Secretary of State, shall review foreign language standards for servicemembers and employees of the Department of Defense and Department of State who are responsible for providing foreign language translation services in situations involving foreign law enforcement where a servicemember may be being detained, to ensure such persons maintain an appropriate proficiency in the legal terminology and meaning of essential terms in a relevant language.
The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty, or pursuant to an Act of Congress.
(a) Consultation.—Prior to the notification described in subsection (b), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.
(b) Notification.—The President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.
(a) In general.—By adoption of a resolution of the Senate or the House of Representatives, respectively, the Senate Legal Counsel or the General Counsel to the House of Representatives may be authorized to initiate, or intervene in, in the name of the Senate or the House of Representatives, as the case may be, independently, or jointly, any judicial proceedings in any Federal court of competent jurisdiction in order to oppose any action to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this subtitle.
(b) Consideration.—Any resolution or joint resolution introduced relating to any action to suspend, terminate, denounce or withdraw the United States from the North Atlantic Treaty and introduced pursuant to section 4(a) of this title shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 765).
Any legal counsel operating pursuant to section 1299R shall report as soon as practicable to the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to section 1299R.
Nothing in this subtitle shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress.
If any provision of this subtitle or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this subtitle and the application of such provisions to any other person or circumstance shall not be affected thereby.
In this subtitle, the terms “withdrawal”, “denunciation”, “suspension”, and “termination” have the meaning given the terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969.
This subtitle may be cited as the “Combating Global Corruption Act”.
In this subtitle:
(1) CORRUPT ACTOR.—The term “corrupt actor” means—
(A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.
(2) CORRUPTION.—The term “corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
(3) SIGNIFICANT CORRUPTION.—The term “significant corruption” means corruption committed at a high level of government that has some or all of the following characteristics:
(A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.
(B) Involves economically or socially large-scale government activities.
(a) In general.—The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.
(b) Tier 1 countries.—A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 1299R.
(c) Tier 2 countries.—A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 1299R, but is not achieving the requisite level of compliance to be ranked as a tier 1 country.
(d) Tier 3 countries.—A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 1299R.
(a) In general.—The government of a country is complying with the minimum standards for the elimination of corruption if the government—
(1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;
(3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and
(4) is making serious and sustained efforts to address corruption, including through prevention.
(b) Factors for assessing government efforts To combat corruption.—In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as—
(1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;
(3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;
(4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);
(7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;
(9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;
(11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and
(13) such other information relating to corruption as the Secretary of State considers appropriate.
(c) Assessing government efforts to combat corruption in relation to relevant international commitments.—In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.
(2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the “Anti-Bribery Convention”).
(3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done at New York October 31, 2003.
(5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.
(a) In general.—The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note)—
(1) in all countries identified as tier 3 countries under section 1299Q(d); or
(2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.
(b) Report required.—Not later than 180 days after publishing the list required by section 1299Q(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (e) a report that includes—
(1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.
(c) Form of report.—Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.
(d) Briefing in lieu of report.—The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (e) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States.
(e) Termination of requirements relating to nord stream 2.—The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act.
(f) Committees specified.—The committees specified in this subsection are—
(1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.
(a) In general.—The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 1299Q, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee.
(b) Responsibilities.—Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to—
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries—
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment tools and mitigation strategies.
(c) Training.—The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).
This subtitle may be cited as the “International Children with Disabilities Protection Act of 2023”.
It is the sense of Congress that—
(1) stigma and discrimination against children with disabilities, particularly intellectual and other developmental disabilities, and lack of support for community inclusion have left people with disabilities and their families economically and socially marginalized;
(2) organizations of persons with disabilities and family members of persons with disabilities are often too small to apply for or obtain funds from domestic or international sources or ineligible to receive funds from such sources;
(3) as a result of the factors described in paragraphs (1) and (2), key stakeholders have often been left out of public policymaking on matters that affect children with disabilities; and
(4) financial support, technical assistance, and active engagement of persons with disabilities and their families is needed to ensure the development of effective policies that protect families, ensure the full inclusion in society of children with disabilities, and promote the ability of persons with disabilities to live in the community with choices equal to others.
In this subtitle:
(1) DEPARTMENT.—The term “Department” means the Department of State.
(2) ELIGIBLE IMPLEMENTING PARTNER.—The term “eligible implementing partner” means a nongovernmental organization or other civil society organization that—
(A) has the capacity to administer grants directly or through subgrants that can be effectively used by local organizations of persons with disabilities; and
(B) has international expertise in the rights of persons with disabilities, including children with disabilities and their families.
(3) ORGANIZATION OF PERSONS WITH DISABILITIES.—The term “organization of persons with disabilities” means a nongovernmental civil society organization run by and for persons with disabilities and families of children with disabilities.
It is the policy of the United States to—
(1) assist partner countries in developing policies and programs that recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, including children, such that the latter may grow and thrive in supportive family environments and make the transition to independent living as adults;
(2) promote the development of advocacy and leadership skills among persons with disabilities and their families in a manner that enables effective civic engagement, including at the local, national, and regional levels, and promote policy reforms and programs that support full economic and civic inclusion of persons with disabilities and their families;
(3) promote the development of laws and policies that—
(A) strengthen families and protect against the unnecessary institutionalization of children with disabilities; and
(B) create opportunities for children and youth with disabilities to access the resources and support needed to achieve their full potential to live independently in the community with choices equal to others;
(4) promote the participation of persons with disabilities and their families in advocacy efforts and legal frameworks to recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities; and
(5) promote the sustainable action needed to bring about changes in law, policy, and programs to ensure full family inclusion of children with disabilities and the transition of children with disabilities to independent living as adults.
(a) International Children with Disabilities Protection Program.—
(1) IN GENERAL.—There is authorized to be established within the Department of State a program to be known as the “International Children with Disabilities Protection Program” (in this section referred to as the “Program”) to carry out the policy described in [section _4].
(2) CRITERIA.—In carrying out the Program under this section, the Secretary of State, in consultation with leading civil society groups with expertise in the protection of civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, may establish criteria for priority activities under the Program in selected countries.
(3) DISABILITY INCLUSION GRANTS.—The Secretary of State may award grants to eligible implementing partners to administer grant amounts directly or through subgrants.
(4) SUBGRANTS.—An eligible implementing partner that receives a grant under paragraph (3) should provide subgrants and, in doing so, shall prioritize local organizations of persons with disabilities working within a focus country or region to advance the policy described in [section _4].
(b) Authorization of appropriations.—
(1) IN GENERAL.—Of funds made available in fiscal years 2024 through 2029 to carry out the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are authorized to be appropriated to carry out this subtitle amounts as follows:
(A) $2,000,000 for fiscal year 2024.
(B) $5,000,000 for each of fiscal years 2025 through 2029.
(2) CAPACITY-BUILDING AND TECHNICAL ASSISTANCE PROGRAMS.—Of the amounts authorized to be appropriated by paragraph (1), not less than $1,000,000 for each of fiscal years 2024 through 2029 should be available for capacity-building and technical assistance programs to—
(A) develop the leadership skills of persons with disabilities, legislators, policymakers, and service providers in the planning and implementation of programs to advance the policy described in [section _4];
(B) increase awareness of successful models of the promotion of civil and political rights and fundamental freedoms, family support, and economic and civic inclusion among organizations of persons with disabilities and allied civil society advocates, attorneys, and professionals to advance the policy described in [section _4]; and
(C) create online programs to train policymakers, advocates, and other individuals on successful models to advance reforms, services, and protection measures that enable children with disabilities to live within supportive family environments and become full participants in society, which—
(i) are available globally;
(ii) offer low-cost or no-cost training accessible to persons with disabilities, family members of such persons, and other individuals with potential to offer future leadership in the advancement of the goals of family inclusion, transition to independent living as adults, and protection measures for children with disabilities; and
(iii) should be targeted to government policymakers, advocates, and other potential allies and supporters among civil society groups.
(1) IN GENERAL.—Not less frequently than annually through fiscal year 2029, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on—
(A) the programs and activities carried out to advance the policy described in [section _4]; and
(B) any broader work of the Department in advancing that policy.
(2) ELEMENTS.—Each report required by paragraph (1) shall include, with respect to each program carried out under [section _5]—
(A) the rationale for the country and program selection;
(B) the goals and objectives of the program, and the kinds of participants in the activities and programs supported;
(C) a description of the types of technical assistance and capacity building provided; and
(D) an identification of any gaps in funding or support needed to ensure full participation of organizations of persons with disabilities or inclusion of children with disabilities in the program.
(3) CONSULTATION.—In preparing each report required by paragraph (1), the Secretary of State shall consult with organizations of persons with disabilities.
(a) Sense of Congress on programming and programs.—It is the sense of Congress that—
(1) all programming of the Department and the United States Agency for International Development related to health systems strengthening, primary and secondary education, and the protection of civil and political rights of persons with disabilities should seek to be consistent with the policy described in [section _4]; and
(2) programs of the Department and the United States Agency for International Development related to children, global health, and education—
(i) engage organizations of persons with disabilities in policymaking and program implementation; and
(ii) support full inclusion of children with disabilities in families; and
(B) should aim to avoid support for residential institutions for children with disabilities except in situations of conflict or emergency in a manner that protects family connections as described in subsection (b).
(b) Sense of Congress on conflict and emergencies.—It is the sense of Congress that—
(1) programs of the Department and the United States Agency for International Development serving children in situations of conflict or emergency, among displaced or refugee populations, or in natural disasters should seek to ensure that children with and without disabilities can maintain family ties; and
(2) in situations of emergency, if children are separated from parents or have no family, every effort should be made to ensure that children are placed with extended family, in kinship care, or in an adoptive or foster family.
This subtitle may be cited as the “Western Hemisphere Partnership Act of 2023”.
It is the policy of the United States to promote economic competitiveness, democratic governance, and security in the Western Hemisphere by—
(1) encouraging stronger economic relations, respect for property rights, the rule of law, and enforceable investment rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, and the Inter-American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of democratic partner nation government institutions, including civilian law enforcement, the judiciary, attorneys general, and security forces.
(a) Sense of Congress.—It is the sense of Congress that the United States should strengthen security cooperation with democratic partner nations in the Western Hemisphere to promote a secure hemisphere and to address the negative impacts of transnational criminal organizations and malign external state actors.
(b) Collaborative efforts.—The Secretary of State, in coordination with the heads of other relevant Federal agencies, should support the improvement of security conditions and the rule of law in the Western Hemisphere through collaborative efforts with democratic partners that—
(1) enhance the institutional capacity and technical capabilities of defense and security institutions in democratic partner nations to conduct national or regional security missions, including through regular bilateral and multilateral engagements, foreign military sales and financing, international military education and training programs, expanding the National Guard State Partnership Programs, and other means;
(2) provide technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to relevant security forces to disrupt, degrade, and dismantle organizations involved in the illicit trafficking of narcotics and precursor chemicals, transnational criminal activities, illicit mining, and illegal, unreported, and unregulated fishing, and other illicit activities;
(3) enhance the institutional capacity, legitimacy, and technical capabilities of relevant civilian law enforcement, attorneys general, and judicial institutions to—
(A) strengthen the rule of law and transparent governance;
(B) combat corruption and kleptocracy in the region; and
(C) improve regional cooperation to disrupt, degrade, and dismantle transnational organized criminal networks and terrorist organizations, including through training, anticorruption initiatives, anti-money laundering programs, and strengthening cyber capabilities and resources;
(4) enhance port management and maritime security partnerships and airport management and aviation security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services;
(5) strengthen cooperation to improve border security across the Western Hemisphere, dismantle human smuggling and trafficking networks, and increase cooperation to demonstrably strengthen migration management systems;
(6) counter the malign influence of state and non-state actors and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial networks;
(8) foster mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by—
(A) supporting regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources;
(B) training disaster recovery officials on latest techniques and lessons learned from United States experiences;
(C) making available, preparing, and transferring on-hand nonlethal supplies, and providing training on the use of such supplies, for humanitarian or health purposes to respond to unforeseen emergencies; and
(D) conducting medical support operations and medical humanitarian missions, such as hospital ship deployments and base-operating services, to the extent required by the operation;
(9) foster regional mechanisms for early warning and response to pandemics in the Western Hemisphere, including through—
(A) improved cooperation with and research by the United States Centers for Disease Control and Prevention through regional pandemic response centers;
(B) personnel exchanges for technology transfer and skills development; and
(C) surveying and mapping of health networks to build local health capacity;
(10) promote the meaningful participation of women across all political processes, including conflict prevention and conflict resolution and post-conflict relief and recovery efforts; and
(11) hold accountable actors that violate political and civil rights.
(c) Limitations on use of technologies.—Operational technologies transferred pursuant to subsection (b) to partner governments for intelligence, defense, or law enforcement purposes shall be used solely for the purposes for which the technology was intended. The United States shall take all necessary steps to ensure that the use of such operational technologies is consistent with United States law, including protections of freedom of expression, freedom of movement, and freedom of association.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a 5-year strategy to promote security and the rule of law in the Western Hemisphere in accordance to this section.
(2) ELEMENTS.—The strategy required under paragraph (1) shall include the following elements:
(A) A detailed assessment of the resources required to carry out such collaborative efforts.
(B) Annual benchmarks to track progress and obstacles in undertaking such collaborative efforts.
(C) A public diplomacy component to engage the people of the Western Hemisphere with the purpose of demonstrating that the security of their countries is enhanced to a greater extent through alignment with the United States and democratic values rather than with authoritarian countries such as the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran.
(3) BRIEFING.—Not later than 1 year after submission of the strategy required under paragraph (1), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy.
(a) Sense of Congress.—It is the sense of Congress that the United States should support digitalization and expand cybersecurity cooperation in the Western Hemisphere to promote regional economic prosperity and security.
(b) Promotion of digitalization and cybersecurity.—The Secretary of State, in coordination with the heads of other relevant Federal agencies, should promote digitalization and cybersecurity in the Western Hemisphere through collaborative efforts with democratic partners that—
(1) promote digital connectivity and facilitate e-commerce by expanding access to information and communications technology (ICT) supply chains that adhere to high-quality security and reliability standards, including—
(A) to open market access on a national treatment, nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber resilience of partner countries;
(2) advance the provision of digital government services (e-government) that, to the greatest extent possible, promote transparency, lower business costs, and expand citizens’ access to public services and public information; and
(3) develop robust cybersecurity partnerships to—
(A) promote the inclusion of components and architectures in information and communications technology (ICT) supply chains from participants in initiatives that adhere to high-quality security and reliability standards;
(B) share best practices to mitigate cyber threats to critical infrastructure from ICT architectures by technology providers that supply equipment and services covered under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601);
(C) effectively respond to cybersecurity threats, including state-sponsored threats; and
(D) to strengthen resilience against cyberattacks and cybercrime.
(a) Sense of Congress.—It is the sense of Congress that the United States should enhance economic and commercial ties with democratic partners to promote prosperity in the Western Hemisphere by modernizing and strengthening trade capacity-building and trade facilitation initiatives, encouraging market-based economic reforms that enable inclusive economic growth, strengthening labor and environmental standards, addressing economic disparities of women, and encouraging transparency and adherence to the rule of law in investment dealings.
(b) In general.—The Secretary of State, in coordination with the United States Trade Representative, the Chief Executive Officer of the Development Finance Corporation, and the heads of other relevant Federal agencies, should support the improvement of economic conditions in the Western Hemisphere through collaborative efforts with democratic partners that—
(1) facilitate a more open, transparent, and competitive environment for United States businesses and promote robust and comprehensive trade capacity-building and trade facilitation by—
(A) reducing trade and nontariff barriers between the countries in the region, establishing a mechanism for pursuing Mutual Recognition Agreements and Formalized Regulatory Cooperation Agreements in priority sectors of the economy;
(B) establishing a forum for discussing and evaluating technical and other assistance needs to help establish streamlined “single window” processes to facilitate movement of goods and common customs arrangements and procedures to lower costs of goods in transit and speed to destination;
(C) building relationships and exchanges between relevant regulatory bodies in the United States and democratic partners in the Western Hemisphere to promote best practices and transparency in rulemaking, implementation, and enforcement, and provide training and assistance to help improve supply chain management in the Western Hemisphere;
(D) establishing regional fora for identifying, raising, and addressing supply chain management issues, including infrastructure needs and strengthening of investment rules and regulatory frameworks;
(E) establishing a dedicated program of trade missions and reverse trade missions to increase commercial contacts and ties between the United States and Western Hemisphere partner countries; and
(F) strengthening labor and environmental standards in the region;
(2) establish frameworks or mechanisms to review and address the long-term financial sustainability and national security implications of foreign investments in strategic sectors or services;
(3) establish competitive and transparent infrastructure project selection and procurement processes that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; and
(4) advance robust and comprehensive energy production and integration, including through a more open, transparent, and competitive environment for United States companies competing in the Western Hemisphere, including by—
(A) facilitating further development of integrated regional energy markets;
(B) improving management of grids, including technical capability to ensure the functionality, safe and responsible management, and quality of service of electricity providers, carriers, and management and distribution systems;
(C) facilitating private sector-led development of reliable and affordable power generation capacity;
(D) establishing a process for surveying grid capacity and management focused on identifying electricity service efficiencies and establishing cooperative mechanisms for providing technical assistance for—
(i) grid management, power pricing, and tariff issues;
(ii) establishing and maintaining appropriate regulatory best practices; and
(iii) proposals to establish regional power grids for the purpose of promoting the sale of excess supply to consumers across borders;
(E) assessing the viability and effectiveness of decentralizing power production and transmission and building micro-grid power networks to improve, when feasible, access to electricity, particularly in rural and underserved communities where centralized power grid connections may not be feasible in the short to medium term; and
(F) exploring opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Inter-American Development Bank, to promote universal access to reliable and affordable electricity in the Western Hemisphere.
(a) Sense of Congress.—It is the sense of Congress that the United States should support efforts to strengthen the capacity and legitimacy of democratic institutions and inclusive processes in the Western Hemisphere to promote a more transparent, democratic, and prosperous region.
(b) In general.—The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and heads of other relevant Federal agencies, should support transparent, accountable, and democratic governance in the Western Hemisphere through collaborative efforts with democratic partners that—
(1) strengthen the capacity of national electoral institutions to ensure free, fair, and transparent electoral processes, including through pre-election assessment missions, technical assistance, and independent local and international election monitoring and observation missions;
(2) enhance the capabilities of democratically elected national legislatures, parliamentary bodies, and autonomous regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government institutions to govern in a transparent, accountable, and democratic manner, including through training and technical assistance;
(4) combat corruption at local and national levels, including through trainings, cooperation agreements, initiatives aimed at dismantling corrupt networks, and political support for bilateral or multilateral anticorruption mechanisms that strengthen attorneys general and prosecutors’ offices;
(5) strengthen the capacity of civil society to conduct oversight of government institutions, build the capacity of independent professional journalism, facilitate substantive dialogue with government and the private sector to generate issue-based policies, and mobilize local resources to carry out such activities;
(6) promote the meaningful and significant participation of women in democratic processes, including in national and subnational government and civil society; and
(7) support the creation of procedures for the Organization of American States (OAS) to create an annual forum for democratically elected national legislatures from OAS member States to discuss issues of hemispheric importance, as expressed in section 4 of the Organization of American States Legislative Engagement Act of 2020 (Public Law 116–343).
(1) IN GENERAL.—The President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean.
(2) FOCUS OF STRATEGY.—The strategy required by paragraph (1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act.
(3) CONSULTATIONS.—In developing the strategy required by paragraph (1), the President shall consult with—
(A) Congress;
(B) each agency that is a member of the Trade Promotion Coordinating Committee;
(C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks;
(D) each agency that participates in the Trade Policy Staff Committee established;
(E) the President’s Export Council;
(F) each of the development agencies;
(G) any other Federal agencies with responsibility for export promotion or financing and development; and
(H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups.
(4) SUBMISSION TO APPROPRIATE CONGRESSIONAL COMMITTEES.—
(A) STRATEGY.—Not later than 200 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a).
(B) PROGRESS REPORT.—Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1).
(b) Special africa and latin america and the caribbean export strategy coordinators.—The Secretary of Commerce shall designate an individual within the Department of Commerce to serve as Special Africa Export Strategy Coordinator and an individual within the Department of Commerce to serve as Special Latin America and the Caribbean Export Strategy Coordinator—
(1) to oversee the development and implementation of the strategy required by subsection (a);
(2) to coordinate developing and implementing the strategy with—
(A) the Trade Promotion Coordinating Committee;
(B) the Director General for the U.S. and Foreign Commercial Service and the Assistant Secretary for Global Markets;
(C) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate;
(D) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate;
(E) the Foreign Agricultural Service of the Department of Agriculture;
(F) the Export-Import Bank of the United States;
(G) the United States International Development Finance Corporation; and
(H) the development agencies; and
(3) considering and reflecting the impact of promotion of United States exports on the economy and employment opportunities of importing country, with a view to improving secure supply chains, avoiding economic disruptions, and stabilizing economic growth in a trade and export strategy.
(c) Trade missions to Africa and Latin America and the Caribbean.—It is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct joint trade missions to Africa and to Latin America and the Caribbean.
(d) Training.—The President shall develop a plan—
(1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and
(2) to ensure that, not later than one year after the date of the enactment of this Act—
(A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and
(B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training.
(e) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Energy and Commerce of the House of Representatives.
(2) DEVELOPMENT AGENCIES.—The term “development agencies” means the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks.
(3) MULTILATERAL DEVELOPMENT BANKS.—The term “multilateral development banks” has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4)) and includes the African Development Foundation.
(4) TRADE POLICY STAFF COMMITTEE.—The term “Trade Policy Staff Committee” means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations.
(5) TRADE PROMOTION COORDINATING COMMITTEE.—The term “Trade Promotion Coordinating Committee” means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(6) UNITED STATES AND FOREIGN COMMERCIAL SERVICE.—The term “United States and Foreign Commercial Service” means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721).
It is the sense of Congress that it is critically important that both the President and the Senate play their respective roles to nominate and confirm qualified ambassadors as quickly as possible.
In this subtitle, the term “Western Hemisphere” does not include Cuba, Nicaragua, or Venezuela.
(a) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on efforts by the Maduro regime of Venezuela to detain United States citizens and lawful permanent residents.
(b) Elements.—The report required by subsection (a) shall include, regarding the arrest, capture, detainment, and imprisonment of United States citizens and lawful permanent residents—
(1) the names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities;
(2) a description of any role played by transnational criminal organizations, and an identification of such organizations; and
(3) where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela.
(c) Form.—The report required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex, which shall include a list of the total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.
(a) Funding allocation.—Of the $350,999,000 authorized to be appropriated to the Department of Defense for fiscal year 2024 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,815,000.
(2) For chemical weapons destruction, $16,400,000.
(3) For global nuclear security, $19,406,000.
(4) For cooperative biological engagement, $228,030,000.
(5) For proliferation prevention, $46,324,000.
(6) For activities designated as Other Assessments/Administrative Costs, $34,024,000.
(b) Specification of cooperative threat reduction funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2024, 2025, and 2026.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.—Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
The Secretary of Defense shall establish policies and procedures—
(1) to identify end-of-life equipment of the Department of Defense that contains rare earth elements and other materials determined pursuant to section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be strategic and critical materials; and
(2) to identify, establish, and implement policies and procedures to recover such materials from such equipment for the purposes of reuse by the Department of Defense.
(a) Purposes.—Section 2 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a) is amended by adding at the end the following new subsection:
“(d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5).”.
(b) Stockpile management.—Section 6 of such Act (50 U.S.C. 98e) is amended—
(1) in subsection (a)(5), by striking “from excess” and all that follows and inserting “from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;”;
(2) in subsection (c)(1), by striking “subsection (a)(5) or (a)(6)” and inserting “subsection (a)(6) or (a)(7)”;
(3) in subsection (d)(2), by striking “subsection (a)(5)” and inserting “subsection (a)(6)”; and
(4) by adding at the end the following new subsections:
“(g) (1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile.
“(2) (A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)—
“(i) as soon as practicable after the establishment of the pilot program under paragraph (1); and
“(ii) annually thereafter until the termination of the pilot program under paragraph (3).
“(B) The briefing required by subparagraph (A)(i) shall address—
“(i) the commercial best practices selected for use under the pilot program;
“(ii) how the Stockpile Manager determined which commercial best practices to select; and
“(iii) the plan of the Stockpile Manager for using such practices.
“(C) Each briefing required by subparagraph (A)(ii) shall provide a summary of—
“(i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
“(ii) how many times the Stockpile Manager has used such practices;
“(iii) the outcome of each use of such practices; and
“(iv) any savings achieved or lessons learned as a result of the use of such practices.
“(3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.
“(h) Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive.”.
(c) Development and conservation of reliable sources.—
(1) IN GENERAL.—Section 15 of such Act (50 U.S.C. 98h–6) is amended to read as follows:
“SEC. 15. Development and conservation of reliable sources.
“(a) Duties.—Subject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—
“(1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;
“(2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;
“(3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;
“(4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and
“(5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—
“(A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government;
“(B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and
“(C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.
“(1) EXTENDED CONTRACTING AUTHORITY.—
“(A) IN GENERAL.—The term of a contract or commitment made under subsection (a) may not exceed ten years.
“(B) PREEXISTING CONTRACTS.—A contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract.
“(2) MATTERS RELATING TO CO-FUNDING OF BANKABLE FEASIBILITY STUDIES.—To the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5).
“(c) Proposed transactions included in annual materials plan.—Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5.
“(d) Availability of funds.—The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations.
“(e) Bankable feasibility study defined.—In this section, the term ‘bankable feasibility study’ means a comprehensive technical and economic study—
“(1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and
“(2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.”.
(A) MATERIALS RESEARCH AND DEVELOPMENT.—Section 8(a) of such Act (50 U.S.C. 98g(a)) is amended—
(i) in paragraph (1)(A), by striking “or in its territories or possessions,” and inserting “its territories or possessions, or in a reliable source”; and
(ii) in paragraph (2), by striking “in order to—” and all that follows through “mineral products.” and inserting the following: “in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.”.
(B) DEFINITIONS.—Section 12 of such Act (50 U.S.C. 98h–3) is amended by striking paragraph (3) and inserting the following new paragraph (3):
“(i) The term ‘reliable source’ mean a citizen or business entity of—
“(I) the United States or any territory or possession of the United States;
“(II) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or
“(III) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement.”.
(d) Technical amendment.—Subsection (e) of section 10 of such Act (50 U.S.C. 98h–1) is amended to read as follows:
“(e) Application of provisions relating to Federal advisory committees.—Section 1013 of title 5, United States Code, shall not apply to the Board.”.
Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile Manager may dispose of the following materials contained in the National Defense Stockpile in the following quantities:
(1) 8 short tons of beryllium.
(2) 154,043 short dry tons of metallurgical grade manganese ore.
(3) 5,000 kilograms of germanium.
(4) 91,413 pounds of pan-based carbon fibers.
(5) Not more than 1,000 short tons of materials transferred from another department or agency of the United States to the National Defense Stockpile under section 4(b) of such Act (50 U.S.C. 98c(b)) that the National Defense Stockpile Manager determines is no longer required for the Stockpile (in addition to any amount of such materials previously authorized for disposal).
For purposes of an audit conducted under chapter 9A of title 10, United States Code, of the National Defense Stockpile Transaction Fund established by section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)—
(1) the ending balance of $313,633,491.15 reported in the Central Accounting Reporting System of the Department of the Treasury for September 30, 2021, is the Fund Balance with Treasury ending balance on that date;
(2) the Total Actual Resources–Collected opening balance for October 1, 2021, for United States Standard General Ledger Account 420100 is $314,548,154.42, as recorded in official accounting records; and
(3) the Unapportioned–Unexpired Authority ending balance for September 30, 2021, for United States Standard General Ledger Account 445000 is $216,976,300.69, as recorded in official accounting records.
(a) Authority for transfer of funds.—Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $172,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571).
(b) Treatment of transferred funds.—For purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(c) Use of transferred funds.—For purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
There is hereby authorized to be appropriated for fiscal year 2024 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.
(a) Agreements; approval and notification.—Section 1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended by adding at the end the following new paragraphs:
“(9) Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest.
“(10) No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed.”.
(b) Administration of funds.—Section 1511(i)(7) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended—
(1) by inserting “an agreement with a potential lessee or” after “The proceeds from”; and
(2) by striking the period at the end and inserting “, to remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this subsection.”.
(a) Fiscal years 2025 through 2029.—With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2025 through 2029, the Secretary of Defense shall establish—
(1) a low-risk launch program, to be known as “Lane One”, that consists of an indefinite delivery indefinite quantity acquisition approach based on not fewer than 20 launches so as to encourage the capabilities of new entrants that have conducted not fewer than one previous launch; and
(2) a launch program, similar to the Phase Two National Security Assured Access Launch program, to be known as “Lane Two”, that meets all National Security Space Launch requirements, with full mission assurance, based on not fewer than 35 launches.
(b) Fiscal years 2027 through 2029.—With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2027 through 2029, the Secretary of Defense shall establish an accession launch program, to be known as “Lane Two A”, using the requirements of the program established under subsection (a)(2) based on five launches of GPS Block IIIF satellites or satellites the launches of which are complex, high-energy missions.
(a) Advanced tracking and launch analysis system.—
(1) DATE FOR INITIAL OPERATING CAPABILITY.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall—
(A) designate a date for the delivery of the initial operating capability for the Advanced Tracking and Launch Analysis System (ATLAS); and
(B) notify the congressional defense committees of such date.
(2) EFFECT OF FAILURE TO TIMELY DELIVER.—If the initial operating capability for ATLAS is not achieved by the date designated under paragraph (1)(A), the Secretary shall—
(A) terminate the ATLAS program;
(B) designate an alternative program option that provides a comparable capability to the capability intended to be provided by ATLAS; and
(C) not later than 30 days after such date, notify the congressional defense committees with respect to—
(i) such termination;
(ii) the designated alternative program option;
(iii) the justification for selecting such option; and
(iv) the estimated time and total costs to completion of such option.
(1) IN GENERAL.—The Secretary shall enter into a contract with a federally funded research and development center under which the federally funded research and development center shall, not less frequently than every 2 years through 2032, conduct a review of the space command and control software acquisition program to assess the ability of such program to build a software framework that integrates multiple aspects of space operations to enable the warfighter to command and control space assets in a time of conflict.
(2) ELEMENTS.—Each review under paragraph (1) shall consider the integration into such software framework of the following:
(A) Sensor data applicable to the command and control of space assets.
(B) Information contained in the Unified Data Library relating to the number and location of space objects.
(C) The ability to control space assets based on such data and information.
(D) Any other matter the Secretary considers necessary.
(3) BRIEFING.—The Secretary shall provide the congressional defense committees with a briefing on the findings of each review under paragraph (1), including—
(A) an assessment of any deficiency identified in the review; and
(B) a plan to address such deficiency in a timely manner.
(a) In general.—The Department of the Air Force shall be responsible for—
(1) serving as the final authority for the tasking of space-based ground and airborne moving target indication systems that—
(A) are primarily or fully funded by the Department of Defense; and
(B) provide near real-time, direct support to satisfy theater operations; and
(2) presenting such capability to the combatant commands to accomplish the warfighting missions of the combatant commands under the Unified Command Plan.
(b) Milestone development authority.—Subject to section 4204 of title 10, United States Code, the Secretary of the Air Force, in consultation with the Director of National Intelligence, shall be the Milestone A approval (as defined in section 4211 of such title) decision authority for space-related acquisition programs for ground and airborne moving target indication collection assets described in subsection (a) that are primarily or fully funded within the Military Intelligence Program.
Section 9016(b)(6) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following new subparagraph (B):
“(B) The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principle Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year.”.
(a) In general.—The Director of the Space Development Agency shall use the middle tier of acquisition authority, consistent with section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.) and Department of Defense Instruction 5000.80, entitled “Operation of the Middle Tier of Acquisition (MTA)” and issued on December 30, 2019 (or a successor instruction), for the rapid fielding of satellites and associated systems for Tranche 1, Tranche 2, and Tranche 3 of the proliferated warfighter space architecture of the Space Development Agency.
(b) Rapid prototyping and fielding.—Any tranche of satellites or associated systems developed and fielded under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an approved requirement.
(c) Designation as major capability acquisition.—
(1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capability acquisition program, consistent with Department of Defense Instruction 5000.80, entitled “Operation of the Middle Tier of Acquisition (MTA)” and issued on December 30, 2019 (or a successor instruction).
(2) NOTICE TO CONGRESS.—Not later than 90 days before the date on which a designation under paragraph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the congressional defense committees of the intent to so designate and provide a justification for such designation.
(a) In general.—Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section:
“§ 2276a. Special authority for provision of commercial space launch support services
“(a) In general.—The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.
“(b) Provision of launch equipment and services to commercial entities.—
“(A) IN GENERAL.—The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch.
“(B) NONDELEGATION.—The Secretary may not delegate the authority provided in subparagraph (A).
“(A) DIRECT COSTS.—A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction.
“(B) INDIRECT COSTS.—A contract entered into, or a transaction conducted, under paragraph (1) may—
“(i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and
“(ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable.
“(3) RETENTION OF FUNDS COLLECTED FROM COMMERCIAL USERS.—Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred.
“(4) REGULATIONS.—The Secretary shall promulgate regulations to carry out this subsection.
“(c) Definitions.—In this section:
“(1) SPACE LAUNCH.—The term ‘space launch’ includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle.
“(2) COMMERCIAL ENTITY; COMMERCIAL.—The terms ‘commercial entity’ and ‘commercial’ means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.”.
(b) Clerical amendment.—The table of sections for chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276 the following:
“2276a. Special authority for provision of commercial space launch support services.”.
The Under Secretary of Defense for Acquisition and Sustainment shall treat the Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program of the Air Force (Program Element 0604201F) as an acquisition category 1D program, and the authority to manage such program may not be delegated.
(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the classification practices and foreign disclosure policies required to enable the development and conduct of combined space operations among the following countries:
(1) Australia.
(2) Canada.
(3) France.
(4) Germany.
(5) New Zealand.
(6) The United Kingdom.
(7) The United States.
(8) Any other ally or partner country, as determined by the Secretary of Defense or the Director of National Intelligence.
(b) Elements.—The briefing required by subsection (a) shall include the following:
(1) The military and national intelligence information required to be shared with the countries described in subsection (a) so as to enable the development and conduct combined space operations.
(2) The policy, organizational, or other barriers that currently prevent such information sharing for combined space operations.
(3) The actions being taken by the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to remove the barriers to such information sharing, and the timeline for implementation of such actions.
(4) Any statutory changes required to remove such barriers.
(5) Any other matter, as determined by the Secretary of Defense or the Director of National Intelligence.
(c) Implementation update.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the implementation of the actions described in subsection (b)(3).
(d) Appropriate committees of Congress.—In this section, the term “appropriate committees of Congress” means—
(1) the congressional defense committees; and
(2) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(a) Limitation on availability of funds for military construction projects.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by the United States Space Command for headquarters operations until the report required under subsection (c) is submitted.
(b) Limitation on availability of funds for travel expenditures.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 to the Office of the Secretary of the Air Force for travel expenditures, not more than 50 percent may be obligated or expended until the report required under subsection (c) is submitted.
(c) Report.—The Secretary of the Air Force shall submit to the congressional defense committees a report on the justification for the selection of a permanent location for headquarters of the United States Space Command.
(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
(b) Exception.—The prohibition in subsection (a) shall not apply to any of the following activities:
(1) The maintenance, sustainment, or replacement of intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
The LGM–35A Sentinel intercontinental ballistic missile program shall refurbish and make operable not fewer than 150 silos for intercontinental ballistic missiles at each of the following locations:
(1) Francis E. Warren Air Force Base, Laramie County, Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
(a) Authority for multi-year procurement.—Subject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multi-year contracts for the procurement of up to 659 Sentinel intercontinental ballistic missiles and for subsystems associated with such missiles.
(b) Authority for advance procurement.—The Secretary of the Air Force may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Sentinel intercontinental ballistic missiles for which authorization to enter into a multi-year procurement contract is provided under subsection (a), and for subsystems associated with such missiles in economic order quantities when cost savings are achievable.
(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(d) Mandatory inclusion of pre-priced option in certain circumstances.—
(1) IN GENERAL.—If the total base quantity of Sentinel intercontinental ballistic missiles to be procured through all contracts entered into under subsection (a) is less than 659, the Secretary of the Air Force shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional Sentinel intercontinental ballistic missiles such that the sum of such base quantity and the number of such missiles that may be procured through the exercise of such options is equal to 659 missiles.
(2) DEFINITIONS.—In this subsection:
(A) BASE QUANTITY.—The term “base quantity” means the quantity of Sentinel intercontinental ballistic missiles to be procured under a contract entered into under subsection (a), excluding any quantity of such missiles that may be procured through the exercise of an option that may be part of such contract.
(B) PRE-PRICED OPTION.—The term “pre-priced option” means a contract option for a contract entered into under subsection (a) that, if exercised, would allow the Secretary of the Air Force to procure a quantity of intercontinental ballistic missiles at a predetermined price specified in such contract.
(e) Limitation.—The Secretary of the Air Force may not modify a contract entered into under subsection (a) if the modification would increase the per unit price of the Sentinel intercontinental ballistic missiles by more than 10 percent above the target per unit price specified in the original contract for such missiles under subsection (a).
(f) Modifications to the Intercontinental Ballistic Missile Site Activation Task Force.—Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1) in subsection (b)(1), by inserting “, who shall report directly to the Commander of Air Force Global Strike Command” after “Modernization”; and
(2) by striking subsection (d)(1) and inserting the following:
“(1) WEAPON SYSTEM.—For purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM–35A Sentinel intercontinental ballistic missile shall be a weapon system.”.
(a) In general.—The Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall develop a plan to decrease the amount of time required to upload additional warheads to the intercontinental ballistic missile force.
(b) Elements.—The plan required by subsection (a) shall include the following:
(1) An assessment of the storage capacity of weapons storage areas and any weapons generation facilities at covered bases, including the capacity of each covered base to store additional warheads.
(2) An assessment of the current nuclear warhead transportation capacity of the National Nuclear Security Administration and associated timelines for transporting additional nuclear warheads to covered bases.
(3) An evaluation of the capacity of the maintenance squadrons and security forces at covered bases and the associated timelines for adding warheads to the intercontinental ballistic missile force.
(4) An identification of actions that would address any identified limitations and increase the readiness of the intercontinental ballistic missile force to upload additional warheads.
(5) An evaluation of courses of actions to upload additional warheads to a portion of the intercontinental ballistic missile force.
(6) An assessment of the feasibility and advisability of initiating immediate deployment of W78 warheads to a single wing of the intercontinental ballistic missile force as a hedge against delay of the LGM–35A Sentinel intercontinental ballistic missile.
(7) A funding plan for carrying out actions identified in paragraphs (4) and (5).
(c) Submission to Congress.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Commander of the United States Strategic Command shall submit to the congressional defense committees the plan required by subsection (a).
(d) Form.—The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(e) Briefing.—Not later than 30 days after the submission of the plan required by subsection (a), the Secretary of the Air Force and the Commander of the United States Strategic Command shall brief the congressional defense committees on the actions being pursued to implement the plan.
(f) Covered base defined.—The term “covered base” means the following:
(1) Francis E. Warren Air Force Base, Laramie County, Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by—
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d), the following new subsection (e):
“(e) Delegation of authority.—The Secretary of Defense shall—
“(1) not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities, as the Secretary considers necessary, with respect to other components of the Department of Defense participating in the Task Force; and
“(2) not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation.”.
(a) In general.—Prior to issuing a Milestone C decision for the program to develop the LGM–35A Sentinel intercontinental ballistic missile system (referred to in this section as the “Sentinel”), the Under Secretary of Defense for Acquisition and Sustainment shall certify to the congressional defense committees that there is a long-term capability in place to maintain and modernize the guidance system of the Sentinel over the full life cycle of the Sentinel.
(b) Certification elements.—The certification described in subsection (a) shall include a list of capabilities to maintain and advance—
(1) accelerometers;
(2) gyroscopes;
(3) guidance computers;
(4) specialized mechanical and retaining assemblies;
(5) test equipment; and
(6) such other components to ensure the guidance system will be maintained and modernized over the life of the Sentinel.
(a) Findings.—The Senate finds the following:
(1) On December 21, 1962, President John F. Kennedy and Prime Minister of the United Kingdom Harold Macmillan met in Nassau, Bahamas, and issued a joint statement (commonly referred to as the “Statement on Nuclear Defense Systems”), agreeing that the United States would make Polaris missiles available on a continuing basis to the United Kingdom for use in submarines.
(2) On April 6, 1963, Secretary of State Dean Rusk and Her Majesty's Ambassador to the United States David Ormsby-Gore signed the Polaris Sales Agreement, reaffirming the Statement on Nuclear Defense Systems and agreeing that the United States Government shall provide and the Government of the United Kingdom shall purchase from the United States Government Polaris missiles, equipment, and supporting services.
(3) The HMS Resolution launched the first Polaris missile of the United Kingdom on February 15, 1968, and, in 1969, commenced the first strategic deterrent patrol for the United Kingdom, initiating a continuous at-sea deterrent posture for the United Kingdom that remains in effect.
(4) The Polaris Sales Agreement was amended to include the Trident II (D5) strategic weapon system on October 19, 1982, in Washington, D.C., through an exchange of notes between Secretary of State Jonathan Howe and Her Majesty's Ambassador to the United States Oliver Wright.
(5) Through an exchange of letters in 2008 between the Secretary of Defense the Honorable Robert Gates and the Secretary of State for Defence of the United Kingdom the Right Honorable Desmond Browne and under the auspices of the Polaris Sales Agreement, the United States Government and the Government of the United Kingdom agreed to continue cooperation to design a common missile compartment for the follow-on ballistic missile submarines of each nation.
(b) Sense of the Senate.—It is the sense of the Senate that the Senate—
(1) recognizes the 60th anniversary of the Polaris Sales Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland;
(2) congratulates the Royal Navy for steadfastly maintaining the Continuous At-Sea Deterrent;
(3) Recognizes the important contribution of the Continuous At-Sea Deterrent to the North Atlantic Treaty Organization;
(4) reaffirms that the United Kingdom is a valued and special ally of the United States; and
(5) looks forward to continuing and strengthening the shared commitment of the United States and the United Kingdom to sustain submarine-based strategic deterrents well into the future.
(a) Program treatment.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—
(1) establish a program for the development of a nuclear-armed, sea-launched cruise missile capability;
(2) designate such program as an acquisition category 1D program, to be managed consistent with the provisions of Department of Defense Instruction 5000.85 (relating to major capability acquisition);
(3) initiate a nuclear weapon project for the W80–4 ALT warhead, at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to align with the program described in paragraph (1);
(4) submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, for participation in and support for the W80–4 ALT warhead project; and
(5) designate the Department of the Navy as the military department to lead the W80–4 ALT nuclear weapon program for the Department of Defense.
(b) Initial operational capability.—The Secretary of Defense and the Administrator for Nuclear Security shall take such actions as necessary to ensure the program described in subsection (a) achieves initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command, by not later than fiscal year 2035.
(c) Limitation.—The Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council entitled “Procedural Guidelines for the Phase 6.X Process” and dated April 19, 2000), for the W80–4 ALT program.
(1) IN GENERAL.—Beginning not later than November 1, 2023, and on March 1 and September 1 of each year thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command, shall jointly brief the congressional defense committees on the progress of the program described in subsection (a).
(2) CONTENTS.—Each briefing required under paragraph (1) shall include—
(A) a description of significant achievements of the program described in subsection (a) completed during the period specified in paragraph (3) and any planned objectives that were not achieved during such period;
(B) for the 180-day period following the briefing—
(i) planned objectives for the programs; and
(ii) anticipated spending plans for the programs;
(C) a description of any notable technical hurdles that could impede timely completion of the programs; and
(D) any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate.
(3) PERIOD SPECIFIED.—The period specified in this paragraph is—
(A) in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and
(B) in the case of any subsequent such briefing, the period since the previous such briefing.
(4) TERMINATION.—The requirement to provide briefings under paragraph (1) shall terminate on the date that the program described in subsection (a) achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command.
(e) Phase 6.X process defined.—In this section, the term “phase 6.X process” means the phase 6.X process for major stockpile sustainment activities set forth in the memorandum of the Nuclear Weapons Council entitled “Procedural Guidelines for the Phase 6.X Process” and dated April 19, 2000.
(a) In general.—The Secretary of the Air Force shall develop a replacement of the Strategic Automated Command and Control System (SACCS) by not later than the date that the LGM–35A Sentinel intercontinental ballistic missile program reaches initial operational capability.
(b) Replacement capabilities.—The replacement required by subsection (a) shall—
(1) replace the SACCS base processors;
(2) replace the SACCS processors at launch control centers;
(3) provide internet protocol connectivity for wing-wide command centers of the LGM–35A Sentinel intercontinental ballistic missile program;
(4) include such other capabilities necessary to address the evolving requirements of the LGM–35A Sentinel intercontinental ballistic missile program as the Secretary considers appropriate.
Section 492a of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Independent assessment by United States Strategic Command.—
“(1) IN GENERAL.—Not later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, the Commander of United States Strategic Command shall complete an independent assessment of the sufficiency of the execution of acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements.
“(2) CONTENTS.—The assessment required under paragraph (1) shall evaluate 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.
“(A) SUBMISSION TO NUCLEAR WEAPONS COUNCIL.—Not later than 15 days after completion of the assessment required by paragraph (1), the Commander of United States Strategic Command shall—
“(i) submit the assessment to the Chairman of the Nuclear Weapons Council; and
“(ii) notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council.
“(B) SUBMISSION TO CONGRESS.—Not later than 15 days after the Chairman of the Nuclear Weapons Council receives the assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees.”.
Section 495(b) of title 10, United States Code, is amended in the matter preceding paragraph (1)—
(1) by striking “before fiscal year 2020” and inserting “prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the ‘New START Treaty’)”; and
(2) by striking “1043 of the National Defense Authorization Act for Fiscal Year 2012” and inserting “492(a) of title 10, United States Code,”.
Section 1674 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(A) in the heading, by striking “on Use of Funds”; and
(B) by striking “none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the Department of Energy for the deactivation, dismantlement, or retirement of the B83–1 nuclear gravity bomb may be obligated or expended” and inserting “neither the Secretary of Defense nor the Secretary of Energy may take any action”; and
(2) in subsection (f), by striking “on the use of funds under” and inserting “in”.
Of the funds authorized to be appropriated by this Act for fiscal year 2024 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy, not more than 50 percent may be obligated or expended until the date on which the Comptroller General of the United States notifies the congressional defense committees that the Secretary of Defense has fully complied with information requests by the Government Accountability Office with respect to the conduct of the study required by section 1652 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2100).
(a) Significant enrichment activity defined.—In this section, the term “significant enrichment activity” means—
(1) any enrichment of any amount of uranium–235 to a purity percentage that is 5 percent higher than the purity percentage indicated in the prior submission to Congress under subsection (b)(1); or
(2) any enrichment of uranium–235 in a quantity exceeding 10 kilograms.
(1) IN GENERAL.—Not later than 48 hours after the Director of National Intelligence assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium–235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity, the Director of National Intelligence shall submit to Congress such assessment, consistent with the protection of intelligence sources and methods.
(2) DUPLICATION.—For any submission required by this subsection, the Director of National Intelligence may rely upon existing products that reflect the current analytic judgment of the intelligence community, including reports or products produced in response to congressional mandate or requests from executive branch officials.
Paragraph (1) of section 1660(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended to read as follows:
“(1) DESIGNATION.—The Secretary of Defense shall designate the Under Secretary of Defense for Acquisition and Sustainment as the senior official of the Department of Defense who shall be responsible for the missile defense of Guam during the period preceding the date specified in paragraph (5).”.
Subsection (a) of section 205 of title 10, United States Code, is amended to read as follows:
“(a) Director of the Missile Defense Agency.—There is a Director of the Missile Defense Agency who shall be appointed for a period of six years by the President from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force or from among the flag officers on active duty in the Navy.”.
Section 232(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1339), as amended by section 1688 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1144) and section 1644 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062), is further amended—
(1) in paragraph (1), by striking “through 2025” and inserting “through 2030”;
(2) in paragraph (2), by striking “through 2026” and inserting “through 2031”; and
(A) in the paragraph heading, by striking “emerging” and inserting “other Department of Defense missile defense acquisition efforts and related”;
(B) by striking “emerging issues and” and inserting “emerging issues, any Department of Defense missile defense acquisition efforts, and any other related issue and”; and
(C) by inserting “on a mutually agreed upon date” before the period at the end.
(a) Iron dome short-range rocket defense system.—
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to be appropriated by this Act for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $80,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States.
(A) AGREEMENT.—Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors.
(B) CERTIFICATION.—Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—
(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the implementation of such agreement; and
(iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended.
(b) Israeli cooperative missile defense program, david's sling weapon system co-production.—
(1) IN GENERAL.—Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $40,000,000 may be provided to the